[ADVERTISEMENT.] 

WINGATE'S  MARYLAND  REGISTES, 

Foil    1874-'75-'G. 
GREATLY   ENLARGED   AND   IMPROVED; 

BY    JAMES    WI3MGATE. 

Published  Under  aA  Act  of  the  Leoislatcee  Subsceieing  for  300  Copies. 
Large  Octavo,  670  Pages,  Price  $4.00. 

iVt)  other  State  has  a  similar  Publication. 
FOR    SALE    BY    BOOKSELLERS    AND    AGENTS. 


Tlie  following  are  some  of  the  commendatory  notices  of  the  pre\nous 
volumes  of  the  "Maryland  Register."  in  comparison  with  -whicli,  the 
present  volume  is  greatly  superior  in  every  respect. 

OPINIONS    OF    THE    PRES«- 


From  the  Baltimore  Dciiy  Sim,  of  June  28,  18.50. 
'"The  Martlaxd  Register'  i«  the  frnit  of  arrlnona  research,  great  labof  .liic 
large  experience,  and  it  will  prove,  we  doubt  not,  one  of  the  mo^^t  n^efnl  ])nblica- 
tious  of  its  class  that  has  ever  been  made.    To  the  people  of  Maryland  it  will  be  of 
infinite  service." 

From  the  Baltimore  Daily  American. 

"'Winerate's  Maryland  Register'  forma  an  indispen--able  record  of  information  foi 
the  use  of  merchants,  lawyers  and  business  men.  We  have  rarely  seen  a  more  fren- 
-^•crally  useful  compend.  or  one  upon  which  more  labor  and  care  in  the  compilation 
has  been  exjiended.  The  author  is  certainly  entitled  to  great  praise  for  the  pro- 
duction of  a  work  which  cannot  fail  to  be  eminently  serviceable  to  the  public,  and 
instructive  to  many  in  the  performance  of  public  duties.  The  last  Legislature  sub- 
scribed for  three  hundred  copies  for  the  use  of  the  State,"'  &c.,  &c. 

The  BriJtiniore  Patriot  says:— "Winirate's  Marylan  i  Register  is  one  of  the  mo>t 
useful  books  we  know,  for  legal,  political  and  business  purposes,"  &c..  &c. 

The  Americm  Democrat  pay«: — '•Wiu'_'ate"s  Maryland  Register  is  one  of  the  mot 
important  works  to  the  politicians  and  business  men  of  this  State  ever  presci;;e;l  lo 
the  public,"  &c.,  &c. 

The  Baltimore  Clipper  says :— "The  Register  is  a  le?al,  political  and  luT'iii""^ 
work  greatly  needed  for  purposes  of  reference,  and  is  a  most  excellent  compila- 
tion," &c.,  &c. 

The  Ba'timore  Eep^/blican Baya  :— "Wingate's  Maryland  Register  is  a  very  valnahlc 
book,  and  indispensable  to  merchants  and  business  men  as  well  as  to  all  who  wish 
to  become  familiar  with  the  political  institutions  and  government  of  their  State," 
&c. 

The  Fredfick,  Mrl.  Ecraminer  says :— '-We  express  our  great  obligations  for  a 
copy  of  the  second  edition  of 'The  Maryland  Register,  fcr  1857.  a  leiral.'political  and 
business  manual,  by  James  Wingate,  Esq.'  Too  much  praise  cannot  be  awarded  to 
the  capable  and  indefatigable  author  for  compiling  a  work  so  generally  useful,  in 
such  an  admirable  form  :  and  furnishing  it  at  a  cheapor  price  than  any  volume  of 
the  same  amount  of  reading  matter  has  ever  before  been  published  in  this  State. 
Every  one  should  possess  a  work  so  convenient  for  reliab'e  reference,  and  so  replete 
with  desirable  information." 
1 


11  OPINIONS   OF  THE   PRESS. 

The  Upper  Marlborough  Planters''  Advocate  says :— "We  are  indebted  to  Mr.  James 
WiNGATE,  of  Baltimore  for  a  copy  of  his  work  •  The  Maiyland  Jiegister,'  of  which  the 
second  edition  has  just  been  published:  .-ind  we  take  pleasure  "iu  testifviu-^  toils 
usefuluesf!  and  value.  It  is  eiuphaticnUy  a  'Maryland  b<x)k'— embracing;  every 
species  of  information  concerning  State  and  County  "atlair.s,  likely  to  be  of  interest 
to  her  citizens.  As  may  be  supposed,  it  is  full  of  statistics:  audit  may  be  said  to 
be  as  full  of  law  as  it  is  of  facts.  The  book  really  iv.-  what  it  pretends  to  be  ;  and 
evidences  a  great  deal  of  labor  and  pains-taking  in  its  preparation;  and  is  calcu- 
lated to  be  useful  iu  some  degree  to  every  Maryland  citizen  in  active  life." 

Frmn  the  Frederick  City  Maryland  Union,  qf  Ajrril  23,  1857. 

"  'The  Maryland  Registek.' — Every  Marylander  should  be.iu  jiossession  of  this 
work,  containing  as  it  does,  a  greater  amount  of  useful  information,  and  interest- 
ing detail,  respecting  the  governmental  organization  and  policy  of  the  State,  than 
any  volume  which  has  heretofore  been  presented  to  the  public,"  The  enlarged  de- 
sign and  completeness  of  the  'Register'  evidence  an  ability  which  deserves  the 
highest  appreciation.  We  congratulate  Mr.  Wingate  upon  the  eminent  success  of 
his  labors,  and  take  pleasure  iu  commeudiug  the  book  in  question,  as  a  work  of 
extraordinary  merit. 

From  the  Leonardtown,  Md.,  Beacon,  of  April  23,  18.57. 

"  'Maryland  Register.' — The  plau  of  the  work,  we  think,  is  admirable,  and  the 
work  itself  fully  supplies  a  great  want  in  our  political  history." 

From  the  Pcrrt  Tobacco  Times,  of  Ajn-il  2?j,  1857. 

'"Wingate's  Maryland  Register.'— Containing  as  the  Register  does,  avast 
amount  of  most  valuable  information  for  all  classes  of  men  in  this  State,  we  bespeak 
for  it  a  general  circulation  among  them." 

Frotn  the  Middlstoivn,  Md.,  Begister,  of  Api'il  2^1,  1857. 
"'Wingate's  Maryland  Register.' — Forms  a  record  of  information  invaluable 
to  merchants,  lawyers  and  every  class  of  business  men.  It  is  a  work  of  almost 
every-day  utility,  and  as  the  author  designed  it.  supplies  an  importani  public  want. 
It  is  a  book  every  citizen  of  Maryland  should  possess,  who  wishes  to  obtain  a  correct 
knowledge  of  tlie  goverument  and  political  institutions  of  his  State  ;  which  is  his 
duty." 

From  the  Hagerstown  Torch  Light. 

"  'Wingate's  Maryland  Register." — We  have  received  a  copy  of  this  work,  and 
from  a  hasty  glance  which  we  have  bestowed  upon  its  pages,  are  inclined  to  the 
opinion  that  it  is  one  of  the  most  useful  works  ever  issued  "from  the  Press  of  Mary- 
land. It  is  a  manual  of  340  closely  printed  pages,  and  contains  a  vast  amoi  nt  of 
diversified  legal  and  statistical  information,  stripped  of  all  unnecessary  verbiage, 
and  condensed  into  a  comprehensive  and  convenient  form.  To  attorneys  .and  otiicers 
of  tlie  law  especially  this  book  is  of  inestimable  value,  but  it  is  also  adapted  to 
popular  use,  and  none  should  be  without  it." 

From  the  Baltimore  Daily  American,  of  April  22, 1857. 

"  'Wingate's  Maryland  Register' — Second  Edition. — We  are  glad  to  see  that 
this  very  valuable  work  has  already  reached  a  second  edition,  and  that  the  compiler 
has  taken  occasion  to  aunex  a  large  amount  of  useful  information.  It  is  an  indis- 
pensable  work  for  lawyers  and  magistrates,  and  will  prove  eminently  useful  to 
every  man  of  business.  We  have  had  frequent  occasion  to  refer  to  it,  and  have 
always  found  it  complete  and  satisfactory.  Indeed,  on  several  occasions  we  have 
derived  infoiniatiou  on  subjects  which  we  would  otherwise  have  been  unable  to 
procnre.  A  work  of  this  comprehensiveness  could  only  have  been  compiled  with 
immense  labor  and  research,  and  we  commend  it  to  public  patronage  as  one  of  the 
most  useful  books  of  reference  ever  published." 

Fiom  tlie  Upper  Marlboro'  Gazette,  of  April -i^,  1857. 
'"Wingate's  Register.'— The  editor,  James  Wingate.  Esq.,  has  been  at  a  great 
care  and  expense  iu  compiling  the  work,  and  it  is  one  of  the  best  of  the  kind  ever 
published  iu  the  State," 

From  the  Annapolis  Republican,  of  April  18,  1857. 

'"Wingate's  Maryland  Register.'— The  Register  has  been  gotten  up  with  great 
care  and  labor,  and  the  production  is  invaluable  to  every  Marylander.  It  contains 
matter  not  only  interesting,  but,  in  every  jjoiut  of  view,  highly  useful  lo  every  mau." 

From  tJie  Easton,  Md.,  Star,  of  April  21,  1857. 

'•  'Wingate's  Maryland  Register  for  1857.'— Wc  are  indebted  to  the  author, 
James  Wingate,  Esq.,  for  a  coi)y  of  this  valuable  work.  It  is  invaluable  as  a 
book  of  reference,  and  should  commaiul  a  large  sale.  It  has  beeu  favorably  noticed 
by  the  Baltimore  Press,  aud  is  published  iu  handsome  style."        -^^ 


The  Legislature  of  Maryland  Authorized  a  State  Subscrip- 
tion TO  the  Present  and  Third  Volume  of 
THIS  Work,  as  Follows: 


/ 


At  a  Session  of  the  Geueral  Assembly  of  Man-land,  be^nin  nnd  held  at  the  City  of 
Annapolis,  on  the  tirst  Wednesday  in  January,  being  the  first  day  of  the  said  mouth, 
in  the  year  of  our  Lord  one  thousand  eiprhl  hundred  and  sixty-eight,  and  ended  on 
the  thirtieth  day  of  March  in  the  same  year. 

His  Excellency,  Thomas  Swank,  Governor; 
Among  others,  the  following  Law  was  enacted,  to  wit: 

No.    286. — An  Act  to  pro^nd^  a  State  Sulsa-iption  to  ^^Wingate's 
Maryland  Register,''''  &e. 

Sectiiin  1.  Be  it  enacted  hy  the  Genei-al  Ai^sembly  of  Mnnjland.  That  the  State  Li- 
brarian be.  and  he  is  hereby  authorized  and  directed' to  subscribe  for  three  hundred 
copies  of  the  next  and  third  published  edition  of  ••Winiraie's  Maryland  Register." 
when  published  by  James  WiniraTe.  and  that,  upon  the  delivery  of  said  books  to  the 
State  Library,  the  Comptroller  of  the  Trea-^ury  is  hereby  directed  to  issuf  his  war- 
rant to  the  Treasurer,  to  pay  said  James  Wingate,  for  the  said  Maryland  Register, 
at  the  rate  of  four  dollars  per  copy. 

Section  '2.  And  tie  if  enacted.  That  two  hundred  and  fifty  copies  of  said"Wingate"s 
Maryland  Register"  shalj  be  distributed,  by  the  State  Librarian,  to  such  State  and 
Couiity  (itficers  in  the  various  Counties,  and  the  City  of  Baltimore,  or  exchanged  for 
v.sefnl  publications  in  other  states,  as  the  Governor  shall  direct. 

Section  3.  And  be  it  enacted.  That  this  Act  shall  take  eflecl  from  the  date  of 
its  passage. 


Bt  the  Senate. 

March  30,  ISfiS. 

This  engrossed  bill,  the 
original  of  which  passed 
tfie  Senate  by  yeas  and  nays 
on  the  19th  day  of  March, 
ISfiS,  zvas  this  day  read  and 
v.ssenied  to. 
By  order, 
A.  Gassawat, 

Secretary. 


Thomas  Swann. 


By  House  of  Delegates. 

March  30,  ISOS. 

This  engrossed  bill,  the 
original  of  ivhich  jwssed  tlu, 
House  of  Delegates  by  yeas 
and  nays  on  the  USth  day  cf 
March,  1808,  was  this  day 
read  and  assented  to. 
By  order, 

M.  y.  KiDD, 

Chief  Clerk. 


MARYLAND.  Sc  t.— I.  James  S.  Franklin,  Clerk  of  the  Court  of  Appeals  of 
Maryland,  do  hereby  certify  that  the  aforegoing  is  a  fu  .and  true  copy  of  the 
Act  of  the  Geueral  Assembly  of  Maryland,  of  which  it  purports  to  be  a  copy  .'as  taken 
Irom  the  original  law  deposited  in  and  belonging  to  the  Court  of  Appeals  aforesaid. 

In  testimony  avhereof,  I  hereunto  set  my  hand  as  Clerk,  and  affix 
[Seal.]  the  :^eal  of  the  said  Court  of  Appeals  this  fifteenth  day  of  De- 

cember, A.  D.  1873. 

Test :  Jas.  S.  Franklin, 

Clerk  of  Court  of  Appeals. 


OPINIONS   OF   THE   PRESS.  iu 

From  the  Cambridge  BemocraU  of  AjrriL  22,  1857. 

"  'Wingate's  Maryland  Registek.'— We  have  received  the  second  edition  of  this 
work,  wliich  i<  jur-t  published.     This  is  a  work  suited  to  the  wants  of  every  person, 
and  especially  should  no  man  of  business  be  without  a  copy.' 
From  the  Somerset  Union,  of  April  21,  1857. 

"'Wixgate's  Mabtland  Eegistee  for  1857."— A  cursory  examination  of  the  work 
shows  ii  to  be  interesting  and  valuable  alike  to  all  who  desire  to  keep  themselves 
informed  of  our  internal  afiairs.  We  know  of  no  source  whence  the  same  amount 
of  information  >()  necessary  for  business  men  can  be  obtained.  We  cordially  com- 
mend it  to  the  patronage  of  the  public." 

Fro)7i  the  BockvUle,  Md.,  Sentinel,  of  May  1, 1857. 
"  -WiNGATE's  Martlaxd  REGISTER,'  for  a  copy  of  which  we  are  indebted  to  the 
compiler,  is  a  work  of  commanaiug  merit,  supplying  a  want  long  felt  bv  the  business 
classes  of  Maryland.  To  professional  gentlemen  this  publication  "is  peculiarly 
valuable,  by  reason  of  the  ready  access  it  furnishes  to  points  heretofore  requirinir 
laborious  and  voluminous  search.  For  the  purpose  of  sreneral  reference  this  work 
is  a  complete  -'vade  mecum."  and  should  be  in  the  hands  of  every  Marylander  en- 
gaged in  public  business  of  any  kind." 

From  the  Fredeiick,  Md.,  Citizen,  of  A]yrU  24,  1857. 
"•WixGATE's  Maryland  Register,' for  a  copy  of  which  we  are  indebted  to  the 
author,  is  a  work  whose  great  value  no  lawyer,  politician  or  iutelliirent  business 
man  will  fail  to  appreciate,  upon  even  the  m'o^st  superficial  examination  of  its  con- 
tents. No  one  understanding  the  merits  of  the  book,  able  to  purchase  a  copy,  will 
consent  to  be  without  one." 

From  the  Boonsboro',  Md.,  Odd  Fellow,  of  April  2.3,  1857. 
••  'WiNGATE's  :Maryland  REGISTER."— It  is  a  most  valuable  book,  one  that  should 
be  iu  the  hands  of  every  man  in  the  State.    Its  usefulness  can  only  be  known  by  an 
examination  of  the  volume."' 

Fro7n  tlu  Westminster,  Md.,  Anwricarh  Sentinel,  of  April  21,  1857. 

" -iULYLAND  Register.'— We  are  under  great  obligations'to  the  author,  James 
Wingate,  Esq..  for  a  copy  of  the  above  bookt  which  is  the  most  acceptable  "oook  we 
have  received  for  the  past  year,  and  heartily  commend  its  purchase  to  our  friends." 

From  tlie  Frederick  Citizen. 

"  'WiNGATE's  Maryland  Register.'- Those  who  desire  a  large  amount  of  statis- 
tical, legal  and  other  information  adapted  to  every  condition  of  life,  and  who  are  not 
dispoj-ed  to  purchase  a  great  number  of  costly  works,  and  who  if  thev  had  them, 
have  not  the  leisure  to  consult  them,  to  such,  Wiugate's  Register  of  Marvland,  is  an 
indispensable  work.  It  abounds  with  information  put  up  in  an  easy  popular  style, 
particularly  suited  to  meet  the  wants  and  necessities  of  the  masses,  while  to' all 
other?  who  wish  to  make  speedy  reference  in  the  legal  profession  and  other  business 
operations,  it  is  of  incalculable  value," 

From  the  Frederick  Union. 

••  'WiNGATE's  Maryland  Register.'— This  is  one  of  the  most  useful  publications 
of  the  day,  and  contains  precisely  such  information  as  all  classes  of  societv  stand 
constantlv  iu  need  of,  and  which,  if  not  obtained  from  the  pages  of  this  work,  must 
be  sought  for  elsewhere  at  much  greater  expense  and  pains.  How  so  much  import- 
ant information  can  be  compressed  within  such  narrow  limits,  we  cannot  conceive. 
Every  page  glows  with  interest  and  information.  It  should  be  the  constant  com- 
panion of  ever>  head  of  a  family  in  the  ijtate  of  Maryland.  No  work  or  recent  pub- 
lication has  been  so  highly  recommended  by  the  Press,  the  legal  profession,  and  iu 
fact,  by  all  who  are  capable  of  understanding  its  real  merits,  as  the  work  now  before 
us.'' 

From  the  Baltimore  DaUy  Sun,  of  October,  1856, 

"■WiNGATE's  Maryland  Register."— This  very  useful  work,  which  we  have 
heretofore  spoken  of  as  in  press,  is  now  published,  and  we  freelv  declare  that  its 
great  valne  had  only  been  partially  appreciated  by  us.  We  have  carefullv  examined 
several  of  the  most  important  departments  of  tlie  volume,  and  find  them  iu  detail 
and  analysis  so  carefully  digested  that  the  most  fastidious  criticism  is  anticipated 
l)y  the  completeness  of  the  work.  It  is  little  to  say  that  for  a  book  of  so  much  prac- 
tical value,  as  well  as  originality,  Mr.  Wingate  has  earned  the  substantial  approval 
of  the  public.  In  this  age  of  menial  comiietition  great  credit  is  due  to  anv  person 
who  can  strike  out  a  new  path  of  usefulness.  As  no  publication  of  this  kind  has 
ever  appeared  even  in  the  enterprising  States  of  the  North,  and  as  the  plan  of  tke 
work  is  of  undoubted  merit,  inasmuch  as  it  will  supply  an  important  i)ublic  want, 
the  public  are  under  obligations  for  the  conception,  as  well  as  for  the  immense 
laboi  involved  in  its  execution.  As  the  author  has  been  successful  in  previous  pub- 
lications, which,  we  have  the  highest  authority  for  asserting,  have  proved  ad\an- 
tageous  to  the  State,  we  hope  that  this  volume,  thoiu'li  designed  as  a  popular  work, 
may  also  prove  advantageous  and  pecuniarily  tucccssluU" 


\^J  vVv*  <>Aii, 


WINGATE'S 

Q,  MARYLAND  REGISTER 

A  LEGAL,  POLITICAL  AND  BUSINESS  MANUAL; 

Greatly  Enlarged  and  Improved, 

:Bizr  j-^ivcEis  ^^at x nsr a- jl a? e ^ 

COMTAINING   THE   NAMES   ANn   DUTIES   OP   THE 

PUBLIC    OFFICERS    OF    MARYLAND, 

STATE,  COUNTY  AND   CITY, 

CNDER    TUB    CONSTITUTION  AND    GENERAL    AND  LOCAL    LAWS   OF   THE   STATE, 

WITH   THE   LAWS  RELATING  TO  THEIR   ELECTION  OR  APPOINTMENT, 

QUALIFICATION,  COMPENSATION,  &C. 

A  L  S  O  ,     T  11  E 

MUNICIPAL  OFFICERS  OF  BALTIMORE  CITY, 

AND   THEIR    POWERS   AND   DUTIES    UNDER    THE    LAWS  AND  ORDINANCES  OF   THE   CITY 

ALSO,    THE 

Oicers  of  tte  General  Goyernmeut  in  MarylanJ, 

WITH   THEIR  DUTIES  AND  SALARIES, 
ALSO 

THE  POLITICIAN'S   REGISTER, 

CONTAINING     THE     ELECTION     LAWS    IN    FULL,    FOR    NATIONAL,    STATE    AND    COCNTt 

OFFICERS  ;    ALSO,  THE   LAST   ELECTION   RETURNS  FOR  NATIONAL, 

STATE,   COUNTY  AND  CITY   OFFICERS. 

ALSO 

MISCELLANEOUS   ARTICLES: 

The  Attorneys  at  Law,  Physicians  and  their  Fee  Table,  &c.,  &c..    Rates 
AND  Rules  of  Postage,  &c.,  &c.,  &c. 

THE  GOVERNMENT  OF  THE  UNITED  STATES. 

&c.,    &c.,  &c. 


BALTIMORE: 

1875. 


Entered,  according  to  Act  of  Congress,  in  the  year  1873, 

BY    JAMES    WINGATE, 

In  the  Office  of  the  Librarian  of  Congress,  at  Washington. 


Printed  by  John  W.  Woods. 


PREFACE   TO   MARYLAND   REGISTER, 

For  i874-'75-'76. 


The  large  and  improved  volume  of  "Wingate's  Maryland  Regis- 
ter," which  is  now  presented  to  the  pulilic,  will, it  is  hoped, be  found  of 
increased  usefulness  and  value  over  the  former  volumes  of  the  work. 
The  object  of  the  book  is  to  define  the  powers  and  duties  of  all  the 
public  officers  of  the  State,  elected  or  appointed  under  the  Constitu- 
tion, the  General  and  Local  Laws  and  Municipal  Ordinances.  This 
will,  of  course,  be  more  useful  and  satisfactory  to  the  parties  than  the 
brief  abstracts  of  the  laws,  &c.,  given  in  the  previous  volumes.  Full 
references  are  made  to  the  Acts  of  Assembly,  defining  the  duties,  &c., 
of  public  officers  since  the  codification  of  1860.  The  Constitution  of 
the  State  is  published  in  full,  with  an  index  expressly  prepared  for 
this  work.  The  "Politician's  Register,"  from  page  524,  furnishes  the 
laws  relating  to  Registration  of  Voters,  the  Election  Laws,  the  Enforce- 
ment Act  of  Congress  or  "Civil  Rights  Bill,"  &c.,  summary  of  State 
Elections,  tlie  votes  for  President,  Governor,  Members  of  Congress,  and 
all  other  elections  in  the  State. 

A  iH'ominent  feature  of  the  book  is  the  number  of  Miscellaneous  Ar 
tides,  not  necessarily  pertaining  to  the  work,  but  valuable  for  refer- 
ence, among  which  are  the  following:  The  members  of  the  Constitu- 
tional Conventions  of  the  State,  from  the  commencement  of  the  Govern- 
ment in  1776  to  the  present  time;  the  names  and  terms  of  service  of 
all  the  Judges  of  Maryland  from  1777 ;  also  the  Chancellors,  the  Attor- 
neys General,  &c. ;  the  Lords  Proprietary  and  Governors  of  the  State 
from  1632;  the  United  States  Senators  from  1789;  the  members  of  the 
General  Assembly  and  its  officers  from  1861  to  1874  inclusive;  the 
Comptrollers  and  Treasurers  of  the  State,  &c. ;  the  Mayors  of  Baltimore 
City,  &c.  The  Government  of  the  United  States  is  also  added,  and  a 
great  variety  of  other  articles. 

It  is  proposed  to  republish  the  book  every  two  years,  after  each  ses- 
sion of  the  General  Assembly,  with  all  the  changes  in  officers  and  the 
laws  relating  to  them.  The  work  has  been  stereotyj^ed  with  this  view 
and  to  enable  the  book  to  be  sold  hereafter  at  a  reduced  price. 

JAMES  WINGATE.      ' 

Baltimore,  Jannary,  1875. 

P.  S.— It  is  proper  to  state  that  this  book  was  intended  for  publication  sometime 
since,  but  its  proi;;ress  has  been  interrupted  by  two  disastrous  fires;  ihe  1,'rcat  tiic 
in  yaratoija  street  caused  the  loss  of  manuscripts,  and  the  recent  fire  on  youth  -trect 
destroyed  stereotype  plates  and  proofs  of  the  work.  The  book,  however,  is  none 
Ihe  less  valuable,  that  it  gives  the  legislation  and  uames  of  officers  to  the  present 
writing. 


75 


HISTORY  OF  THE  WORK. 


The  "Maryland  Register"  was  first  published  by  the  undersigued  in  1856,  pre- 
vious to  the  first  codiflcation  of  the  laws  of  the  State,  which  was  iu  ISCO.  The 
work  was  prepared  with  great  labor  aud  care,  as  the  followiug  extracts  from  the 
Preface  will  show : 

[Preface  to  First  Volume.] 

"It  is  believed  that  this  publication  will  supply  an  important  public  want.  The 
plan  of  the  work  is  new.  and  its  character  is  not  fully  indicated  by  its  title.  The 
'Maryland  Hegister'  is  designed  to  furnish  the  people  of  this  State  with  a  cheap 
vohime,  containing  correct  and  ample  information  upon  every  subject  connected 
with  thf  organization  aud  administration  of  the  State  Government— throngli  all  its 
Departmeatsand  Political  Divisions— by  defining  the  official  position,  dutic--,  &c.,  of 
every  public  officer,  elected  or  appointed,  under  its  Constitution  or  Laws.  I'his 
iuformation  was  hitherto  acquired,  by  those  who  wished  to  become  familiar  with  the 
practical  operation  of  the  institutions  of  their  State,  only  by  a  long  and  toilsome 
study  of  the  statutes,  or  by  years  of  observation  and  inquiry,  aided,  jjcrhaps,  by 
personal  cxperieuce  in  some  one  or  more  of  the  many  branches  of  the  public  service."' 

"The  preparation  of  this  work  required  the  study  aud  analysis  of  nearly  the  whole 
statute  law  of  the  State,  from  the  earliest  colonial  legislation  to  the  present  time. 
The  laborious  and  difficult  task  of  extracting  those  provisions  of  law  which  alone 
possess  vitality  aud  force  from  the  multitude  of  complex  acts,  abounding  iu  obso. 
lele,  annulled  aud  repeatdly  modified  sections  and  clauses,  (hitherto  the  only  sources 
of  public  information,)  will  be  more  fully  appreciated  by  those  who  are  coicnizant 
of  this  condition  of  our  statute  law,  includiug  the  legal  profession,  aud  those  who 
have  participated  in  the  legislation  of  the  State." 

"The  thousands  of  Local  Laws  had  also  to  be  carefully  dissected  ;  aud  all  their 
cousisteut  provisions,  not  abrogated  by  the  new  Constitution,  nor  repealed  nor 
rendered  superfluous  by  any  subsequent  general  law,  are  published  iu  couuei.tiou 
witli  the  full  lists  of  all  County  Officers." 

"The  valuable  and  important  feature  of  this  work,  however,  is  the  plan  adopted 
of  giving  the  legal  reference,  iu  every  case,  for  every  statement  the  book  contains, 
so  that  the  original  authorities  can  be  readily  consulted  for  the  purpose  of  its  con- 
brraatiou." 

"The  Members  of  the  Legislature  will  find  the  complete  lists  of  references  to  the 
Acts  of  Assembly  upon  every  subject  of  legislation,  local  as  well  as  general,  to  which 
their  attention  may  be  directed,  (aud  which  this  book  alone  coutains.)  will  save 
them  a  vast  amount  of  time  and  labor  in  the  discharge  of  their  legislative  duties. 
This  work  will  aihO  sorve  the  additional  purpose  of  a  'Blue  Book,"  for  their  use." 

"After  each  Biennial  Ceueral  Elcctiou  aud  each  Biennial  Session  of  the  Legislature, 
it  is  proposed  to  republi^h  the  work,  with  all  the  changes  created  in  Politics,  Legis- 
lation and  Business."' 

"It  is  proper  to  state,  that  iu  the  prei)aration  of  this  work,  the  author  has  liad  no  op 
portuuity  of  personal  consultation  with  others,  aud  has  been  compelled  to  rely  solely 
upon  his  own  unaided  rendering  of  the  statutes." 

"The  Legislature  of  .Maryland,  by  the  Act  of  1856,  oh.  348,  kindly  authorized  a 
State  Bubscription  for  300  copies  of  this  work." 

JAMES  WINGATE, 

Publisher  of  the  Decisions  (  4  vols.)  qf  the  late  "High  Court  of  Chancery.'''' 

Baltimobk,  October,  1866. 


PLAN    OF  THE   WORK. 


The  following  sketch  of  the  Plan  of  the  Book  will  be  useful  for  pur- 
poses of  reference  : 

DIVISIONS  OF  THE  BOOK. 

First.  The  ''Declaration  of  Rights,"  with  notes,  and  Article  1  of  the 
^Constitution — The  "Elective  Franchise."  [The  other  Articles  of  the 
Constitution  are  distributed  throughout  the  book  in  connection  with 
the  Public  Ollices,  the  Public  Officers,  and  suiyects  to  which  their  pro- 
visions relate.  This  plan  is  adopted  to  enable  the  reader  to  oljtain 
a,  connected  vieio  of  both  the  constitutional  and  le<jal  provisions  relating 
to  said  offi(X'rs  and  subjects,  thus  dispensing  with  the  necessity  of 
an  examination  of  difl'eient  parts  of  the  book.] 

A  lull  ami  ('oniplete  analytical  index  to  the  Constitution  follows, 
a.ud  lists  of  members  of  all  the  Constitutional  Conventions  held  in 
Maryland  from  1776  to  the  present  time. 

Second.  The '"Executive  Department,"  Art.  II  of  the  Constitution, 
with  an  abstract  of  the  provisions  of  all  other  articles  of  the  Constitu- 
tion n  latiiig  to  the  poweis  and  duties  of  the  Governor,  also  the  pow 
ers  and  ikities  of  the  Governor  under  the  Public  General  and  Local 
liOws;  including  the  "Executive  Ajjpointments."  The  names  of  the 
lvOr(lsPro))rietary  and  the  Governors  under  the  Proprietary,  Royal  and 
State  Governments,  Irom  lii'S'i  to  the  present  time,  are  added. 

Tliird.  The  ••riCgislative  Department,"  tlie ".Judiciary  Department." 
and  the  "Treasury  Department,"  with  the  powers  and  duties  of  their 
officers,  under  the  Constitution  and  the  Public.  General  and  Local 
Laws;  also  the  members  of  the  Gciieral  Assembly  of  Maryland,  from 
1860  to  1876.  The  Judges  of  Maryland,  from  1777  to  the  present 
time,  and  a  li  -,  oi  the  Treasurers  and  Conij^trollers. 

Fourth.  The  other  Articles  of  the  Constitution  prescribing  the 
duties  of  public  f)fficers,  elected  or  appointed,  with  their  powers  and 
duties  under  the  General  and  Local  Laws;  also  the  powers  and 
duties  of  other  public  officers,  elected  or  appointed  under  the  Laws. 

Fiflh.  Baltimore^  City. — Article  XI  of  the  Constitution,  relating  to 
Baltimore  citv,  and  Article  IV,  part  IV,  of  the  Constitution,  relating 
to  the  Courts  of  Baltimore  city,  with  the  powers  and  duties  of  all  the 


X  PLAN   OF   THE   WORK 

officers  of  Baltimore  city,  elected  or  appointed,  under  the  State  nr 
Municipal  Government,  as  prescribed  by  the  Constitution,  the  Public 
General  and  Local  Laws  and  the  City  Ordinances.     . 

Sixth.  The  Local  Laws  relating  to  Local  Officers,  «S;c.,  in  all  the 
counties. 

Seventh.  The  NAMES  of  the  Public  Officers  of  Maryland  in  all 
departments  of  Government,  elected  or  appointed.  The  names  of  the 
Local  Officers  in  all  the  counties.  The  names  of  all  the  Baltimore 
City  Officers.  The  names  of  the  Officers  of  the  United  States  in 
Maryland,  elected  or  appointed  under  the  Laws  of  the  United  States- 
including  the  United  States  Courts,  Members  of  Congress,  Custom 
House  Officers,  Post  Office,  &c. 

Eighth.  The  "Politicians'  Register,"  (separately  paged,)  containing 
all  the  Laws  relating  to  the  Registration  and  Election  of  State,  Corn 
ty  and  City  Officers;  also  the  Laws  relating  to  the  Election  of  the 
United  States  Officers  ;  a  "Summary  of  the  regular  State,  County  and 
City  Elections  ;  "  and  "Election  Returns,"  giving  the  Votes  cast  at  the 
last  Presidential,  Gubernatorial,  Congressional  and  Municipal  Elec- 
tion ;  also,  the  Votes  for  State  and  County  Officers  in  1874. 

Ninth.  Miscellaneous  Articles.     List  of  Attorneys,  Physicians,  &c. 

Tenth.  The  Government  of  the  United  States. 

Eleventh.  "Supplement  and  Appendix,"  containing  the  names  of 
Public  Officers  elected  and  appointed  since  the  printing  of  the  work 
was  commenced,  with  the  changes  in  the  laws  relating  to  their  duties, 
&c. 


SUMMARY    OF    CONTENTS. 


ADVERTISEMENT 

OPINIONS    OF   THE   PRESS 

TITLE  PAGE 

PREFACE 

SUMMARY   OF    CONTENTS   AND   INDEX 

[Tlie  "Politicians'  Register"  and  "Miscellaneous"  are 
separately  paged  and  indexed.] 


THE     STATE     GOVERNMENT     OF    MARYLAND. 

ITS  CONSTITUTION  AND  LAWS. 

Containing  the  Constitutional  Provisions  and  Acts  of  Assembly  re- 
lating to  the  election,  eligibility,  powers,  duties,  compensation,  &c., 
of  all  its  State,  County  and  City  officers,  with  their  names,  date  of 
election,  terms  of  office,  &c. 


THE    CONSTITUTION   OF   MARYLAND. 
Declaration  of  Rights,  (with  notes,) 17,  22 


THE   ELECTIVE   FRANCHISE. 

[Cmistitution,  Article  I.] 

Qualification  of  Voters — Disqualified  to  Vote — Bribery  and 
Penalties — Punishment  for  Illegal  Voting — Registration  of 
Voters — Oath  of  Office — New  Election  on  Refusal  to  take 
the  Oath 23,  26 

^^^° Articles  II  to  XV  of  the  Constitution  are  printed  in  connec- 
tion with  the  Departments  of  Government  and  the  Ojficers and 
Subjects  to  which  they  relate,  throitfjJiout  the  Book. 


THE    CONSTITUTIONAL   CONVENTIONS    IN 

MARYLAND. 

Members  and  Officers  of  the  Constitutional  Convention  of 

18(>7 26 

Members  and  Officers  of  tlie  Convention  of  1776 27 

Meml)ers  of  the  Convention  of  17-^8 28 

The  Constitutional  Convention  of  ISol 29,  30 

The  Constitutional  Convention  of  1664 30,  31 


Xii  SUMMARY   OF   CONTENTS. 

I',iaE. 
SPECIAL  INDEX  TO  THE  CONSTITUTION. 

A  special  and  full  Index  to  the  Constitution  is  next  given, 
sei^arately  paged,  i  to  xv. 

APrORTIONMENT  OF  DELEGATES, 
Under  the  National  Census  of  1870. 

THE  GOVERNOR'S  PROCLAMATION, xvi 


EXECUTIVE    DEPARTMENT. 

[See  Index  to  Constttution,  following  page  32.] 

Governor's  Powers  and  Duties  under  the  Constitution.     Art.  II. 

Term  of  office — The  time,  place  and  manner  of  his  elec- 
tion— Plurality  to  elect — In  case  of  a  tie,  the  General 
Aspc^mbiy  to  eicct. — Qualifications  of  tlie  Governor — Incase 
of  dt^atli  or  Re>ignation,  &c. — In  case  of  vacancy  the  Presi- 
dent of  the  Senate  to  act — Executive  appointments,  when 
m.'ide — Aiipoinlment  during  Recess — Time  of  nomination 
of  Civil  Otncera — The  Veto  Power — Three-fifths  of  each 
House  may  p;!ss  a  Vetoed  Bill — The  Pardoning  Power — 
The  Governor's  Salary \ 33,  37 

The  Governor  s  Powers  and  Duties  under  other  Articles 
of  the  Cons' itution. 

Tile  Goreruor'n  Oath— Arrangement  of  Representation — Elec- 
tions to  till  Vacancies— How  Bills  are  to  be  signed — Con- 
tingrnt  Fund — Refunding  of  money  or  releasing  persons  in- 
delited  to  tlie  State — Returns  of  Elections  to  be  made  to 
Govemor — When  to  order  New  Elections — To  till  vacancies 
in  the  Orphans'  Court — To  appoint  Justices  of  the  Peace — 
To  a]i]ioint  Sheriffs  in  certain  cases — To  decide  on  Elec- 
tions, ttc,  of  Attorney  Genera!,  and  to  fill  a  vacancy  in  the 
office — To  fill  Vacancies  in  the  office  of  Comptroller  and 
Treasurer — Ranks  to  give  Security  to  the  Governor  for 
])ublic  moneys— To  appoint  a  Comtnissioner  of  the  Land 
Oitice  and  Adjutant  General — Is  a  meml)er  of  the  Board  of 
Public  Works — To  declare  the  office  of  Defaulters  vacant 
— To  order  a  New  Election  in  case  of  Tie  Votes — Officers 
may  Qualify  before  the  Governor,  &c. — To  sign  Commis- 
sion of  Public  Ollicers T 37,40 

To  apjjoint  Secretary  of  State— The  State  Librarian — The 
Commissioner  of  the  Land  Office — The  Adjutant  General 
and  other  officers  of  Militia,  Coroners,  Elisors  and  No- 
taries Public — Justices  of  the  Peace 46 

The  Powers  and  Duties  of  the  Governor  under  the  Laws. 

Tiie  Governor's  Inauguration— To  Control  the  Great  Seal 
— To  sign  Land  Patents— The  Great  Seal  to  be  affixed 
to  Laws — May  appoint  a  Messenger— To  issue  Death 
Warrants— May  commute  Sentence  of  Death — May  Remit 
Forfeited  Recognizances — May  remit  portions  of  Fines  not 
belonging  to   Informers— May  grant  nolle  prosequi — May 


SUMMARY   OF   CONTENTS.  XUl 

Page. 
remit  Militia  Fines — May  enforce  the  attendance  of  Wit- 
nesses and  Payment  of  Costs — To  issue  Proclamation  of 
Election  of  Presidential  Electors  and  Meml)ers  fif  Con- 
gress— May  restrict  Intercourse  with  Infected  Places — To 
appoint  Keeper  of  Public  Buildings.  Watchmen,  Keeper  of 
Steam  House — To  lill  Vacancies  in  office — May  remove  In- 
sane Convicts  from  Penitentiary — To  appoint  and  remove 
Collectors  of  State  Taxes  iu  ci^rtain  cases — To  receive  the 
returns  of  election  officers — To  Commission  United  States 
Senators — To  call  Special  Elections — The  annual  Appro- 
priation of  ^lo.OOO  to  Indigent  Blind  to  be  a])i)lied  under 
his  directicm — He  is  a  Commissioner  of  the  "State  Fishery 
Force" — He  receives  the  Annual  Report  of  the  State  Board 
of  Education — He  is  not  to  Commission  Defaulters — He 

api^roves  the  Bond  of  certain  officers 40,  46 

The  Governor's  Appuintment^  umler  the  Lairs. 

Five  Inspectors  of  Tobacco,  and  one  Supervisor  of  Tobacco 
Warehouses — The  "Weighmaster  of  Live  Stock — Four  In- 
spectors of  Hay  and  Straw — Four  Coroners  in  Baltimore 
city,  and  Coroners  in  the  Counties — Five  Notaries  Public 
in  Baltimore  city,  and  Notaries  Public  in  the  Counties- 
One  or  more  State  Whartingers — The  State  Vaccine  Agent — 
Two  Inspectors  of  Steam  Engines  and  i3i)ilers  in  Baltimore 
city — Commissioners  to  take  Acknowledgment  of  Deeds — 
State  Arniorers  at  Easton  and  Frederick — Superintendent 
of  the  National  Road — One  Weigher  General  and  Five 
Assistant  Weighers — All  Officers  of  Registration  in  the 
State — Four  ^iembers  of  the  State  Board  of  Education — 
Ten  of  the  Directors  of  the  Maryland  Industrial  School  for 
Girls — Two  of  the  Managers  of  the  House  of  Reformation 
and  Instruction  for  Colored  Children — Six  Directors  of  the 
Maryland  Penitentiary — Three  Commissioners  of  Pharmacy 
and  Practical  Chemistry — Three  Trustees  of  the  State  in 
the  Washington  Cemetery — Three  Visitors  of  St.  John's 
Literary  Institute 47,  48 

The  Governor's  appointments  to  till  Vacancies 48,  49 


.THE    SECRETARY    OF    STATE. 
nis  Powers  and  Duties  under  the  Gojtstitution. 
[See  Index  to  Constitution.] 

Hk  Poioers  and  Duties  wuler  tlw  Laws. 
To  keep  a  Department   Seal — To    Record    Commissions    of 
Civil  officers — May  Certify  to  the  Qualification  of  Public 
Officers^ — CoiJies  of  Office  Records    Legal    Evidence — To 
furnish  Comptroller  Lists  of  Qualified  Othcers,  &c 49,50 


THE  LORDS  PROPRIETARY  AND  GOVERNORS 
OF  MARYLAND. 

The  Lords  Proprietary  from  1632  to  177G — The  Governors  of 
Maryland  from  1083  to  1874,  under  the  Proprietary,  Royal 
and  State  Governments,  with  the  date  of  their  Term  of 
Service 50,  51 


Xiv  SUMMAUY   OF   CONTENTS. 


Page. 


LEGISLATIVE  DEPARTMENT. 
The  Powers  and  Duties  of  the  General  Asserahhj  of  Maryland, 

under  the  Constitution.  52,  65 

[See  Index  to  Constitution.] 

Powers  and  Duties  of  tJie  General  Assembly  prescribed  by 
General  Laws. 
Oiitli  of  Office— Organization — Compensation  and  Mileage — 
Stationery — Compensation  of  Secretary  of  Senate — Chief 
Clerk — Public  Printing — Publication  of  Laws  in  News- 
papers— Duties  of  Secretary  ol  Senate  and  Chief  Clerk  in 
relation  to  Public  Local  Laws — Counties  Exempted — Ad- 
vertising County  Internal  Iiiprovenient  Acts — Presi- 
dintial  Electors — Cancelled  Bonds — Contested  Elections — 
Defaulters 65,  08 


CLASSIFICATION  OF  STATE  SENATORS. 

List  of  Counties,  &c.,  electing  Senators  of  the  First  Class. . .  68 

List    of   Counties,  &c.,    electing   Senators   of  the    Second 

Class 68 


ELECTION  OF  UNITED  STATES  SENATORS. 

Classification — Vacancies — Qualifications  of  Senators  — How 

Classified  in  Maryland — When  Senators  are  Elected 69 

Mode  of  Electing  United  States  Senators  under  the  Act  of 
Con'jress-,  <>/'1866. 
To  Elect  on  tlie  second  Tuesday  after  the  meeting  and  or- 
ganization of  the  Legislature — To  vote  viva  voce  eacli  suc- 
ceeding day   until  chosen — Plow  Vacancies  are  Filled — 
Governor  to  give  Certificate  of  Election 69 


NAMES  OF  MARYLAND  SENATORS, 
FROM  1789  TO  1874. 

Senators  from  the  Western  Shore — Senators  from  the  Eastern 
Shore — With  their  Terms  of  Office 

[To  which  add  lion.  Wm.  Piukuey  Whyte,  Ba  timore  City,  elected  Janu- 
ary ai,  ia^(4,  10  bucceed  Hou.  Wm.  T.  Uamiltou,  I'rom  March  4th,  1875.] 


MARYLAND  SENATORIAL  DISTRICTS. 

One  Senator  always  to  be  elected  from  the  Eastern  Shore 

and  one  Senator  from  the  Western  Shore 70 


ELECTION  OF  STATE  TREASURER, 

State   Treasurer  to  be   elected  on  joint   Ballot  of  the  two 
Houses— On  a  day  to  be  selected  by  the  two  Houses '. .  70 


ELECTION  OF  POLICE  COMMISSIONERS  OF 
BALTIMORE    CITY. 

Three  Commissioners  to  be  Elected  on  Joint  Ballot  for  Four 

Y'ears— Term  of  Office — Vacancies  filled  by  the  Governor.  70,  638,  658 


SUMMARY   OF   CONTENTS.  XV 

Page. 
THE  GENERAL  ASSEMBLIES  OF  :^L\RYLAND, 
From  1860  to  1874,  inclusive,  with  Names  of  Officers. 

General  Assembly  of  1860  and  1801 71.  72 

General  Assemblj-  of  1802 72.  73 

General  Asseml)ly  of  1804 75 

General  Assembly  of  1805  and  1860 75,  76 

General  Assembly  of  1867 77,  78 

General  Assembly  of  1868 78.  79.  80 

General  Assembly  of  1870 !>0.  81 

General  Assembly  of  1872 82.  83 

General  Assembly  of  1874 470,  471 

Legislative  Officers  of  1874.     {See  Addenda.) 

THE  JUDICLIRY  DEPARTMENT. 
General  Provisions  of  the  Constitution  Relating  to  Courts.  85.  88 

[See  Index  to  Constitution.] 

THE    COURT    OF    APPEALS. 
Provisions  of  the  Constitution  Relating  to  the  Court  of  Appeals.       89,  90 
[See  Index  to  Constitution.] 

General  Laws  Relating  to  Court  of  Appeals. 
State  Reporter  appointed  by  the  .Judges — Salary — His 
Duties — Printing  and  Publishing  Reports — State  Sub- 
scription— When  Judges  are  Disqualified — Legal  Resi- 
dence— Adjournment  of  Court — Return  of  Process — Con- 
tinuance of  Actions — Writs  of  Diminution — How  Pre- 
pared— Not  to  Delay  a  Hearing — Writs  of  Fieri  Facias 
and  Attachment — How  Directed  and  Returnable — Scire 
Facias  against  Heirs,  ifec — Proceedings  under  Scire  Facias, 
&c. — Where  Scire  Facias  may  be  sent — When  Entries 
may  be  made — Writs  of  Error — No  Judgment  Reversed, 
&c. — Relating  to  Entry  or  Amendments — Costs — Costs  in 
certain  Appeals — Pay  of  Crier  and  Sheriflf — Production  of 
Original  Papers,  Maps,  ifcc 91,  94 

THE  CLERK  OF  THE  COURT  OF  APPEALS. 
To  have  Custody  of  Records,  Papers,  &c. — To  Record  Ex- 
tracts  of  Deeds,    &c.— The    Clerk's  Bond— Clerk's  Resi- 
dence— Receijits  and  Expenses 95 


GENERAL  LAWS  RELATING  TO  APPEALS  TO 

THE  COURT  OF  APPEALS. 
[The  Provisions  of  Article  5  of  the  I'ublic  General  L.iws,  have  been 
superseded  to  some  extent  by  the  "Kale?  of  the  Conrt  of  Appeals." 
which,  under  Art.  4.  Section  18.  of  the  Constitution,  "have  the  force 
of  Law.""  &c.  The  -ZOth.  Rule  of  the  Court  of  Appeals,  which  Rule?  are 
published  in  'iSith  Maryland  Reports,  is  as  follows:  "The  preceding 
rules  shall  not  be  taken  or  construed  to  repeal  any  existing  provision 
of  Law,  except  where  they  may  be  plainly  in  confiict  therewith."] 

How  Appeals  may  be  Taken — Aj^peals  under  the  Insolvent 
Laws — Appeals  from  Courts  of  Equity — Provisions  Re- 
lating to  Appeals  from  Courts  of  Law  or  Equity — Ap- 
peals from  Orjjhans'  Courts — Appeals  from  Courts  in 
Banc — Appeals  in  cases  of  Grading  or  Paving  Streets  in 
Baltimore  City — Abatement 96,  105 


XVl  SUMMARY    OF   CONTENTS. 

Page. 
THE    CIRCUIT    COURTS. 

[See  Index  to  Constitution.] 
Eiijlit  Judicial  Circuits — A  Court  in  each  County — Jurisdic- 
tion— Chief  Judge  and  two  Associate  Judges — Residence 
— Terms  of  Court — Points  Reserved  to  be  lieard  in  Banc- 
Decisions  to  be  made  in  two  Months — Salaries  not  to  be 
Diminished — Clerks — Removal — Vacancy — Deputy  Clerks,  106,  108 


THE    COURTS    AND    JUDGES. 
[Cons.  Art.  XV.     See  Index.] 
Continuance  of  the  Courts  until  Superseded — The  Jury  the 
Judges  of  the  Law  and  Fact — Right  of  Trial  by  Jury — 
Term  of  Office  of  Judges 108 


THE  CLERKS  OF  THE  CIRCUIT  COURTS. 

Duties  of  Clerks  under  the  Constitution. 
[See  Index  to  Constitution.] 

Duties  of  Clerics  under  the  General  Laws. 

To  have  Custody  of  Books  and  Papers — To  attend  Office 
every  day  except  Sunday — Not  to  Deliver  any  Blank  Writ 
— To  Dispose  of  all  Books  sent  him  according  to  Law — 
Executions  and  Attachments — To  make  Returns  to  Comp- 
troller— Payment  of  Public  Money- — Clerks'  Commissions — 
Clerks'  Comi^ensation — To  make  Semi-Annual  Statements 
of  Fees — False  Swearing — Official  Bond — Assistant  Clerks 
and  their  Compensation^May  enter  Judgment  and 
Decrees  Satisfied — May  enter  Judgments  upon  Dockets  of 
Justices  in  their  Custody — To  Keep  Books  for  Docket 
Entries — Entries  of  Executions— ^Penalty — Judgments  or 
Decrees  Recorded — To  give  Certified  Copies  of  Papers — 
To  Enter  Ap])eals  to  Court  of  Appeals — May  approve  Ap- 
peal Bonds — May  take  Supersedeas — Concurrent  Jurisdic- 
tion— May  Pass  Orders  Nisi — May  Issue  Commissions  to 
take  testimony — Guardian  assigned  Infant  Defendant—May 
Issue  Orders  of  Publication— No  Fees  until  Bond  is  given — 
Accounts  to  be  kept  in  Legible  Hand — Costs  of  Suit — 
To  Endorse  on  Bonds  to  whose  Use — Sheriff's  Oath — 
Law^s  and  Public  Documents — Dockets  of  Justices  of  the 
Peace — Registers,  &c.  of  a  Notary  Public  to  be  Filed — 
To  give  Bond  in  $14,000— Bond  Renewed  every  second 
Year— To  Execute  Bond  under  Penalty  of  $1,000— Duties 
in  absence  of  Judge — May  Enter  Judgments  by  Consent — 
To  Deliver  Civil  Commissions — To  Report  to  Secretary  of 
State  once  a  montli  all  Officers  who  have  Qualified — Tf> 
give  Certificates  of  Qualification — To  Record  all  Instru- 
ments of  Writing — To  make  Alphabetical  Indexes — To 
Certify  Time  of  Record — Record  Books — Deeds  to  be  En- 
dorsed when  received — To  Apply  for  Blank  Licenses — To 
Grant  Licenses  to  Applicants — To  make  Semi-Annual  Re- 
turns to  Comptroller— Fine  of  $1,000  for  Failure— Official 


8DMMARY   OF   CONTENTS.  XVll 

Paqb. 

Bond  to  be  Sued  for  neglect — Tn  make  Returns  of  Licenses 
to  Granfl  Jurj' — To  Transfer  Traders'  Licenses  when  the 

Stock  is  Sold— Not  to  Practice  Law 118, 128 

Fees  of  Clerks 128,  129 

Removal  of  Causes 130,  632 


THE  JUDGES  OF  :MARYLAND. 
From  the  Revolution  to  the  Present  day. 

The  Courts  and  Judgca  of  Maryland,  in  1777 — The  Judges  of 

Maryland,  from  1778  to  1S06." 131,  136 

The  Chancellors  of  Maryland  from  1777  to  1854 132,  133 

The  Attorneys  General  of  Maryland,  from  1777  to  1873 133 

The  County  Courts  and  District  Justices,  from  1791  to  1801,  134 

The  Courts  of  Over  and  Terminer  fur  Baltimore  County  and 

City,  from  1791  to  1833 135,  136 

Jud<;es  of  the  Court  of  Apjjcals  and  the  County  Courts,  from 

1806  to  1851 136, 140 

The  Judges  of  the  Court  of  Appeals  and  Circuit  Courts,  from 

1851  to  1864 149,143 

The  Judges  of  the  Courts  of  Appeals  and  Circuit  Courts,  from 

1864  to  1867 142, 144 

The  Judges  of  the  Court  of  Appeals  and  Circuit  Judges,  from 

November  1867  to  date 144,145 

See  also  pages 472,  475 

Terms  of  all  the  Courts 472, 475 


THE   ORPHANS'   COURTS. 
Provisions  of  the  Constitution  Relating  to  Orphans^  Courts. 

[See  Index.] 


TJi^  General  Laics  Relating  to  Orphans''  Courts. 
Governor  Designates  the  Chief  Judge — The  Judges'    Per 
Diem — Terms  of  Court — Recess,  &c. — Jurisdiction — Pow- 
ers of  the  Court — To  Keep  a  Seal — May  Inquire  into  the 
conduct  of  Guardians — May  Summon  Witnesses — May  com- 
mit Refractory  Witnesses — May  Issue  Attachment  after  two< 
Summonses — May    Deliver  Property  to  Heirs,  &c. — May 
Order  Money  to  be  Invested — May  Inquire  into  Property- 
Concealed — May  Cause  Issues  to  be  sent  to   the   Circuit 
Court,  «fec. — May  Compel  the  Rendition  of  an  Account — 
May  Compel  Delivery  of  Property  to  new  Administrator — 
May  appoint  new  Trustee  in  case  of  Death — New  Execu- 
tor made  Party  to  all    Suits   Pending — Scire   Facias   to 
Issue — May  Direct  Plenary  Proceedings — May  give  Judg- 
ment or  Decree  in  certain  cases — To  Exercise  no  Jurisdic- 
tion not  Expressly  Conferred — Letters  of  Administration — 
Concurrent  Jurisdiction — Trustee's  Sale  and  Ratification 
— Guardian  and  Ward — Sales  and  Investments — Masters 
and  Apprentices 147,  154 

lA 


XVlll  SUMMARY   OF   CONTENTS. 

Pagb. 

THE  REGISTERS  OF  WILLS. 

[See  Index.] 

Provisions  of  the  Constitution  Relating  to  Registers  of  Wills,  154 

Compensation  of  Registers — Tie  Votes 155 

Provisions  of  the  General  Laws  ReJating'to  liegisters  of  Wills. 

Registers'  Bond — Penalty  for  Default — Copy  of  Bond  to  be 
sent  to  Governor — Duties  of  the  Register — Duties  in  the 
Recess — May  take  Probate  of  Accounts — May  Pass  Claims, 
&c. — May  take  Probate  of  Accounts  during  Recess — Pen- 
alty for  accepting  Gifts  or  Rewards — To  act  as  Auditor 
under  Penalty  in  certain  cases — Registers'  Compensation — 
To  make  Semi-Annual  Reports  of  Fees — False  Swearing — 
To  give  Bond  for  excess  of  Emoluments— Comptroller  to  Fix 
the  Pay  and  Number  of  Assistant  Clerks — Entry  of  Claims 
against  Decedents — To  receive  Ambulatory  Wilis  for 
safe  keeping — Registers  to  account  with  and  Pay  to 
Treasurer  all  sums  received  under  Article  81 155,  158 

Fees  of  Registers  of  Wills 158,  161 


THE  JUSTICES  OF  THE  PEACE  AND  CONSTABLES. 

Provisions  of  the   Constitution   Relating   to  Jtistices  of 

the  Peace  and  Constables. 

[See  Index.] 

Governor  to  appoint  Justices  of  the  Peace — County  Com- 
missioners and  Mayor  and  City  Council  to  appoint  Consta- 
bles— Removal — Term — Jurisdiction — Vacancies 161 


DUTIES  OF  JUSTICES  OF  THE  PEACE  UNDER 
THE  GENERAL  LAWS. 

Justices  of  the  Peace  shall    Qualify  within  Thirty   Days — 
Fine  for  Acting  before  taking  Oath — Not  to  accept  any 

United  States  Office .• 

[Sec.  4  of  Article  51  is  in  part  superseded  by  the  New  Constitntion.] 
Justices  may  Hear  and  Determine  cases — To  keep  a  Docket, 
&c. — Justices  responsible  for  Omissions  in  Docket — To 
keep  Index  to  Docket — Delivery  of  Docket  on  Resigna- 
tion, &c.,to  Clerk  of  Court — In  case  of  Death,  Administra- 
tor responsible  for  Docket — Clerks  to  keep  Dockets  as  other 
Records — Justices  may  Issue  Process  on  Copy  of  another 
Justice's  Docket^ — Civil  Jurisdiction — No  Jurisdiction  in 
certain  cases — Actions  of  Replevin — Concurrent  Jurisdic- 
tion of  Circuit  Courts  for  the  Counties  in  certain  cases — 
Process  in  Civil  cases — May  Fix  a  Day  when  Defendant 
Fails  to  Appear — Case  to  be  Tried  if  one  of  several  De- 
fendants Appear — Postponement  of  Trial — Case  may  be 
tried  Ex  Parte — No  Special  Pleading — Shall  enter  Judg- 
ment within  Three  Days — Judgments  to  carry  Interest — 
Both  Parties  consenting,  any  Justice  may  Render  Judg- 
ment— May  enter  Judgment  Confessed  without  a  Sum- 
mons— Judgment  in  favor  of  Defendant  of  Equal  Effect  as 
for  Plaintiff — Jurisdiction  extends  to  Administrators — No 


SUMMARY   OF  CONTENTS.  XIX 

Page. 
Jurisdiction  where  Titles  to  Lands  are  at  Issue — Judgment 
Kevivd  by  Scire  Facias — Justice  to  require  Bond  before 
Issuing  Replevin — VV^hen  the  Case  may  be  Tried  Ex  Parte 
— Attachment  against  Absconding  Debtors — When  Re- 
turnable— If  Garnishee  does  not  show  cause  the  Justice 
may  condemn  the  Property — Bond  to  be  given  on  Attach- 
ments before  Execution — Rights  of  Garnishees — Super- 
sedeas and  Execution — Execution  may  be  Superseded 
within  two  Months — Administrators  may  Supersede  Judg- 
ments— Defendant  may  Confess  Judgment  with  Stay  of 
Execution — Security  shall  Sign  his  Name — When  a  Con- 
stable is  not  to  Proceed  on  Execution — Securities  Dis- 
charged after  Four  Years — When  Supersedeas  is  a  Lien 
upon  Lands — Attachment  by  way  of  Execution — Execu- 
tion on  Judgment — Execution  upon  Property  Claimed  by 
another  Person — Justices  may  Issue  Attachments  in  cer- 
tain cases — Attachment  of  Wages — Judgment  against 
Garnishee — Attachments  on  Original  Process — Ap])cais 
from  Justices  of  the  Peace — Party  Aggrieved  may  A])pcal 
within  Sixty  Days — Justice  to  enter  Appeal  and  Transmit 
the  Papers  to  the  Court  of  Appeals  to  stand  for  Trial  at 
First  Term — Appeal  Bond  necessary  to  Stay  Execution — 
For  Violations  of  Law  or  Ordinance,  Party  may  be  Com- 
mitted for  Thirty  Days,  or  until  Penalty  is  paid 1 01,  174 

Fees  of  Justices  of  the  Peace 175 


CONSTABLES. 

[For  Constitutional  provisions  relating  to  Constables,  see  Justices  of  tlie 
Peace,  page  101.] 

The  General  Laws  Relating  to  Constables. 

Constables  to  Qualify  within  thirty  Days — Bond 17(3 

[Section  3  of  Article  53  is  In  part  superseded  by  the  New  Constitution.] 
To  execute  Process  from  Justices  of  the  Peace  and  Return 
the  same  under  Penalty — To  Levy  Executions  same  as 
Sherift' — Not  Compelled  to  Serve  Process  beyond  his 
District  or  Ward — Constables  to  have  Remedy  against 
Defendant  where  he  has  satisfied  the  Plaintiff — To  give 
Receijits  for  Claims  given  him  for  Collection — May  sell 
Property  under  Execution,  and  Execute  a  Deed  for  the 
same — Proceedings  in  case  of  the  Death  of  a  Constable — 
Suits  on  Constable's  Bond — Any  Justice  may  Issue  against 
a  Constable,  who  is  not  allowed  a  Supersedeas — 
Constables  sworn  to  the  Grand  Jury — To  visit  Gaming 
Tables  and  Report  them — To  require  certain  Persons  to 
Produce  License — To  Inspect  Retailers'  Measures — To  de- 
liver Committed  Persons  to  Jail — Fees  of  Constables 17(3,  1S2 


THE    SHERIFFS. 

[For  Provisions  of  the  Constitution  relating  to  Sheriffs,  see  Index  to 
Constitution.] 

Election — Qualification — Term  of  Office — Bond — Vacancy — 
To  give  notice  of  Elections 182 


XX  8UMMAKT   OF   CONTENTS. 

Paob. 

Tlie  General  Laws  Relating  to  Sheriffs. 

To  take  Oath  witliin  thirty  Days— To  give  Bond  in  $25,000 
once  each  Year — On  Failure,  the  Governor  to  appoint  a 
Successor — Special  Oath  relating  to  Jurors — Serving  Writs 
and  Process — May  Re-arrest  any  Person — May  take 
a  Bail  Bond — Upon  Failure  to  Produce  the  Person  or 
return  Writ  of  Execution,  Sheriff  Amerced — When 
Sheriff  pays  Plaintiff,  he  may  Issue  Execution  in  his 
own  name — Writs  from  other  Counties— May  return 
Writs  by  Mail — Sheriff  Fined  for  neglecting  to  lie- 
turn  Process  from  another  County — Slieiiff's  Executor 
to  return  Process  in  case  of  Death — If  Sheriff  moves  out  of 
the  County,  &c. — If  Sheriff  Dies  without  Executing  a 
Deed — To  Execute  the  Sentence  of  Death — To  removi 
Persons  to  the  Penitentiary — Proceedings  on  Executions 
against  the  Stock  and  Transferable  Debts  of  Corjjora- 
tions — Summoning  Jurors — What  Officers'  Fees  to  Col- 
lect— When  Sheriff  may  Distrain  for  Fees — When  and 
how  Fees  are  Collectable — To  have  Custody  of  Prisoners 
and  to  Provide  for  them — To  receive  United  States  Pri- 
soners— Serving  Process — To  give  Notice  of  Elections — 
To  Summon  Jurors 182,  193 

Fees  of  Sheriffs 193,  194 


THE    ATTORNEY     GENERAL. 
Constitutional  Promsions  Relating  to  the  Attorney  General. 

[See  Index.] 

Election — Term  of  Office — Removal — Election  Returns  made 
to  Governor — Duty  to  Prosecute  Suits — Salary— Per- 
quisites not  allowed — Eligibility — Vacancies — To  be  No- 
tified of  State  Cases 195,  196 

Special    Duties   assigned   Attorney  General,  under  Acts   of 

Assembly 196 

List  of  Attorneys  General , 133 


THE    STATE'S    ATTORNEYS. 

Provisions  of  the  Constitution  Relating  to  State's  Attorneys. 

[See  Index.] 

Election  and  Term  of  Office — Returns  of  Election  made  to 
the  Judges — Fees — Deputy  for  Baltimore  city— Qualifica- 
tions— Vacancies  filled  by  Judges — To  Collect  Money  due 
the  State— Bond 197,  198 

The  General  Laws  Relating  to  State's  Attorneys. 

To  Prosecute  Criminal  cases  in  the  Court  of  Appeals — To 
order  Executions  for  Fines — May  Compromise  cases  of 
Assault  and  Battery,  &c. — To  aid  Comptroller  and  Trea- 
surer in  the  Adjustment  of  Accounts  of  certain  Officers — 
Additional  Compensation — Courts  may  appoint  Sj)ecial 
State's  Attorneys  temporarily — Attorney's  Claims  to  be 
settled  by  Comptroller— To  appear  in  certain  Cases  where 
there  are  no  Heirs — Assistant  Counsel — Pay  of  Assistant 


SUMMARY   OF   CONTEKTS.  XXI 

Page. 
Counsel — Pleadinsr  in  certain  State  cases — Attorney's 
Commission — May  order  Attacliments — May  Purchase 
Pr<)])erty  for  the  State — ilay  Sell  <>r  JA'ase  the  same — Ne- 
cessary Proof  ill  I.iqiior  cases — Removal  of  Criminal  cases 
— Extra    Compensation — Four   Peremptory    Challenges —  197,  201 

Fees  ol  Attorneys  at  Law 20;2 

Attorneys  in  Fact — ^Power  of  Attorney 202 


THE    TREASURY    DEPARTMENT. 

Provisions  of  t/te  Constitution  Relating  to  the  Comptroller  and 

7'reafiitrer. 
[See  Index.]  ■ 
Comptroller  Elected  by  the  People — Treasurer  Elected  by  the 
General     Assembly — Vacancies — Comptroller's     Duties — 
Treasurer's    Duties — When    they  Qualify — Power  of  Re- 
moval— Governor  may  Examine  said  Officers  under  Oath. .  203,  205 
Duties  of  tlie  Comptroller  under  the  General  Laws. 

Term  of  Office — Qualitication  and  Bond — Securities  to 
Qualify — Bond  Recorded — Governor  may  require  a  New 
Bond — Comptroller's  Office  and  Clerks — To  Report  An- 
nually to  the  Governor — Books  and  Papers  subject  to 
Inspection — Comj^troller's  Duties — To  Report  Claims 
against  the  State — When  and  how  to  Pay  Claims — Wlien 
to  bring  Suit — To  have  Blank  Licenses  Printed — How 
Stamped — To  have  Blank  Protests  Printed — Comptroller's 
Certiticate  of  Officers'  Defalcations — Defaulters  Imprisoned 
in  the  Penitentiary — Comptroller  to  Compromise  Old 
Claims — Sinking  Fund — Surplus  Funds — Certain  State 
Bank  Stocks — Assessment  t)f  Stock  of  Corporations — Com- 
pensation of  Clerks — State  Insurance  Conmiission — Insu- 
rance Department  Established — Duties  of  Insurance  Com- 
missioner    205, 212 

Duties  of  the  State  Treasurer  under  the  General  Laws. 

Oath  of  Office — Bond  and  Qualitication — Clerks'  Salaries — 
Sinking  Fund — To  Invest  Surplus  Moneys — Funded  Debts, 
how  Ciiarged — European  Interest — Sterling  Bonds  and 
Current  Money — To  Preserve  certain  Books,  Papers,  &c. — 
Du})licates  of  Lost  Bonds — State  Agent  to  Pay  Interest — 
His  Comjiensation  and  Bond — To  Burn  Paid  Coui)ons — 
Refunding  Money  Paid  State  in  Error — Tlie  Sinking 
Pund—To  set  apart  $100.0  )0  Yearly  to  said  Fund — How 
to  Dispose  of  Surplus  Money  in  the  Treasury 212,  218 

List  of  Comptrollers  and  Treasurers 218 

[Add  to  state  Treas'urcrs.  Barnes  Compton,  of  Charles  County,  Elect- 
ed for  two  years,  from  Fel)ruaiy,  1S74.] 


THE    STATE    LIBRARIAN. 

How  Appointed — Salary  and  Duties  under  the  Constitution,  219 

Duties  of  Librarian  binder  the  General  Laws. 
Oath  of  Office  and  Boml — Vacancy — What  Officers  are  allow- 
ed to  take  out  Books — To  Bind  and  Distribute  the  Laws 


XXH  SrrMMARY  OF  CO^"TENTS. 

Page. 
and  Public  Documents — How  Distributed — The  Maryland 
Reports — How    Distributed — The    Library    Committee — 
Tlieir   Duties — Vacancies    tilled   by   Court  of   Appeals — 
Stationery— Peabody  Institute 219,  222 


THE  COMMISSIOXER  OF  THE  LAND  OFFICE. 

Ihities  of  the  Commissioner  under  the  Constitution. 

Appointed  by  Governor — Duties  and  Salary — Fees  to  be  re- 
ported to  Governor — To  Collect  and  Classify  all  State  Pa- 
pers— To  Notify  the  Attorney  General  of  certain  Suits. . .  223 

Duties  of  the  Commissioner  of  the  Land  Office,  under  the 
Oeneral  Laws. 

His  Office  a  Court  of  Record — May  Summon  Witnesses — 
To  keep  a  Docket  of  Disputed  Cases — To  Record  all  Pa- 
pers Filed — To  Keep  a  Seal — To  Give  Bond — To  Account 
Semi-Annually  for  Receipts — To  Record  Certificates  and 
Issue  Patents — British  Confiscated  Lands — To  Advertise 
Applications  for  Patents — Objections  to  be  Filed  in  Writ- 
ing— To  Hear  the  Case  ex  parte  in  the  absence  of  Par- 
ties— To  Determine  Validity  of  Surveys — How  Vacant 
Land  may  be  taken  up — How  to  take  up  Escheated 
Lands — Warrants  of  Survey  and  Re-Survey — Escheat  War- 
rants— Certificates  of  Survey — When  a  person  is  entitled 
to  a  Patent — When  Caveats  to  be  Pleard — Governor  to 
Sign  Land  Patents — May  Regulate  the  Conduct  of  Survey- 
ors— Owners  of  Land  entitled  to  certain  Accretions,  and 
to  Improve  Water  Front — Riparian  Proprietors — Certified 
Copy  of  Patents,  Certificates,  &c.,  to  be  Evidence — Com- 
pensation    223,229 

The  Land  Office  Fees , 230 


THE      SURVEYORS. 
The  Proviiions  of  the  Constitution  Relating  to  Swneyors. 
Surveyor — Term  of  Office — Vacancy 231 

Ihities  of  Surveyors  Under  the  Oeneral  Laws. 

To  Execute  Warrants — To  keep  Records  of  Surveys  and  Re- 
Surveys — Books  Open  for  Inspection — May  Appoint  Depu- 
ties— Qualification  of  Chain  and  Pole  Carriers — Witnesses 
Summoned  may  be  Attached — Certificates  of  Survey — Ex- 
ecution of  Warrant* — Powers  and  Duties  of  a  Surveyor's 
Deputy — May  make  Corrections  after  Resignation — His 
Oath — Penalty  for  Neglect  and  Errors — Boundaries 231,  233 


THEWRECKMASTER. 

Provision  of  the  Constitution  Relating  to  the  Wreckmaster. 

When  Elected  by  the  Voters  of  Worcester  County — Duties, 
Compensation  and  Term  of  Office — Vacancies 234 


SUMMARY   OP   CONTENTS.  XXiii 

Page. 
Duties  of  the   Wreckmastei'  Under  the  Local  Laws  of 

Worcestei'  County. 

Wreckmaster's  Duties — May  Demand  Assistance — His  Per 
Diem — Pay  of  Assistants— To  Advertise  Goods  Saved — To 
Seil  Perishable  Goods — Persons  Molesting  him  to  be  Fined 
— May  Repel  certain  persons  by  Force — Penitentiary  Of- 
fences— Fraud  or  Willful  Neglect  Punished — Persons  Re- 
fusing Assistance  Fined— Wreckmaster's  Bond 234,  236 


PUBLIC    EDUCATION. 

Constitutional  Provisions  Relating  to  Public  Education. 

System  of  Free  Schools — School  Fund  to  be  kept  Inviolate.  237 

The  General  Laws  Relating  to  Pvhlic  Education. 

Supervision — State  Board  of  Education — County  School 
Commissioners — District  School  Trustees — Governor  to 
Appoint  State  Board  of  Education — Circuit^  Judges  to 
Appoint  County  School  Commissioners — District  School 
Trustees  Appointed  by  School  Commissioners — Duties  of 
tlie  State  Board  of  Education — Duties  of  the  County  School 
Commissioners — Duties  of  the  District  School  Trustees — 
School  Houses  and  Sites— Schools  to  be  kept  Ten  Months 
in  Each  year — Qualifications  of  Teachers — How  Appoint- 
ed— Text  Books — County  Examiner  to  Visit  Schools — 
Examination  of  Candidates  for  Teachers — State  Normal 
School — Located  in  Baltimore — Faculty — Course  of  Study 
— Board  of  Education  to  Report  to  Governor — Teachers' 
Institutes — Teachers'  Associations — District  Libraries — 
The  City  of  Baltimore  to  have  an  Independent  System  of 
Schools — Powers  of  the  Board  of  Commissioners  of  Balti- 
more City — High  Schools  in  the  Counties — High  School 
Commissioners — Schools  for  Colored  Children — TaxesPaid 
by  Colored  People  to  be  Appropriated  to  Colored  Schools 
— Sources  of  Income — State  Tax  Levied — How  Apportion- 
ed—Miscellaneous    237,  254,  636,  637,  638 


MILITIA  AND  MILITARY  AFFAIRS. 

Constitutional  Provisions  Relating  to  the  Militia. 

Organization  and    Equipment — Adjutant    General — Duties 

and  Compensation .255 

The  General  Laws  Relating  to  Militia. 
The  Militia  and  Exempts — Rules  and  Regulations — En- 
rollment and  Organization — Volunteer  Companies — How 
Formed — General  Staff  and  Aides-de-Camp  Appointed  by 
the  Governor — Duties  of  the  Adjutant  General — Field  Of- 
ficers Elected  l)y  Ballot — May  Rent  Armories — Members 
and  Honorary  Members  Exempt  from  Jury  Duty — Militia 
to  Aid  '\»  Suppressing  Riots — Annual  Appropriation 255,  262 


XXIV  SUMMARY   OP   CONTEHJTS. 


Page. 


BOAED  OF  PUBLIC   WORKS. 

Constitutional  Provisions  Relating  to  the  Board  of 
Public  Works. 

The  Governor,  Comptroller  and  Treasurer  to  Constitute  the 
Board  of  Public  Works — To  Supervise  the  Public  Works — 
To  Vote  the  Stock  of  the  State — To  Appoint  Directors — To 
Regulate  Tolls — To  Receive  no  Salary — Authorized  to  Sell 
or  Exchange  State's  Interest  in  certain  Corporations,  &c. — 
To  Sell  certain  Stocks  and  Bonds 263,  264 


NEW    COUNTIES. 

Promsions  of  the  Constitution  and  Laws  Relating  to 
New  Counties. 

Organizing  New  Counties  by  Law — Number  of  Square  Miles 
and  Inhabitants — Wicomico  County  formed  from  parts 
of  Somerset  and  Worcester  Counties — Division  of  Debts 
and  Obligations — Salisbury  the  County  Seat^ — Formation 
of  Wicomico  County — Wicomico,  Somerset  and  Worcester 
to  Elect  Two  Delegates  each — Wicomico  in  First  Judicial 
Circuit — Formation  of  Garrett  County  under  the  Constitu- 
tion and  Act  of  Assembly — Boundaries — To  Electa  Senator 
and  Two  Delegates — In  Fourth  Judicial  Circuit — The  Jury 
Law — Census- takers  Appointed 265,  270 


NOTARIES     PUBLIC. 

Provisions  of  the  Constitution  and  General  Laws  Relating 
to  Notaries  Public. 
Appointment  and  Qualifications — To  give  Bond  in  Thirty 
Days — To  Administer  Oaths — Notaries'  Powers — To  keep 
a  Register — Notarial  Seal — What  Acts  he  may  perform  out 
of  his  own  County — Protests  must  be  Stamped  by  Comp- 
troller— May  Acknowledge  Deeds  without  the  State  or  the 
United  States — Fees  of  Notaries  Public — Payments  to  State 
Treasurer — Amount  of  Bond  Given — Statements  of  Pro- 
tests and  Fees — Certain  Provisions  not  to  apply  to  Notaries 
in  the  Counties 271,  273 


AUDITORS     OF     COURTS. 

Provisions  of  the  Constitution  and  Laws  Relating  to  Auditors. 
To  be  Appointed  by  the  Judges  of  the  Courts  or  of  the  Su- 
preme liench — When  Special  Auditors  are  Appointed — 
Their  Duties  in  Chancery — Fees  of  Auditors — When  Ap- 
pointed by  Courts  of  Law 274 


GRAND  AND  PETIT  JURIES. 
Provisions  of  the  Constitution  Relating  to  Juries. 
Right  of  Trial  by  Jury — Right  to  a  Speedy  Trial — No  man  Im- 
prisoned but  \>Y  the  Judgment  of  his  Peers — Competency  of 
Jurors — No  Proj^erty  taken  without  the  Action  of  a  Jury — 
Parties  may  have  Cases  Tried  by  the  Court  without  a  Jujy 


SUMMARY   OP   CONTENTS.  XXV 

Page. 
— The  Jury  judges  of  the  Law  and  Fact — Right  of  Jury 
Trial  for  over  Five  Dollars 275 

The  General  Law  Relating  to  Juries. 

No  Juror  under  Twenty-Five  Years  of  Age- — Persons  over 
Seventy  Years,  and  certain  others,  Exempted  from  Jury 
Duty — No  Person  Summoned  to  two  successive  Courts — 
No  Property  Qualification — No  Person  Interested  to  be 
Summoned — Sheriff  to  Summon  Grand  and  Petit  Jurors — 
Jurors  Fined  $50  for  Neglect  to  Attend — Each  Party  to 
Strike  four  names  from  the  Panel — Right  of  Peremptory 
Challenge  in  Criminal  Cases — Pay  of  Jurors — Duties  of 
Grand  Jurors 376,  278 

Active  and  Honorary  Members  of  legally  organized  Military 

Companies  exempt  from  Jury  Duty 261 

The  Juries  for  the  Counties. 

Clerks  to  Commissioners  to  furnish  Clerks  of  Courts  with  a 
List  of  Taxables — Selecting  and  Drawing  Jurors — Judges 
to  Certify  to  the  Lists — Manner  of  Drawing — Baltimore 
County  Judges  to  keep  the  Key  of  the  Box 278,  281 


THE  JURORS  IN  BALTIMORE  CITY. 

Judges  of  the  Supreme  Bench  to  select  List  of  Names  for 
Jurors — City  Collector  to  file  a  List  of  Taxable  Males — 
Clerks  to  draw  the  Jurors — Sheriff  to  be  Present—  Penalty 
for  Frauds — Sheriff  to  Summon  Grand  Jurors — Order  in 
which  the  Juries  are  Drawn — Books  to  be  Certified  by 
Judges — Jurors  to  serve  Three  "Weeks — Summoning  Tales- 
men— Juror  Exempt  for  Two  Years  after  Service — Neglect- 
ful Officers — Jurors  in  Circuit  Court — Grand  Jury  to  Visit 
Jail — Pay  and  Mileage  of  Jurors — Clerks  of  Courts  to  fur- 
nish Names  of  Jurors  to  Register — Certificate  to  be  pre- 
sented to  Register  for  Payment — Wicomico  County  Jurors 
—Judges  to  Select  150  Names 282,  287 


WITNESSES. 

Constitutional  Provisions  Relating  to  Witnesses. 

Rights  of  every  man  in  a  Criminal  Prosecution — No  man 
required  to  give  Evidence  against  Himself — No  Person  In- 
competent on  account  of  Religious  Belief  &c. — No  Person 
Incompetent  on  account  of  Race  or  Color 288 

Provisions  of  the  General  Law  Relating  to  Witnesses. 
Competency  of  Witnesses — Evidence  of  Interest  or  Infamy — 
When  a  Party  may  be  made  a  Witness  by  his  Opponent — 
Parties  Incompetent  to  Testily — When  Testimony  may  be 
Rebutted— Provisions  not  Applicable  in  Cases  of  Adultery 
— Proof  of  Instruments  of  Writing — Witnesses  Fined  for 
Non  Attendance,  and  Liable  in  Damages  to  the  Party  Sum- 
moning hini^Pay  of  Witnesses  in  C^ircuit  and  Orjjhans' 
Courts — Pay  before  a  Justice  of  the  Peace — Witness  Sum- 
moned by  a  Surveyor — County  to  pay  Imi)risoument  Fees — 


XXVI  8UMMAUT   OF   CONTENTS. 


Page. 


Court  may  Order  no  Compensation  in  certain  Cases — Com- 
mL-sioncr  to  take  Testimony  out  of  tlie  Statt*  and  in  tlie 
State — Pay  of  Commissioners  and  Witnesses — Domestic 
Accounts — Proof  of  Delivery  or  Sale  of  Goods — Proof  of 
Accounts — Controveiting  Proof  of  Accounts — Complaints 
against  Civil  or  Military  Officers — Payment  to  Witnesses 
— Per  Diem  of  Witnesses — Witnesses  compelled  to  give 
Evidence — Penalty  f<^r  attempts  to  Influence  Jurors — Non 
Attendance  of  Witness  a  Contempt — May  be  Fined  for  Non 
Attendance 288.294 


THE     CORONERS. 

Coroners  appointed  by  the  Governor  under  the  Constitution 
— Duties  of  Coroners  under  the  General  and  Locill  Laws — 
To  give  Bond  in  $3000 — Jury  of  Inquest  held  only  where 
Death  by  Felony  is  probable — Physician  to  Examine  case 
and  Testify — Physician's  Fee — Coroner  to  Vje  allowed  for 
Coffin  and  Expenses — Coroner  to  act  in  Cases  where  the 
Sheriflf  is  Disqualified — Fees  of  Coroners — Fees  of  Jurors 
and  Constables — Four  Coroners  in  Raltimore  City — Salary 
and  Bond — Coroners  Assigned  to  Separate  Districts — Du- 
ties of  Coroner — To  make  Monthly  Reports  to  Police  Com- 
missioners     295,  297 


COMMISSIONERS  OF  THE  STATE  FISHERY  FORCE. 

Board  of  Commissioners — How  Constituted — All  Oyster  Ves- 
sels must  be  Licensed — Comptroller  to  Issue  Licenses  to  no 
one  not  a  Resident  of  the  State  for  Twelve  Months — Cost 
of  License — Violators  of  the  Act  Fined  or  Boat  Forfeited — 
Persons  using  Rakes  or  Tongs  to  obtain  License  from  the 
Circuit  Court — Time  of  Catching  Oysters — Rat-e  of  License 
— The  Number  of  all  Boats  to  be  Painted  outside — Penalty 
for  not  liaving  License — W^ho  can  make  Arrests — Justices 
to  Issue  Warrant — Unlawful  to  take  Oysters  in  certain 
named  Localities — Condemned  Vessels  to  be  Sold  at  Pub- 
lic Sale — Vessels  of  Non-Residents  Forfeited — Who  to 
make  Arrests — State  Vessels  to  be  in  Constant  Service — 
Officers'  Duties — Cases  of  Seizure  to  be  Tried  immediately 
— No  Oysters  to  be  taken  on  Sunday,  or  between  sunset  and 
sunrise — Felony  to  take  Bedded  Oysters — Number  of  Ves- 
sel to  be  Exhibited — The  Commanding  Officer's  Duties 
and  Bond — Salaries  of  the  Police  Force — Arms  and  Am- 
munition— Steamer  and  Vessels  to  be  kept  in  Repair 298,  309 


THE  STATE  VACCINE  AGENT. 

State  Vaccine  Agency  established  in  Baltimore — Governor 
to  ai)poiiit  Agent — His  Salary,  Bond  and  Duties — Who  are 
to  he  Vaccinated — All  School  Children  to  Ije  Vaccinated — 
Atrent  to  Reproduce  true  Vaccine  Virus — His  Term  of 
Office 309,  311 


SUMMARY   OF   CONTENTS.  XXVii 

Page. 
THE  STATE  POLICE  COMMISSIONERS  FOR 
BALTIMORE  CITY. 

rSiuce  till"  Inw  was  printed,  the  fir?t  section  (SOfOhas  been  amended  so  as 
divide  the  Police  (.  ommi>'>loncr:<  into  three  clauses,  and  there  were 
elecied.  Ftbru.iry  ad.  !«•;■) ;— Wui  II.  B.  Fussellbaugh.  for  six  years; 
iliirrv  (Ji'.mor,  fur  lour  vcars.  aud  VVra.  Milroy,  for  two  years,  irom 
M.-irch  l'<lh.  1875.  Hereaf  er,  one  Commissioner  is  to  be  elected,  at 
eveiy  session,  lor  six  years.] 

PowtTS  and  Duties  of  the  Board— Salary  of  the  Police 
Fdicc— One  .Justice  of  the  Peace  at  each  Station  House — 
Police  Tax— Vacancies— Board  may  close  Bar  Rooms- 
Fire  and  Alarm  Teleiiraph— Duties  of  the  Marshal— The 
Park  Police— Tlie  "^Mayor's  Responsibility— Carrying 
Deadly  Weapons : 311,320,639,678 

THE  EXECUTIVE  GENERAL  APPOINTMENTS. 

All  Civil  Officers  to  be  Nominated  to  the  Senate  within  Fifty 

Days  of  the  commencement  of  the  Session 321 

TOBACCO  INSPECTORS  AND  SUPERVISOR. 

Appointment  of  five  Inspectors  of  Tobacco  and  one  Super- 
visor of  Warehouses,  by  the  Governor — Their  Bond  $30,000 
each — Inspectors  not  to  engage  in  the  Sale  of  Tobacco — 
Clerks,  their  Salaries— Wages— Duties  of  the  Supervisor 
— Hours  of  Labor — Number  of  Breaks.  Samples,  &c. — Stay- 
ed Tobacco — Samples — Cooperage— Tobacco  to  remain 
Twelve  Months  without  Charge — Wharfage 321,326 


WEIGHERS   OF   GRAIN. 

Governor  to  appoint  one  Weigher  General  and  five  Assistant 
Weighers  of  Grain  in  Baltimore  City — Oath  of  Office — 
Bonds — Duty  of  the  Weigher  General — When  to  make  Re- 
turns-^Compeusation — Assistants  may  be  Appointed — 
Weighers  to  attend  to  the  Duties  in  Person 327, 331 

COMMISSIONERS  OF  PHARMACY  AND  PRACTICAL 

CHEMISTRY. 

Three  Commissioners  to  be  appointed  bienially,  by  the  Gov- 
ernor—Their Duties — Meaning  of  term  "Pharmacists" — 
$50  Fine  for  Violating  the  Act — All  Persons  Selling  Drugs 
to  Register  as  Pharmacists — Who  are  Competent 331,  333 


COMMISSIONERS  TO  TAKE  ACKNOWLEDGEMENTS 

OF  DEEDS. 

Governor  to  appoint  Commissioners  to  take  Acknowledge- 
ments of  Deeds,  &c.,  in  other  States,  &c. — To  hold  Office 
as  other  Civil  Officers — May  Administer  Oaths — Legal  ef- 
fect of  Acts,  &c. — Governor  to  appoint  Commissioners  in 
Foreign  Coimtries — Commissioners  tu  file  their  Oath  and 
Seal  in  the  Executive  Office— To  Pay  a  Tax  of  $10 333,  335 


XXVlll  SUMMARY   OF   CONTENTS, 

TaoE. 

THE  STATE  WHARFINGERS. 
Governor  to  appoint  one  or  more  State  Wliartingers — Bond — 
To  Collect  Wharfage  in  Baltimore  City — Tlieir  Powers  and 
Duties — Wood  Inspector  to  Report  to  State  Wliartinger — 
Pratt  Street  a  Public  Wharf— \V  liartiuger  may  Rent  certain 
Wharf  Fronts,  &c 335,  337 

THE  WEIGHMASTER  OF  LIVE  STOCK. 
Governor  to  appoint  Weighmaster  of  Live  Stock — His  Bond 
— What  Stock  to  be  Weighed — Charges  for  Weighing — 
His  Duties — May  Appoint  Clerks — Salaries — Police  Com- 
missioners have  authority  over  and  within  the  Premises, 
&c 337,  341 

THE  INSPECTORS  OF  STEAM  BOILERS. 
Governor  to  appoint  Two  laspectors  of  Steam  Boilers  in 
Baltimore  City — Oath — Bond — To  Inspect  Boilers  once  a 
Year — To  Examine  Boilers  once  in  Three  Months — To  Ex- 
amine Engineers  and  Assistants — Compensation — Salary — 
Boilers  Insured  Exempted  from  Inspection,  &c 341,  345 

THE  WEIGHERS  OF  HAY  AND  STRAW. 
Governor  to  appoint  Four  Inspectors  or  Weighers  of  Hay  and 
Straw — Bond — All  Hay  and  Straw  to  be  Weighed  at  State 
Scales — Inspectors'  Fees — May  Weigh  other  articles — In- 
spectors' Duties  and  Fees— Bond— May  Impound  Stock..    345,350 

THE  COUNTY  COMMISSIONERS. 

Provisions  of  the  Constitution  relating  to  County  Commis- 
sioners, (See  Index,) 851 

County  Commissioners  elected  by  t^ie  People— To  appoint 

Constables  in  their  respective  Counties 161 

Provisions  of  the  General  Laws  Relating  to  County 
Commissioners. 

Their  Corporate  Powers — Their  Number  in  each  County 
fixed  by  Local  Law— When  to  Levy  Tuxes— May  Open 
and  Close  Roads— May  Build  and  Repair  Bridges— Their 
Pay  and  Mileage— Proceetiings  in  the  Opening  and  Closing 
of  Public  Roads— Proceedings  in  the  Opening  of  Private 
Roads — Proceedings  in  relation  to  Building  and  Repairing 
Bridges— Every  Contract  must  be  in  Writing— Commis- 
sioners to  Impose  the  State  Taxes— Governor  to  appoint  a 
Tax  Board  to  Levy  Taxes  upon  their  Failure  to  Levy 
them,  &c 351,  361,639 


THE  COLLECTORS  OF  STATE  TAXES. 

County  Commissioners  to  appoint  Collectors  of  Taxes  in 
the  Counties,  and  the  Mayor  and  City  Council  in  Balti- 
more-Collectors' Bonds— Duties  of  Collectors— Proceed- 
dings  to  Collect  Taxes  in  Arrears— All  Taxes  to  be  Collected 
in  Three  Years — Collectors  to  Act  as  Assessors,  &c 362,  372 


SUMMARY   OF   CONTENTS.  XXIX 

Page. 
SUPERVISORS  OF  ROADS. 

Supervisors  of  Roads  appninted  hy  tlie  County  Commission- 
ers— Term  of  Office — CoinpL-nsation  fixed  by  the  Commis- 
sioners— Their  Duties— Presentment  for  Neglet:t  of  Duty,  372,  374 

TRUSTEES  OF  THE  POOR. 

Trustees  of  the  Poor  appointed  by  the  Countv  Commission- 
ers— They  may  Bind  out  Orphans  or  Poor  Children,  or  the 
Children  of  any  Pauper  or  Vagrant,  &c 375 

QUALIFICATION  OF  PUBLIC  OFFICERS. 
How  Public  Officers  may  Qualify  under  the  Constitution. . .  373 

How  Public  Officers  Qualify  Under  the  General  Laws. 
How  the  Governor  Qualities— Other  State  Officers— Members 
of  the  General  Assembly — Clerks  ol  Courts — Corjjorati-in 
Officers — All  other  Officers — Forms  of  Oath — Oath  of  At- 
torneys at  Law — Fees  of  Cleiks  iov  Administering  Oaths — 
Oath  "of  Deputies  and  Uuder-Clerks 376,  378 

TAX  ON  OFFICERS'  COMMISSIONS. 
Tax  to  be  paid  on  the  Commissions  of  Judges,  Sheriffs.  Clerks, 
Judges  ot  Orphans'  Courts,  Registers  of  AVills,  Notaries 
Public  and  other  Officers 378,  379 

FEES  OF  OFFICERS. 
How  Officers'  Fees  shall  be  made  out— Penalty  for  making 

False  Charges,  &c 3S0,  381 

PUBLIC  HOLIDAYS. 

Notes  Due  on  certain  days  Payable  to  Banks  on  the  pre- 
ceding Business  Days 381 

PROPERTY  EXEMPT  FROM  EXECUTION. 
When  $100  may  be  Exempted  from  Execution — What  Chat- 
tels are  Exempt,  &c 382 

THE  MAYORS  OF  BALTIMORE  CITY, 
From  1797  to  1874,  with  the  date  of  their  Term  (  f  Service. .  400 

THE  PUBLIC  OFFICERS  OF  BALTI.MORE  CITY. 

Under  the  Constitution,  the  Acts  of  Assembly  and 
Ordinances  of  the  City. 

The  Provisions  of  the  Constitution  Relating  to  Baltimore  City. 

[See  Index.] 

MAYOR  OF  BALTIMORE. 
When  Elected— Term  of  Office  Two  Years— Eligible  for  Re- 
election— Th'"  City  Council— Time   of  Election — Term  of 
Office — Qiiaijfications — M'-mbers  to  hoUl  no  other  Office — 
Contracts — No    Debt   created    without  Legislative    banc- 


XXX  SUMMARY   OF   CONTENTS. 

..               ,     ,  Page. 

tion  and  the  Vote  of  the  People— Tlie  General  Assem- 
bly may  change  any  of  the  Provisions  of  this  Article,  ex- 
cept one— Each  Legislative  District  to  have  one  Senator — 
And  as  many  Delegates  as  the  largest  County 401,  403 

THE  CHARTERED  POWERS  OF  BALTIMORE  CITY. 
Its  Corporate  Powers — Twenty  Wards — The  Mayor— Vacan- 
cy— Who  to  act  as  Mayor  when  ill — Mayor  to  see  Ordinan- 
ces executed — All  Ordinances  to  be  approved  by  the  May- 
or— Three-Fourths  of  both  Brandies  to  pass  Ordinances 
over  the  Mayor's  Veto— City  Council— Two  Branches— 
Qualifications  for  First  Branch — Qualifications  for  Second 
Branch — How  Vacancies  are  filled — Time  of  Meeting — 
Appointment  of  Officers— To  hold  at  pleasure  of  Mayor,  403,  407 

THE  POWERS  AND  DUTIES  OF  CITY  OFFICERS 
UNDER  THE  CITY  ORDINANCES. 
The  Mayor's  Salary— Pay  of  Mayor  Ex-Officio— The  Secre- 
tary to  the  Mayoralty— His  Duties  and  Salary— Clerk  to 
the  Mayor — His  Salary  and  Bond — Janitor — Night  Watch- 
man—Mayor's Detective— City  Councilmen— Fine  for  Ab- 
sence—Salary, $1000— Members  Ineligible  to  hold  any 
other  Office— Duty  of  Clerks  of  City  Council  in  relation  to 
Printing — City  divided  into  three  Legislative  Districts — 
City  Officers  appointed  Annually — Power  of  Removal  by 
Mayor — Officers  to  give  Bond — No  extra  Compensation 
after  Services  have  been  rendered — No  extra  Compensation 
allowed  Contractors — Eight  Hours  a  Legal  Day's  Work — 
City  Contracts— The  Records  of  the  City  and  Seal  to  be 
kept  by  the  Register— Comptroller  to  keep  Title  Deeds,  &c.,  407,  417 

THE   COURTS   OF  BALTIMORE    CITY. 
Constitution,  Article  IV,  Part  IV. 
[See  Index  to  Constitution.] 
The  Supreme  Bench— Jurisdiction  of  the   Superior   Court, 
Court  of  Common  Pleas,  City  Court.  Circuit  Court  and 
Criminal  Court — Judges  elected  for  Fifteen  Years — Salary 
— Assignment  of  Judges,  &c.— Supreme  Bench  to  make 
Rules— Right  of  Appeal— Decision  of  Judges,  in  Cases  of 
Appeal  from  Justices  of  the  Peace,  final— Clerks  of  Courts 
elected— Their  Term  of  Office  and  Salary— Clerk  of  Court 
of  Common  Pleas  to  issue  Licenses — Another  Court  Pro- 
vided for  in  the  Constitution 417,  421 

Provisions  of  the  Local  Laics  Relating  to  the  Courts  of 
Baltimore  City. 
Terms  of  Court^Return  Days— Writs— Trial  Term—  Writs 
Returnable  at  election  of  Plaintiff"- When  Execution  may 
Issue  on  Judgments  of  Courts— Judges  to  have  exclusive 
Jurisdiction  to  hear  certain  Motions — Terms  of  Circuit 
Court — The  Judge  may  have  a  Jury  Summoned  when 
desired— Night  Watchman— His  Duties  and  Salary— Terms 


SUMMARY   OF   CONTENTS.  XXXI 

Page. 
of  the  Criminal  Court — Its  Jurisdiction — Duty  of  Warden 
of  the  Jail — Clerk's  and  Sheritt'^s  Fees^No  Jury  on  Satur- 
day— When  Prosecutor  to  Pay  Costs — Children  of  Con- 
victs— Attachment  lor  Contempt — Fees  to  State's  Attorney 
in  Removed  Cases — Assistant  Counsel — The  Orphans' 
Court — Pay  of  Judges  and  Bailiff — Intestate  Mariners'  Es- 
tates— Retjister  of  Wills — His  Bond — Clerks  of  Courts — 
To  give  Bond — Salaries  of  Clerks — Court  Officers — Criers 
and  Bailiffs — Their  Salaries — Sheriff's  Pay  when  Attend- 
ing Court — To  Collect  Officers'  Fees,  &c. — Pay  of  Witness- 
es fifty  cents  per  day — Number  of  Justices  of  the  Peace  and 
Constables — Their  Duties — Office  Hours— May  receive 
Pay  when  called  from  Office — To  File  List  of  Fines  re- 
ceived, or  File  an  Affidavit  that  none  have  been  received 
for  Twelve  Months — Duty  as  to  Information  for  Violating 
Ordinances 421, 433 


Provisions  of  the  City  Ordinances  Relating  to 
Public  Officers. 

THE  COURT  HOUSE  OFFICERS. 
Superintendent  and  Watchman  of  Court  House — Janitor  of 
Orphans'  Court — Janitor  and  Watchman  of  Old  Masonic 
Hall 433,435 

THE  CITY  COUNSELLOR  AND  SOLICITOR. 
Appointed   by  the  Mayor — Their  Duties  and  Salaries— No 
extra   Counsel  employed  except  by  Resolution,  &c. — No 
Appeal  taken  without  Approbation  of  the  Mayor  and  Con- 
sent of  the  Solicitor,  &c 435,  437 


THE  CITY  COMPTROLLER. 
Appointed    biennially  by  the  Mayor,  &c. — His  Salary  and 

Bond — His  Duties — His  Clerks  and  their  Salaries 437,  440 


THE  CITY  REGISTER. 

Register  biennially  appointed  by  the  Mayor,  &c. — His  Bond 
— He  may  appoint  a  Deputy  Register  to  collect  Rents  of 
City  Property,  and  officiate  in  absence  of  the  Register — 
Duties  of  tiie  Register — Fees — To  have  charge  ol"  all  Re- 
cords, &c.,  of  the  City  Council — To  make  all  Payments  upon 
Checks  endorsed  by  the  Comyjtroller,  &c. — Office  Hours — 
Compensation  of  Clerks — Sahiries  of  Register  and  Deputy,  441,  443 

THE  APPEAL  TAX  COURT. 
The  General  Laws  Relating  to  the  Appeal  Tax  Court — The 
City  Ordinances  relating  to  the  Appeal  Tax  Court — Mayor, 
&c.,  appoints  Three  Judges  of  the  Appeal  Tax  Court 
annually,  in  February — Also  a  Clerk  of  the  Appeal  Tax 
Court— Also  a  Clerk  and  Assessor — And  (me  Assessor — 
Their  Salaries  and  Bonds — Duties  of  the  Appeal  Tax 
Court — Duties  of  the  Assessors 443,  446 


XXXll  SUMMAUY    OF    CONTENTS. 

Page. 
THE  COLLECTOR  OF  STATE  AND  CITY  TAXES. 

The  Laws  relating  to  the  a])p(>intinent  of  tlie  Collector  of 
State  Taxes — The  City  Ordinances  relating  to  the  Collector 
of  State  and  City  Taxes — His  Duties,  Bond  and  Compen- 
sation— The  Collector's  Appointments  of  a  Deputy  and 
Clerks — Their  Salaries 444,  447 


OTHER  CITY  OFFICERS. 

[The  following  City  Officers  have  their  Duties,  Salaries,  &c. 
prescribed  by  various  City  Ordinances,  of  which  abstracts 
are  given.] 

The  Board  of  Commissioners  of  Finance 448 

The  Fire  Department 448 

The  Fire  Inspector 448 

The  Superintendent  of  Police  and  Fire  Alarm  Telegraph,  &c.  44H 

The  Water  Department 449 

Health  Department 449 

Superintendent  of  Streets 449 

Resident  Physician  of  the- Marine  Hospital 450 

The  Vaccine  Physicians 450 

The  City  Commissioner  and  Assistant 450 

The  Port  Warden 451 

Commissioners  for  Opening  Streets 451 

The  City  Surveyor 451 

Visitors  and  Officers  of  the  Jail 452 

Superintendents  of  Chimney  Sweepers 452 

The  Harbor  Masters 452 

Superintendents  of  Lamps  and  Lamplighters 452,  453 

Clerks  of  Markets , 453 

Ward  Managers  of  the  Poor 453 

Keepers  of  Springs,  Squares,  &c 454 

Commissioners  of  Squares,  &c 454 

The  Trustees  of  the  Poor — Bavview  Asylum 454 

Trustees  of  the  ^IcDonogh  Educational  Fund  and  Institute,  454 

The  Park  Conimissoners 455 

Keepers  of  Weights  and  Measures 455 

The  Jones  Falls  Commissioners 455 

The  Commissioners  of  Public  Schools,  &c 455 

Commissioners  for  Imjiroving  the  Harbor 456 

The  Fire  Inspector 456 

The  Insi)t'ctor  of  Public  Buildings 456 

Building  Committee  of  the  New  City  Hall 456 

Coal,  Wood  and  Ice 457 

Inspector  of  Illuminating  Gas 457 

Inspectors  of  Weights  and  Measures 457 

Measurers  of  Charcoal 457 

The  Inspector  of  Gas  Meters 457 

Judges  of  Election  and  Clerks 458 

The  Auctioneers  of  Baltimore  City 458 

The  Judges  of  the  Supreme  Bench — Annual  Appropriation,  458 


T 


SUMMARY   OF   CONTENTS.  XXxiii 

Page. 
THE  LOCAL  LAWS  RELATING  TO  COUNTY 

OFFICERS. 

Local  Laws  op  Allegany  County 459 

Local  Laws  of  Anne  Arundkl  County 459,460 

Local  Laws  op  Baltimore  County 460,  461 

Local  Laws  op  Calvert   County 461 

Local  Laws  op  Carroll   County • 461,  462 

Local  Laws  op  Caroline  County 462 

Local  Laws  op  Cecil  County 462 

Local  Laws  op  Charles  County .* 462,  463 

Local  Laws  op  Dorchester  County 463 

Local  Laws  op  Frederick  County 463 

Local  Laws  op  Garrett  County 463 

Local  Laws  op  Harpord  County 464 

Local  Laws  op  Howard  County 464 

Local  Laws  op  Kent  County 464,  465 

Local  Laws  op  Montgomery  County 465 

Local  Laws  op  Prince  George's   County 465 

Local  Laws  op  Queen  Anne's  County 466 

Local  Laws  op  St.  Mary's   County 466 

Local  Laws  op  Somerset  County 466 

Local  Laws  op  Talbot  County 466,  467 

Local  Laws  op  Washington  County 467 

Local  Laws  op  Wicomico   County 467 

Local  Laws  op  Worcester  County 467 


JUSTICES  OF  THE  PEACE  AND  CONSTABLES 
IN  THE  STATE. 

Table  exhibiting  the  Number  of  Justices  of  the  Peace  in 
Baltimore  City  and  each  Election  District  of  the  Counties, 
with  references  to  the  Acts  of  Assembly  under  which  they 
are  resijectively  ai^jjointed 468 

THE  PUBLIC  OFFICERS  OF  MARYLAND, 

their   names    AiND   RESIDENCES. 

The  Governor — Secretary  of  State 4G9 

The  Governor's  Military  Staft' 409 

The  General  Assembly  of  Maryland,  for  1874 470,  471 

The  Judges  of  the  Court  of  Appeals 472 

The  Judges  of  the  Circuit  Courts  and  Courts  of  Baltimore 

City,  (with  the  Terms  of  all  the  Courts,) 472,  474 

The   State   Comptroller   and  Treasurer.     [Barnes   Compton 

Elected  to  succeed  John  W.  Davis.] : 475 

The  State  Librarian  and  Commissioner  of  the  Land  Office.. .  475 

iB 


XXXIV  SUMMARY   OP   CONTENTS. 

Page. 

THE  EXECUTIVE  GENERAL  APPOINTMENTS.        475,  476 


NAMES  OF  THE  COUNTY  OFFICERS  IN  EACH 

COUNTY. 

Allegany  County  Officers 477 

Anne  Arundel  County  Officers 477,  478 

Baltimore  County  Officers 478, 480 

Calvert  County  Officers 480 

Caroline  Countv  Officers 480, 481 

Carroll  Countv'Officers 481 

Cecil  County  Officers 481, 482 

Charles  County  Officers 482 

Dorchester  County  Officers 483 

Frederick  County  Officers 483, 484 

Garrett  County  Officers .'. . .  484,  4S5 

Harford  County  Officers 485 

Howard  County  Officers 485,  486 

Kent  County  Officers 486 

Montgomery  County  Officers 486, 487 

Prince  George's  County  Officers 487 

Queen  Anne's  Counts  Officers 487,  488 

St.  Mary's  County  Officers ' 488 

Somerset  Countv  Officers 48ft 

Talbot  County  Officers  489,490 

Washington  County  Officers 490 

Wicomico  County  Officers 491 

Worcester  County  Officers 491,  492 


REGISTRATION  OF  BIRTHS,  DEATHS  AND 
MARRIAGES. 

The  Clerks  of  the  Circuit  Courts  in  the  Counties,  and  the 
Clerks  of  the  Court  of  Common  Pleas  in  Baltimore  City, 
required  to  Register  Births,  Marriages  and  Deaths 492,  494 


NAMES  OF  THE  BALTIMORE  CITY  OFFICERS. 

[The  follovFing  are  the  Officers  in  Baltimore  City,  under  the 
State  Government.] 

The  Judges  of  the  Supreme  Bench,  the  Clerks  and  other  Offi- 
cers of  the  Superior  Court.  Court  of  Common  Pleas,  Circuit 
Court,   City  Court,  Criminal  Court,  Orphans'  Court  and 

Register  of  Wills 495,  497 

State  Police  Commissioners  and  their  leading  Officers 497 

Justices  of  the  Peace 497,  498 

Officers  of  Registration,  Coroners,  Notaries  Public,  Commis- 
sioners to  prevent  Incompetent  Persons  from  acting  as 

Druggists 498 

Auctioneers — Officers  of  the  Maryland  Penitentiary 499,  500 

Commissioned  Officers  of  the  Fifth  Regiment 500 


SUMMARY   OF   CONTENTS.  XXXV 

Page. 

NAMES  OF  THE  OFFICERS  OF  BALTIMORE  CITY 
UNDER  THE  MUNICIPAL  GOVERNMENT. 

The  Mayor  of  Baltimore — Clerk  to  the  Mayor — City  Coun- 
sellor and  City  Solicitor 501 

The  Members  of  tlie  City  Council  and  its  Officers 501, 502,  052 

The  City  Comptroller  and  Clerks — City  Register  and  Clerks 
— City  Collector  and  Clerks — Conmiissioners  of  Finance — 

Judges  of  Appeal  Tax  Court  and  their  Clerks 502 

City  Commissioner  and  Assistant — Commissioners  for  Open- 
ing Streets — Superintendent  of  Streets 502 

Board  of  Commissioners  of  the  Water  Deisartment  and  its 

Officers 503 

Commissioners  of  Health  and  Assistant — Physician  to  Marine 

Hospital — Secretary  and  Clerks — Sanitary  Inspectors 503 

Vaccine  Physicians 503 

Commissioners  of  Public  Schools  and  Officers 503 

Visitors  to  the  Jail— Its  Officers : 503,  504 

Park   Commissioners — Commissioners  for  the  Improvement 

of  Jones  Falls 504 

Trustees  of  Almshouse  and  Officers,  &c.,  at  Bay  view  Asylum,  504 

\Vard  Managers  of  the  Poor 504 

Superintendents  of  Chimney  Sweeps • 504 

Comiaiissioners  for  Improving  the  Harbor — Port  Warden — 
Commissioners  of  tlie  Patapsco   Improvement    Board — 

Harbor  Masters 505 

Inspectors  of  Weights  and  Measures — Long  and  Dry  Meas- 
ures— Illuminating  Gas — Gas  Meters — Charcoal — Measur- 
ing of  Carts — Commissioners  of  the  various  City  Squares,  505 
Insjiector  of  Public  Buildings — Superintendent  of  Court 
House,  Record  Office  and  Grounds — Watchman  at  Court 
House,  Janitor  and  Messenger  at  City  Hall — Day  and 
Night  Watchman  at  City  Hall — Janitor  and  Watchman  of 

Old  Masonic  Hall  Building 505,  50G 

Building  Committee  of  New  City  Hall — Clerks — Architect — 

Sn2)erintendent 506 

Clerks  of  Markets— Keepers  of  Squares,  &c 50(i 

Lamplighters  for  the  four  Districts 506, 507 

Magistrates  of  the  Police  Stations .,. . .  507 

Constables  for  tlic  City 498 

Reviewers  of  Flf)ur,  &c 507 

City  Directors  in  the  various  Railroads 507 

City  Directors  in  Maryland  Industrial  School — City  Man- 
agers of  House  oj  Refuge — City  Managers  in  the  House  of 
Reformation  for  Colored  Children — Agent  for  the  Maryland 
Deaf  and    Dumb    Institute — Trustees  of  the    McDonogh 

Educational  Fund .' 503 

Fire  Commissioners  and  Officers — Secretary  and  Clerk — 
Chief  Engineer  and  Assistant — Fire  Inspector — Superinten- 
dent of  Police  and  Fire  Alarm  Telegraph — Telegraph 
Operators  and  Assistants,  and  names  of  all  the  Firemen. .   508,  509 


XXXVi  SUMMARY   OF   CONTENTS. 

Page. 
NAMES  OF  THE  UNITED  STATES  OFFICERS 
IN  MARYLAND 

Maryland  Senators,  [Senator  Elect,  Wm.  Pinkney  Whyte]. .  510 

Maryland  Rejiresenatives  in  the  Forty-third  Congress — The 
Baltimore  Custom  House  Officers  and  Clerks — Naval 
Officers  and  Clerks — Surveyor's  Officers  and  Clerks — In- 
spectors— Night  Inspectors — Watchmen — Superintendent 
of  Public  Stores — Storekeepers  and  Clerks,  &c 510,  513 

Officers  and  Clerks  of  the  Api^raiser's  Office — And  the  name 
and  Compensation  of  every  person  employed  in  connection 
with  the  Custom  House 510,  514 

Light  House  Keepers ._- 514 

Navy  and  Treasury  Dej^artment  Officers — United  States  Pen- 
sion Agent — Steamboat  Insepectors 514 

The  Postmaster  of  Baltimore  City,  and  all  Officers,  Clerks, 
&c.,  connected  with  the  Post  Office — Letter  Carriers'  De- 
partment   515 

United  States  Internal  Revenue  Officers  in  the  Four  Collec- 
tion Districts  of  Maryland,  and  their  Compensation 516 


THE  UNITED  STATES  COURTS  IN  MARYLAND. 

Jurisdiction  of  the  U.  S.  Circuit  and  the  U.  S.  District  Courts — 
Names  of  the  Judges — U.  S.  District  Attorney— Assistant 
District  Attorney — Clerks — United  States  Marshal  and 
Clerks 517,  519 

United  States  Commissioners  in  Maryland,  and  their  Fees. . .   519, 520 

Commissioners  of  the  Court  of  Claims — Registers  in  Bank- 
ruptcy   520 

The  Centennial  Board  of  Finance  of  the  International  Exhibi- 
tion has  been  superseded  by  the  election  of  a  Board  of 
Directors 520 


CHANGES  IN  OFFICERS. 
See  Pages  521  to  524,  and  652,  653,  657  and  658  for  changes  in  the 

Officers  of  Baltimore  City,  and  Officers  of  the  United  States. 
For  changes  in  County  Officers,  see  Page  650. 


THE  "POLITICIANS'  REGISTER." 

[Separately  paged  and  indexed.] 

THE  ELECTIVE  FRANCHISE. 
[Constitution,  Art.  1,  see  jDage  23.     See  also  Index  to  Const.] 


[Summary  of  Contents.] 


REGISTRATION  OF  VOTERS. 


Page. 


Governor  to  Appoint  Officers  of  Registration — Oath  of  Office 
— Books  to  be  delivered  them  by  Clerks  of  Courts — Regis- 
tration Officers  may  demand  Books,  ttc. — Days  apjjointed 
to  discharge  Duties — To  Register  Qunlified  Voters — To 
Strike  from  the  List  Disqualified  Voters — Registers  to  make 
Inquiry — To  Record  Name,  Administer  Oath,  &c. — To 
make  two  Alphabetical  Lists  of  Voters  and  Publish  them — 
Days  appointed  to  correct  Lists — To  strike  from  Lists  all 
who  are  not  Legal  Voters — Officers  to  make  two  Lists — 
Clerks  of  Courts  to  Issue  Certificates — Proviso — Residence 
not  changed  until  Six  Months  after  Removal — Sheriff  shall 
deliver  Lists  to  Judges  of  Election,  &c. — Compensation — 
Expenses — By  whom  Paid — Neglect  of  Duty — How  Pun- 
ished    1,8,645 


THE  STATE  ELECTION  LAWS. 

The  General  Elections  are  held  on  the  Tuesday  next  after  the 
First  Monday  in  November,  &c 

Provisions  of  the  General  Laws  relating  to  Elections, 

County  Commissioners  to  appoint  three  Judges  of  Election — 
To  fill  Vacancies  from  Disqualifications — A  Justice  of  the 
Peace  may  act  as  Judge  of  Election,  or  Three  Voters,  in  the 
absence  of  the  regular  Judges — Judges  to  appoint  two 
Clerks — Oaths  to  betaken — Sheriff  to  provide  Ballot  Boxes 
— The  Hours  of  Election — Penalty  for  Offering  to  Vote  more 
than  one  Ballot — Penalty  for  Offering  to  Vote  twice — Pen- 
alties for  Illegal  Voting  in  Baltimore  City — How  the  Votes 
shall  be  Counted — Form  of  Certificate  of  Judges — The  Pre- 
siding Judges  to  meet  with  the  Poll  Books — Certificates 
of  the  Votes  cast — How  Delivered — Form  of  Certificates — 
Certificates  for  Representatives  in  Congress — Certilicate  of 
Governor's  Election — How  Judges  shall  Certify — How  Re- 
turn is  made  where  a  County  is  Divided — The  Return 
Judges  may  adjourn — Judges  to  Lodge  with  Clerks  the 
Poll  Books — Returns  to  be  made  to  Clerks  of  Courts — Bal- 
lots to  be  Returned  to  Clerks — Judges  in  Baltimore  City 


XXXVlll  SUMMARY   OF   CONTENTS. 


PAGE. 


appointed  by  the  Board  of  Police— Sheriffs  allowed  $12.00 
per  Day — Bar  Rooms  closed  on  Election  Days — Penalties — 
Wagers  Deposited  are  Forfeited— Warrants  for  Special 
Elections— Special  Elections— When  Held— How  Contest- 
ed Elections  are  Decided — When  Notice  is  to  be  given- 
How  Witnesses  shall  be  Examined— All  Record  Evidence 
admitted — Pay  of  the  Justice  and  Witnesses — Contestants 
to  receive  no  Pay  unless  successful,  (see  Constitution  Art.  4, 
Sections  11  and  12.) 8  19 


ELECTION   OF   UNITED    STATES    SENATORS. 
One  Senator  to  be  an  Inhabitant  of  the  Eastern,  and  one  of 
the  Western  Shore 19 


ELECTION  OF  REPRESENTATIVES  IN  CONGRESS. 
Day  of  Election — Pay  of  Members  of  Congress  reduced  to 
$5,000   per  year — Vacancies — How  Filled— The  Congres- 
sional Districts— Six  Districts— Returns  of  Election — The 
"Civil    Rights  Bill,"  or  Enforcement  Act— Special  U.  S. 
Deputy  Marshals— United  States  Supervisors  of  Elections,       19,  23 

ELECTORS   OF  PRESIDENT  AND  VICE-PRESIDENT. 

How  and  when  Elected — Who  lias  the  Right  to  Vote— In 
case  of  a  Tie,  Governor  to  decide  by  Lot — Electors  may 
fill  Vacancies — Wh-en  and  where  Electors  meet 24 


SUMMARY  OF  THE  STATE  ELECTIONS. 
Election  of  State  and  County  Ofiicers — Special  Elections — 
Contested  Elections— Qualification  of  Ofiicers — Limita- 
tion of  Salaries— Executive  Appointments — Term  of  Office 
— Election  of  Baltimore  City  Ofticers— Population  of 
Maryland 25,  28 

THE   MARYLAND  ELECTION   RETURNS. 

The  Vote  for  President  in  1872 29 

The  Vote  for  Governor  in  1871 v 29 

The  Vote  for  Members  of  Congress  in  1872 30 

The  Election  for  State  Ofiicers  in  1873 31 

The  Vote  of  Baltimore  City 31    3>i 

The  Baltimore  Municipal  Election  in  1873 33^  34 

THE   VOTE   IN   THE    COUNTIES    FOR   STATE    AND 
COUNTY    OFFICERS. 

Allegany  and  Anne  Arundel  Counties 35 

Baltimore,  Calvert  and  Caroline  Counties 36 

Carroll,  Cecil  and  Charles  Counties 37 

Dorchester  and  Frederick  Counties 38 

Garrett,  Harford,  Howard  and  Kent  Counties • 39 

Montgomery,  Prince  George's  and  Queen  Anne's  Counties. . .  40 

St.  Mary's,  Somerset,  Talbot  and  Washington  Counties 41 

Wicomico  and  Worcester  Counties 42 


MISCELLANEOUS  ARTICLES. 

[Separately  Paged  and  Indexed.] 


[summary  op  contents.] 


THE  ATTORNEYS  AT  LAW. 

Provisions  of  the  General  Laws  relating  to  Attorneys  at  Law. 

Page. 
Qualifications  of  Attorneys — How  Admitted — Attorneys  of 
other  States  admitted — Fees  of  Attorneys,  (see  page  202) — 
Oath  of  Attorneys — Certain  Officers  not  allowed  to  practice 
Law — Baltimore  City — Rules  and  Regulations  of  the  Su- 
preme Bench — How  Apjilications  for  Admission  to  the  Bar 
are  to  be  made 1,3 

LIST  OF  ATTORNEYS  AT  LAW  IN  BALTIMORE 

CITY. 

The  Attorneys  at  Law  in  Baltimore  City  and  their  Office 

Address 4, 10 

[The  following  have  been  admitted  to  the  Bar  since  the  text 
of  this  work  was  printed  :  Joseph  P.  Bryan,  D.  S.  Briscoe, 
Wm.  F.  Porter,  W.  Jasper  Hughes,  John  Lawrence  Camp- 
bell, Wm.  L.  Prince,  Edward  C.  Eichelberger,  Joseph  C. 
Boyd,  Henry  C.  A.  Smith,  and  Junius  E.  Leigh,  Esqs.] 

THE   MEDICAL  AND  CHIRURGICAL  FACULTY 
OP  MARYLAND. 

The  Officers  and  Members  of  the  Medical  and  Chirurgical 

Faculty  of  Maryland 11, 13 

The  Fee  Table  of  the  Medical  and  Chirurgical  Faculty  of 
Maryland^Medical  Practice — Obstetrical  Practice — Surgi- 
cal Practice 14, 15 

THE  STATE  PUBLIC  SCHOOLS  OFFICERS. 

The  State  Board  of  Education 16 

The  State  Normal  School 16 

The  School  Commissioners  of  the  different  Counties  in  the 

State 16,17 

The  State  Donations  to  Colleges,  Academies,  &c 17 

The  School  Examiners  in  the  different  Counties 18 


THE  RATES  OF  POSTAGE. 

First  Class  Rates — Second  Class  Rates — Third  Class  Rates — 
Postal  Cards — Domestic  Money  Orders — Foreign  Money 
Orders — Unclaimed  Letters — Forwarding  Letters  Free — 
Registered  Letters — Prepayment  of  Newspaper  Postage. . .       19,  22 


Xl  SUMMARY   OF   CONTEKTS. 

THE  GOVERNMENT  OF  THE  UNITED  STATES. 
[Following  Politician's  Register.] 
[For  changes,  see  page  655.] 

Executive  Department 621 

Department  of  State 621 

TuE ASPRY  Department 621 

War  Department 622 

Navy  Department 622 

Interior  Department 622 

Post  Office  Department 622 

Supreme  Court  op  the  United  States 623 

United  States  Court  of  Claims 623 

Reduced  Compensation  op  U.  S.  Officers 623 

The  Forty-Third  Congress  and  its  Officers 624, 630 

SUPPLEMENT  AND  APPENDIX. 

Proposed  Amendment  to  the  State  Constitution 631 

Removal,  of  Causes 632 

The  State  Board  op  Health 632,  633 

Commissioners  op  Fisheries , 684 

When  Execution  may  Issue 635 

Imprisonment  for  Fines  and  Costs 635 

The  Hours  of  Labor 635 

When  Justices  of  the  Peace  are  to  pay  over  money 

arising  from  Fines  or  Penalties 636 

Barbers — Sabbath  Breaking 636 

Amendments  to  the  Public  School  Law 636,  638 

[See  Page  237.] 
Amendments  to  the  Baltimore  City  Police  Commis- 
sioners' Laws 638,  639 

Corporate  Powers  of  County  Commissioners — Amend- 
ment   639,  640 

Legal  Holidays 640 

Property  of  Married  Women 640 

Local  Laws  op  Counties,  passed  1874,  amending  Local 

Laws  on  pages  459  to  467 641,  644 

Justices    op    the    Peace    and    Constables,     amending 

table  on  page  468 644 

Officers  of  the  Geneual  Assembly  op  1874.-.. 645 

Amendments  to  the  Registration  Law 645,  649 

[See  Politician's  Register,  page  525.] 


SUMMARY   OF   CONTENTS  xli 

Appointment  of  Judges  op  Election 649 

Actions  at  Law  for  Wrongs,  in  Baltimore  City 649 

Changes  in  County  Offjcers  on  pages  477  to  500 650 

Maryland  Members  of  Congress 651 

The  Vote  by  Districts — State  Vote  by  Counties 651 

Baltimore  City  Council — Election  of  First  Branch, 

The  Vote 652 

Changes  in  Governmemt  Officers  at  Washington 653 

Changks  in  Baltimore  City  Officers 653 

State  Fishery  Force >..  653 

Officers    op  Chesapeake  and  Ohio  Canal  Company,  654 

Additions  and  Corrections 654,  655 

Changes  in  United  States  Officers  in  Baltimore  Cus- 
tom House 510,  657 

Changes  in  Baltimore  city  Post  Office 658 

Changes  in  United  States  Government  Ofeicers 658 

The  Forty  Fourth  Congress  of  the  United  States..   659,666 

Full  List  of  Baltimore  Municipal  Officers 666,  676 

[CoiTected  to  April  lOth,  1875.] 

Justices  of  the  Peace  for  Baltimore  city 672 

Increased  Salaries  of  City  Officers 676 

Changes  in  Post  Office  Laws 676 

Congressional  Franking  Privilege 676 


REVENUE  AND  TAXES. 

The  following  public  officers  have  duties  to  perform  under  the  Act 
of  1874,  chapter  483.  entitled  "Revenue  and  Taxes,"  which  is  publish- 
ed in  full  on  Pages  363  to  391  :  All  Assessors  in  Baltimore  City  and 
Collectors  of  State  and  County  Taxes  in  the  State,  The  Appeal  Tax 
Court  of  Baltimore  City,  all  County  Commissioners  and  their  clerks, 
Clerks  of  Circuit  Courts  in  the  Counties  and  Clerks  of  Courts  in  Bal- 
timore City,  Registers  of  Wills,  the  Commissioner  of  the  Land  Office, 
the  Mayor  and  City  Council  of  Baltimore,  the  State's  Attorneys,  the 
Governor,  the  State  Treasurer  and  Comptroller,  and  the  Orphans' 
Courts. 


CONSTITUTION  OF  MARYLAND. 

Established  Oct.  5th,  1867. 


DECLARATION    OF    RIGHTS. 


Art. 
22. 
23. 
24. 
2o. 
26. 
27. 
28. 
29. 
30. 
31. 
32. 
33. 
34. 
35. 
36. 
37. 
38. 


39. 
40. 
41. 
42. 
43. 
44. 
45. 


Evidence  against  oneself. 

Freemen  not  to  be  imprisoned. 

Slavery  abolisihed. 

Bail,  Fines,  &c. 

Search  Warrants. 

Corrnption  of  Blood  and  Forfeiture. 

Militia. 

Standing  Armies. 

Military  subject  to  Civil  Power. 

Quartering  of  Soldiers. 

Martial  Lavf. 

Judges. 

Rotation  in  Office. 

Holding  Offices.    Presents. 

Religious  Liberty. 

Oath  of  Office. 

Disqualification  of  Ministers  and  Re- 
ligious bodies  from  holding  certain 
property. 

Admiuistering  Oaths. 

Liberty  of  the  Press. 

Monopolies. 

Titles  of  Nobility. 

Duties  of  the  Legislature. 

CouBtitulious  apply  in  War  and  Peace. 

Eights  retained  by  the  People. 


1.  Origin  and  Foundation  of  Govern- 

ment.   Right  of  Reform. 

2.  Constitution  of  U.  S.    Supreme  Law. 

3.  Powers  Reserved. 

4.  State's  Rights. 

5.  Common  Law.    Trial  by  Jury.    Eng- 

lish Statutes.      Act  of  Assembly. 
Charter  of  the  State. 

6.  Right  of  Reform. 

7.  Right  of  Suffrage. 

8.  Separation  of  the  Departments  of 

Government. 

9.  Suspension  of  Laws. 

10.  Freedom  of  Speech. 

11.  Seat  of  Government. 

12.  Meeting  of  Legislature. 

13.  Right  of  Petition. 

14.  LevvingofTaxes. 

15.  Poll  Taxes  oppressive.    Paupers  not 

to  be  taxed.    Taxation  according  to 
actual  worth.    Fines,  &c. 

16.  Sanguinary  Laws. 

17.  Retrospective  Laws. 

18.  Attainder. 

19.  Right  to  have  Justice. 

20.  Trial  of  Facts  where  they  arise. 

21.  Criminal  Prosecutions.    Copy  of  In- 

dictment.   Counsel  and  W  itnesses. 
Trial  by  Jury. 

We,  the  Peoph  of  the  State  of  Maryland,  grateful  to  Almighty  God  for 
our  civil  and  religious  liberty,  and  taking  into  our  serious  consideration 
the  iest  means  of  establishing  a  good  Constitution  in  this  State  for  t?ie 
sure  foundation  and  permanent  security  thereof,  declare: 

Origin  of  Qmernment — Bight  of  Reform. 
Article  1.  That  all  Government  of  right  originates  from  the 
People,  is  founded  in  compact  only,  and  instituted  solely  for  the 
good  of  the  whole;  and  they  have,  at  all  times,  the  inalienable  right 
to  alter,  reform  or  abolish  their  Form  of  Government,  in  such  manner 
as  they  may  deem  expedient. 

Constitution  of  U.  S. —  The  Supreme  Law. 
Akt.  2.  The  Constitution  of  the  United  States,  and  the  Laws  made, 
or  which  shall  be  made  in  pursuance  thereof,  and  all  Treaties  made, 
or  which  shall  be  made,  under  the  authority  of  the  United  States,  are. 
and  shall  be  the  Supreme  Law  of  the  State;  and  the  Judges  of  this 
State,  and  all  the  People  of  this  State,  are,  and  shall  be,  bound 
thereby  ;  anything  in  the  Constitution  or  Law  of  this  State  to  the 
contrary  notwithstanding. 
2 


18  DECLARATION   OP   RIGHTS. 

Powers  Jleserved, 
Art.  3.  The  powers   not  delegated  to   the  United  States  by  the 
Constitution  thereof,  nor  prohibited  by  it  to  the  States,  are  reserved 
to  the  States  respectively,  or  to  the  people  thereof. 

Staters  Bights. 

Art.  4.  That  the  People  of  this  State  have  the  sole  and  exclusive 
ricdit  of  regulating  the  internal  government  and  police  thereof,  as  a 
free,  sovereign  and  independent  State. 

Common  Laic — Trial  hy  Jury,  <&c. 

Art.  5.  That  the  inhabitants  of  Maryland  are  entitled  to  the  Com- 
mon Law  of  England,  and  the  trial  by  Jury,  according  to  the  course 
of  that  Law,  and  to  the  benetit  of  such  of  the  English  Statutes  as 
existed  on  the  Fourth  day  of  July,  seventeen  hundred  and  seventy-six ; 
and  which,  by  experience,  have  been  found  applicable  to  their  local 
and  other  circumstances,  and  have  been  introduced,  used  and  prac- 
ticed by  the  Courts  of  Law  or  Equity;  and  also  of  all  Acts  of  Assem- 
bly in  lorce  on  the  first  day  of  June,  eighteen  hundred  and  sixty-seven; 
except  such  as  mav  have  since  expired,  or  may  l)e  inconsistent  with 
the  provisions  of  this  Constitution ;  subject,  nevertheless,  to  the 
revision  of,  and  amendment  or  repeal  by,  the  Legislature  of  this  State. 
And  the  inhabitants  of  Marvland  are  also  entitled  to  all  property 
derived  to  them  from,  or  under,  the  Charter  granted  by  His  Majesty 
Charles  the  Fii-st  to  Csecilius  Calvert,  Baron  of  Baltimore. 

Bight  of  Beform. 
Art.  6.  That  all  persons  invested  with  the  Legislative  or  Executive 
powers  of  Government  are  the  Trustees  of  the  Public,  and,  as  such, 
accountable  for  their  conduct:  Wherefore,  whenever  the  ends  of 
Government  are  perverted,  and  public  liberty  manifestly  endan- 
gered, and  all  other  means  of  redress  are  ineffectual,  the  People  may, 
and  of  right  ought,  to  refonn  the  old,  or  establish  a  new  Government : 
the  doctrine  of^non-resistance  against  arbitrary  power  and  oppres- 
sion is  absurd,  slavish  and  destructive  of  the  good  and  happiness  of 

mankind. 

Bight  of  Suffrage. 

Art.  7.  That  the  right  of  the  People  to  participate  in  the  Legisla- 
ture is  the  best  security  of  liberty  and  the  foundation  of  all  free  Gov- 
eiTiment;  for  this  purpose,  elections  ought  to  be  free  and  frequent; 
and  every  white  male  citizen,  having  the  qualifications  prescribed  by 
the  Constitution,  ought  to  have  the  right  of  suttrage. 

Separation  of  the  Departments. 
Art.  8.  That  the   Legislative,  Executive   and   Judicial  powers  of 
Government  ought   to    be   forever  separate  and   distinct   from   each 
other;  and   no   person   exercising   the   functions  of  one  of  said  De- 
partments shall  assume  or  discharge  the  duties  of  any  other. 

Suspension  of  Laics. 
Art.  9.  That  no   power  of  suspending  Laws  or  the  execution   of 
Laws,  unless  Ijv,  or  derived  from  the  Legislature,  ought  to  be  exer- 
cised or  allowed. 


DECLARATION    OF   RIGHTS.  19 

Freedom  of  Speech. 
At?t.  10.  That    freedom  of  speech  and  debate,  or  proceedings  in 
the  Legishiture  ought  not  to  be  impeached  in  any  Court  of  Judica- 
ture. 

Seat  of  Government. 
Art.  11.  That  Annapolis  be  the  place  of  meeting  of  the  Legisla- 
ture ;  and  the  Legishiture  ought  not  to   be  convened,  or  held  at  any 
other  place  but  from  evitlent  necessity. 

Meeting  of  legislature. 
Art.  12.  That  for  redress  of  grievances,  and  for  amending,  strength- 
ening and  preserving  the  laws,  the  Legislature  ought  to  be  frequently 
convened. 

Right  of  Petition. 
Art.  13.  That  every  man  hath  a  right  to  petition  the  Legislature 
for  the  redress  of  grievances  in  a  j^eaceable  and  orderly  manner. 

Levying  of  Taxes. 
Art.  14.  That  no  aid,  charge,  tax,  burthen  or  fees  ought  to  be 
rate<l   or   levied,  under   any  pretence,  without  the    consent  of  the 
Legislature. 

Poll  Taxes  Oppresm-e — Paupers  not  to  he  Taxed — Taxation 
According  to  Actual   Worth — Fines,  &c. 

Art.  15.  That  the  levying  of  taxes  by  the  poll  is  grievous  and 
oiDpressive,  and  ought  to  be  prohibited;  that  paupers  ought  not  to  be 
assessed  for  the  support  of  the  Government;  but  every  person  in  the 
State,  or  persons  holding  prope^ty  therein,  ought  to  contribute  his 
proportion  of  public  taxes  lor  the  supjjort  of  the  Government,  accord- 
ing to  his  actual  worth  in  real  or  personal  property  ;  yet,  fines,  duties 
or  taxes  may  properly  and  justly  be  imposed,  or  laid,  with  a  political 
view  for  the  good  government  and  benefit  of  the  community. 

Sanguinary  Laws. 

Art.  1G.  That  sanguinary  Laws  ought  to  be  avoided  as  far  as  it  is 
consistent  with  the  safery  of  the  State;  and  no  law  to  inflict  cruel  and 
unusual  pains  and  penalties  ought  to  be  made  in  any  case,  or  at  any 
time,  hereafter. 

Pelrnspective  Lairs. 

Art.  17.  That  retrospective  Laws,  punishing  acts  committed  be- 
fore the  existence  of  such  Laws,  and  by  them  only  declared  criminal, 
are  opju-essive,  unjust  and  incompatible  with  liberty;  wherefore,  no 
ex  post  facto  Law  ought  to  be  made;  nor  any  retrospective  oath  or 
restriction  be  imposed,  or  required. 

Attainder. 
Art.  18.  That  no  Law  to  attaint  particular  persons  of  treason  or 
felony,  ought  to  be  made  in  any  case,  or  at  any  time,  hereafter. 

Right  to  Have  Justice. 

Art.  19.  That  every  man,  for  any  injury  done  to  him  in  his  person  or 
property  ought  to  have  remedy  by  the  course  of  the  Law  of  the  Land, 
and  ought  to  have  justice  and  right,  freely,  without  sale,  fully  without 
any  denial,  and  speedily  without  delay,  according  to  the  Law  of  the 
Lund. 


30  DECLARATION   OF   RIGHTS. 

Trial  of  Facts. 
Art.  20.  That  the  trial  of  Facts,  where  they  arise,  is  one  of  the 
greatest  securities  of  the  lives,  liberties  and  estate  of  the  People. 

Trial  hy  Jury. 

Art.  21.  That  in  all  criminal  prosecutions,  every  man  hath  a  ric;ht 
to  be  informed  of  the  accusation  against  him  ;  to  have  a  copy  of  the 
indictment,  or  charge,  in  due  time  (if  required)  to  prepare  for  his  de- 
fence; to  be  allowed  counsel ;  to  be  confronted  with  the  witnesses 
against  him;  to  have  process  for  his  witnesses ;  to  examine  the  wit- 
nesses for  and  agaiust  him  on  oath ;  and  to  a  speedy  trial  by  an  im- 
partial jury,  without  whose  unanimous  consent  he  ought  not  to  be 
found  guilty. 

Evidence  Against  Oneself. 

Art.  22.  That  no  man  ought  to  be  compelled  to  give  evidence 
against  himself  in  a  criminal  case. 

Freemen  Not  to  te  Imprisoned. 

Art.  23.  That  no  man  ought  to  be  taken  or  imprisoned  or  dis- 
seized of  his  freehold,  liberties  or  jirivileges,  or  outlawed,  or  exiled, 
or  in  any  manner,  destroyed,  or  deprived  of  his  lite,  liberty  or  prop- 
erty, but  by  the  judgment  of  his  peers,  or  by  the  Law  of  the  land. 

Slavery  Abolished. 

Art.  24.  That  Slavery  shall  not  be  re-established  in  this  State : 
but  having  been  abolished,  under  tlie  policy  and  authority  of  the 
United  States,  compensation,  in  consideration  thereof,  is  due  from 
the  United  States. 

Bail,  Fines,  &c. 

Art.  25.  That  excessive  Bail  ought  not  to  be  required,  nor  exces- 
sive Fines  imposed,  nor  cruel  or  unusual  punishment  inflicted,  by  the 
Courts  of  Law. 

Search    Warrants. 

Art.  26.  That  all  Warrants,  without  oath  or  affirmation,  to  search 
suspected  places,  or  to  seize  any  person  or  property,  are  grievous  and 
oppressive ;  and  all  general  warrants  to  search  suspected  places,  or  to 
api^rehend  suspected  persons,  without  naming  or  describing  the 
i;)lace,  or  the  person  in  special,  are  illegal,  and  ought  not  to  be 
granted. 

Coortiption  of  Blood  and  Forfeiture. 

Art.  27.  That  no  conviction  shall  work  corrujjtion  of  blood  or  for- 
feiture of  estate. 

Militia. 

Art.  28.  That  a  well  regulated  Militia  is  the  proper  and  natural 
defence  of  a  free  Government. 

Standing  Armies. 
Art.  29.  That  standing  Armies  are  dangerous  to  liberty,  and  ought 
not  to  be  raised  or  kept  up,  without  the  consent  of  the  Legislature. 
Military  Suhject  to  Civil  Power. 
Art.  30.  That  in  all  cases,  and  at  all  times,  the  military  ought  to 
be  under  strict  subordination  to,  and  control  of,  the  civil  power. 


DKCLAKATXON   OF   RIGHTS.  21 

Quartering  of  Soldiers. 
Art.  31.  That  no  soldier  shall,  in  time  of  peace,  be  quartered  in 
anj'  house,  without  the  consent  of  the  owner,  nor  in  time  of  war,  ex- 
cept in  the  manner  prescribed  by  Law. 

Martial  Law. 
Art.  32.  That  no  person,  except  regular  soldiers,  marines,  and  mari- 
ners in  the  service  of  this  State,  or  mi  lit  in,  when  in  actual  service, 
ought,  in  any  case,  to  be  subject  to,  or  punishable  by  Martial  Law. 

Judges. 
Art.  33.  That  the  independency  and  uprightness  of  Judges  are  es- 
sential to  the  impartial  administration  of  Justice,  and  a  great  security 
to  the  rights  and  Hberties  of  the  People  :  AVherefore,  the  Judges  shall 
not  be  removed,  except  in  the  manner,  and  for  the  causes,  provided 
in  this  Constitution.  No  Judge  shall  hold  any  other  office,  civil  or 
military,  or  political  trust,  or  employment  of  any  kind,  whatsoever, 
under  the  Constitution  or  Laws  of  this  State,  or  of  the  United  States, 
or  any  of  them  ;  or  receive  fees,  or  j^erquisites  of  any  kind,  for  the  dis- 
charge of  his  official  duties. 

Rotation  in  Office. 
Art.  34.  That  a  long  continuance  in  the  Executive  Departments  of 
power  or  trust  is  dangerous  to  liberty  ;   a  rotation,  theretbre,  in  those 
Departments  is  one  of  the  best  securities  of  permanent  freedom. 

Holding  Offices — Presents. 

Art.  35.  That  no  person  shall  hold,  at  the  same  time,  more  than 
one  office  of  profit,  created  by  the  Constitution  or  Law^s  of  this  State; 
nor  shall  any  person  in  public  trust  receive  any  present  from  any 
ioreign  Prince  or  State,  or  from  the  United  States,  or  any  of  them, 
without  the  approbation  of  this  State. 

Eellgious  Liberty —  Witnesses. 

Art.  36.  That  as  it  is  the  duty  of  every  man  to  worship  God  in  such 
manner  as  he  thinks  most  acceptable  to  Him,  all  persons  are  equally 
entitled  to  protection  in  their  religious  lilierty  ;  wherefore,  no  person 
ought,  by  any  Law  to  be  molested  in  his  person  or  estate,  on  account 
of  his  religious  persuasion,  or  profession,  or  for  his  religious  practice, 
unless,  under  the  color  of  religion,  he  shall  disturb  the  good  order, 
peace  or  safety  of  the  State,  or  shall  infringe  the  laws  of  morality, 
or  irjure  others  in  their  natural,  civil  or  religious  rights;  nor  ought 
any  person  to  be  compelled  to  irequcnt,  or  maintain,  or  contribute, 
unless  on  contract,  to  maintain,  any  place  of  worship,  or  any  ministry  ; 
nor  shall  any  person,  otherwise  competent,  be  deemed  incompetent  as 
a  witness  or  juror,  on  account  of  his  religious  belief;  provided,  he  be- 
lieves in  the  existence  of  God,  and  that  under  His  dispensation  such 
person  will  be  held  morally  accountable  for  his  acts,  and  be  rewarded 
or  punished  therefor  either  in  this  world  or  the  world  to  come. 

Oath  of  Office. 

Art.  37.  That  no  religious  test  oitght  ever  to  be  required  as  a  qual- 
ification for  any  office  of  profit  or  trust  in  this  State,  other  than  a  de- 
claration of  belief  in  the  existence  of  God  ;  nor  shall  the  Legislature 
prescrilje  any  other  oath  of  office  than  the  oath  prescribed  by  this 
Constitution. 


22  DECLARATION    OF   RIGHTS. 

Disqualification  of  Ministers  and  Religious  Organizations  from 
Holding  Certain  Property. 

Art.  38.  That  every  gift,  sale  or  devise  of  land,  to  any  Minister, 
Public  Teacher  or  Pre"acher  of  the  gospel,  as  such,  or  to  any  Religious 
Sect,  Order  or  Denomination,  or  to,  or  lor  the  support,  use  or  benefit 
of,  or  in  trust  for,  any  Minister,  Public  Teacher  or  Preacher  of  the 
gospel,  as  such,  or  any  Religious  Sect,  Order  or  Denouiination ;  and 
every  gift  or  sale  of  goods,  or  chattels,  to  go  in  succession,  or  to  take 
place  after  the  death  of  the  Seller  or  Donor,  to  or  for  such  support, 
use  or  benefit ,  and  also  every  devise  of  goods  or  chattels  to  or  for  the 
support,  use,  or  benefit  of  any  Minister,  Puijlic  Teacher  or  Preacher 
of  the  gospel,  as  such,  or  any 'Religious  Sect,  Order,  or  Denomination, 
without  the  prior,  or  subsequent,  sanction  of  the  Legislature,  shall  be 
void ;  except  always,  any  sale,  gift,  lease  or  devise  of  any  quantity  of 
land,  not  exceeding  five  acres,  for  a  church,  meeting  house,  or  other 
house  of  worship,  or  parsonage,  or  for  a  burying  ground,  which  shall 
be  improved,  enjoyed  or  used  only  for  such  purpose ;  or  such  sale, 
gift,  lease  or  devise  shall  be  void. 

Administering  Oaths. 

Art.  39.  That  the  manner  of  administering  an  oath  or  affirmation 
to  any  person,  ought  to  be  such  as  those  of  the  religious  persuasion, 
profession,  or  denomination,  of  which  he  is  a  member,  generally  es- 
teem the  most  effectual  confirmation  by  the  attestation  of  the  Divine 
Being. 

Liberty  of  the  Press. 

Art.  40.  That  the  liberty  of  the  press  ought  to  be  inviolably  pre- 
served ;  that  every  citizen  of  tlie  State  ought  to  be  allowed  to  speak, 
write  and  publish  his  sentiments  on  all  subjects,  being  responsible  for 
the  abuse  of  that  privilege. 

Monopolies. 

Art.  41.  That  monopolies  are  odious,  contrary  to  the  spirit  of  a 
free  government  and  the  principles  of  commerce,  and  ought  not  to  be 
suffered. 

Titles  of  Nobility. 

Art.  42.  That  no  title  of  nobility  or  hereditary  honors  ought  to  be 
granted  in  this  State. 

Duties  of  the  Legislature. 

Art.  43.  That  the  Legislature  ought  to  encourage  the  diffusion  of 
knowledge  and  virtue,  the  extension  of  a  judicious  system  of  general 
education,  the  promotion  of  literature,  the  arts,  sciences,  agriculture, 
commerce  and  manufactures,  and  the  general  melioration  of  the  con- 
dition of  the  People. 

Constitutions  Apply  in  War  and  Peace. 
Art.  44.  Tliat  the  provisions  of  the  Constitution  of  the  L^nited 
States,  and  of  this  State,  apply,  as  well  in  time  of  war,  as  in  time  of 
peace  ;  and  any  departure  therefrom,  or  violation  thereof,  under  the 
plea  of  necessity,  or  any  other  plea,  is  subversive  of  good  Government, 
and  tends  to  anarchy  and  despotism. 

Rights  Retained  by  the  People. 
Art.  4.^.  This  enumeration  of  Rights  shall  not  be  construed  to  im- 
pair or  deny  others  retained  by  the  People. 


CONSTITUTION. 

Article    I. 
ELECTIVE     FRANCHISE. 

Qualifications  of  Voters — Residents — Removals. 

Sec.  1.  All  elections  shall  be  by  ballot ;  and  every  white  male  citi- 
zen of  the  United  States,  of  the  age  of  twenty-one  years,  or  upwards, 
who  has  been  a  resident  of  the  State  for  one  year,  and  of  the  Legisla- . 
five  District  of  Baltimore  City,  or  of  the  County,  in  which  he  may 
offer  to  vote,  for  six  months  next  preceding  the  election,  shall  be  en- 
titled to  vote,  in  the  ward  or  election  district,  in  which  he  resides,  at 
ail  elections  hereafter  to  be  held  in  this  State  ;  and  in  case  any  county. 
or  city,  shall  be  so  divided  as  to  form  portions  of  different  electoral 
districts,  for  the  election  of  Rej^resentatives  in  Congress,  Senators. 
Delegates,  or  other  Officers,  then,  to  entitle  a  person  to  vote  for  such 
officer,  he  must  have  been  a  resident  of  that  part  of  the  county,  or  city, 
which  shall  form  a  part  of  the  electoral  district,  in  which  he  offers  to 
vote,  for  six  months  next  preceding  the  election  ;  but  a  person  who 
shall  have  acquired  a  residence  in  such  county,  or  city,  entitling  him 
to  vote  at  any  such  election,  shall  be  entitled  to  vote  in  the  election 
district  from  which  he  removed,  until  he  shall  have  acquired  a  res- 
idence in  the  part  of  the  county,  or  city,  to  which  he  has  removed. 

Disqualified  to  Vote. 

Sec.  2.  Xo  person  above  the  age  of  twenty-one  years,  convicted  of 
larceny,  or  otlier  infamous  crime,  unless  pardoned  by  the  Governor, 
shall  ever  thereafter  be  entitled  to  vote  at  any  election  in  this  State  ; 
and  no  person  under  guardianship,  as  a  lunatic,  or,  as  a  person  nou 
compos  mentis,  shall  be  entitled  to  vote. 

Bribery  and  Penalties. 

Sec.  3.  If  any  person  shall  give,  or  offer  to  give,  directly  or  indi- 
rectly, any  bribe,  present,  or  reward,  or  any  promise,  or  any  security 
for  the  jjayment,  or  the  delivery  of  money,  or  any  other  thing,  to  in- 
duce any  voter  to  refrain  from  casting  his  vote,  or  to  prevent  him,  in 
any  way,  fi'om  voting,  or  to  procure  a  vote  for  any  camlidate,  or  per- 
son proposed,  or  voted  for,  as  Elector  of  Presirlent  and  Vice-President 
of  the  United  States,  or  Representative  in  Congress,  or  for  any  office 
of  profit  or  trust,  created  by  the  Constitution  or  Laws  of  this  State,  or 
by  the  Ordinances,  or  Authority  of  the  Mayor  and  City  Council  of 
Baltimore,  the  person  giving,  or  offering  to  give,  and  the  person  re- 
ceiving the  same,  and  any  person,  who  gives,  or  causes  to  be  given, 
an  illegal  vote,  knowing  it  to  be  such,  at  any  election  to  be  hereafter 
held  in  this  State,  shall,  on  conviction  in  a  Court  of  Law,  in  addition 
to  the  penalties  now,  or  hereafter  to  be,  imposed  by  Law,  be  forever 
disqualified  to  hold  any  office  of  profit  or  trust,  or  to  vote  at  any  elec- 
tion thereafter. 


24  COKSTITUTION   OF   MAKYLAND. 

Punishment  for  Illegal  Voting. 

Sec.  4.  It  shall  be  the  duty  of  the  General  Assembly  to  pass  Laws 
to  punish,  with  fine  and  imprisonment,  any  person,  who  shall  remove 
into  any  election  district,  or  precinct  of  any  ward  of  the  City  of  Balti- 
more, not  for  the  purpose  of  acquiring  a  bona  fide  residence  therein, 
but  for  the  purpose  of  voting  at  an  approaching  election,  or,  who 
shall  vote  in  any  election  district,  or  ward,  in  which  he  does  not 
reside,  (except  in  the  case  provided  for  in  this  article,)  or  shall,  at  the 
same  election,  vote  in  more  than  one  election  district,  or  precinct,  or 
shall  vote,  or  ofi"er  to  vote,  in  any  name  not  his  own,  or  in  place  of 
any  other  person  of  the  same  name,  or  shall  vote  in  any  county,  in 
which  he  does  not  reside. 

Registration  of  Voters. 

Sec.  5.  The  General  Assembly  shall  provide  by  Law  for  a  uniform 
Rc'-istration  oi"  the  names  of  all  the  voters  in  this  State,  who  possess 
the  qualifications  prescribed  in  this  Article,  which  Registration  shall 
be  conclusive  evidence  to  the  Judges  of  election  of  the  right  of  every 
person,  thus  registered,  to  vote  at  any  election  thereafter  held  in  this 
State  ;  but  no  person  shall  vote  at  any  election.  Federal  or  State,  here- 
after to  beheld  in  this  State,  or  at  any  municipal  election  in  the  City 
of  Baltimore,  unless  his  name  appears  in  the  list  of  registered  voters; 
and  until  the  General  Assembly  shall  hereafter  pass  an  Act  for  the  Re- 
gistration of  the  names  of  voters,  the  Law  in  force  on  the  first  day  of 
June,  in  the  year  eighteen  hundred  and  sixty-seven,  in  reference 
thereto,  shall  be  continued  in  force,  except  so  far  as  it  may  be  incon- 
sistent with  the  provisions  of  this  Constitution ;  and  the  registry  of 
voters,  made  in  pursuance  thereof,  may  be  corrected,  as  provided  in 
said  Law  ;  but  the  names  of  all  persons  shall  be  added  to  the  list  of 
qualified  voters  by  the  officers  of  Registration,  who  have  the  qualifi- 
cations prescribed  in  the  first  section  of  this  Article,  and  who  are 
not  disqualified  under  the  provisions  of  the  second  and  third  sections 
thereof! 

Oath  of  Office. 

Sec.  6.  Every  person  elected,  or  appointed,  to  any  office  of  profit 
or  trust,  under  this  Constitution,  or  under  the  Laws,  made  pursuant 
thereto,  shall,  before  he  enters  upon  the  duties  of  such  office,  take  and 

subscribe  the  following  oath,  or  affirmation  ;  I, ,  do  swear,  (or 

affirm  as  the  case  may  be,)  that  I  will  support  the  Constitution  of  the 
United  States;  and  that  I  will  be  faithful  and  bear  true  allegiance  to 
the  State  of  Maryland,  and  support  the  Constitution  and  Laws  thereof; 
and  that  I  will,  to  the  best  of  my  skill  and  judgment,  diligently  and 

faithfully  without  partiality  or  prejudice,  execute  the  office  of , 

according  to  the  Constitution  and  Laws  of  this  State,  (and  if  a  Gov- 
ernor, Senator,  Member  of  the  House  of  Delegates,  or  Judge.)  that  I 
will  not  directly  or  indirectly,  receive  the  profits  or  any  part  of  the 
profits,  of  any  other  office  during  the  term  of  my  acting  as . 

New  Election  on  Refusal  to  take  Oath. 

Sec.  7.  Every  person,  hereafter  elected,  or  appointed  to  office,  in 

this  State,  who  shall  refuse,  or  neglect  to  take  the  oath,  or  affirmation 

of  ofiice,  provided  for  in  the  sixth    section  of  this  Article,  ;;h;ill  be 

considered  as  having  refused  to  accept  said  office ;  and  a  new  election, 


CONSTITUTION   OF   MAUYLAND. 


or  appointment,  shall  be  made,  as  in  case  of  refusal  to  accept,  or  resig- 
nation of  an  ofllce;  and  any  person  violating  said  oath,  shall,  on  con- 
viction thereof,  in  a  court  of  law,  in  addition  to  the  penalties  now,  or 
hereafter  to  be,  imposed  I'y  law,  be  thereafter  incapable  of  holding 
any  office  of  profit  or  trust  in  this  State. 


[The  intermediate  articles  of  the  Constitution  are  printed  in  con- 
nection with  the  Departments  of  the  State  Government  and  the  Public 
Officers,  to  whom  they  relate.     See  Si^ecial  Index  to  Constitution.] 


Constitution,  Art.  XV. 
MISCELLANEOUS. 

Courts  Continue  until  Superseded. 
Sec.  2.  The  several  courts  existing  in  this  State  at  the  time  of  the 
adoption  of  this  Constitution,  shall,  until  superseded  under  its  provi- 
sions, continue  with  like  powers  and  jurisdiction,  and  in  the  exercise 
thereof,  both  at  Law  and  in  Equity,  in  all  respects  as  if  this  Constitu- 
tion had  not  been  adopted ;  and  when  said  courts  shall  be  so  super- 
seded, all  causes  then  depending  in  said  courts  shall  pass  into  the 
jurisdiction  of  the  several  courts  by  which  they  may  be,  respectively, 
superseded. 

All  Officers  to  Hold  until  Sxiperseded. 

Sec.  3.  The  Governor  and  all  oflicers.  civil  and  military,  now  hold- 
ing office  under  this  State,  whether  by  election  or  appointment,  shall 
continue  to  hold,  exercise  and  discharge  the  duties  of  their  offices 
(unless  inconsistent  with  or  otherwise  provided  in  this  Constitution) 
until  they  shall  be  superseded  under  its  provisions,  and  until  their 
successors  shall  be  duly  qualified. 

New  Election  in  Case  of  a  Tie. 

Sec.  4.  If  at  any  election  directed  by  this  Constitution  any  two  or 
more  candidates  shall  have  the  highest  and  an  equal  number  of  votes, 
a  new  election  shall  be  ordered  by  the  Governor,  except  in  cases 
specially  provided  for  by  this  Constitution. 

Oeneral  Elections  to  he  Held  in  Novernber. 
Sec.  7.  All  general  elections  in  this  State  shall  be  lield  on  the  Tues- 
day next  after  the  first  Monday,  in  the  month  of  November,  in  the  year 
in  which  they  shall  occur,  and  the  first  election  of  all  officers,  who,  under 
this  Constitution,  are  required  to  be  elected  by  the  people,  shall,  ex- 
cept in  cases  herein  specially  provided  lor,  be  held  on  the  Tues- 
day next  after  the  first  Monday  of  November,  in  the  year  eighteen 
hundred  and  sixty-seven. 

[The  Sections  omitted  above  in  Article  XV  are  printed  in  connec- 
tion with  the  subjects  to  which  they  relate.] 

'See  sjjecial  Index  to  Constitution. 


CONSTITUTIONAL    CONVENTIONS 

OF     MARYLAND. 

Under  the  Act  of  1867,  Chapter  327,  a  State  election  -was  held 
April  10th,  1867,  to  take  the  sense  of  the  people  on  the  subject  of 
calling  a  State  Convention  to  revise  the  State  Constitution.  Mem- 
bers of  the  Convention  were  also  elected  at  the  same  time.  The 
whole  number  of  votes  cast  at  the  election  was  58,718,  of  which 
34,534  were  "For  a  Convention,"  and  24,136  "Against  a  Convention;" 
and  48  blank  ballots,  the  majority  being  10,398.  The  Convention 
assembled  at  Annapolis,  May  8th,  1867,  and  after  framing  a  form  of 
Constitution,  adjourned  August  17th,  1867.  The  Constitution  was 
submitted  to  the  vote  of  the  people  September  18th,  1807.  The  whole 
number  of  votes  cast  was  70,188,  (and  27  blank  ballots,)  of  which 
47,152  were  "For  the  Constitution,"  and  23,030  were  "Against  the 
Constitution,"  thus  adopting  the  Constitution  by  a  majority  of  24,116 
votes.  The  Constitution  by  its  own  provisions  took  effect  October 
5th,  1867. 

The  following  is  a  list  of  the  members  and  officers  of  the  Conven- 
tion of  1807,  which  formed  the  present  Constitution,  to  which  is  ap- 
pended the  members  and  officers  of  the  previous  Constitutional  Con- 
ventions held  in  this  State  in  1864,  1851,  and  1777. 


CONSTITUTIONAL    CONVENTION    OF    1867. 

President. — Hon.  Richard  B.  Carmichael,  of  Queen  Anne's  dmnty. 

AVegnny  County. — Thomas  Perry.  Alfred  Spates,  William  Walsh, 
J.  Philip  Roman,  Jacob  Hoblitzell,  Thomas  J.  McKaig. 

Anne  AruivTel  County. — James  R.  Howison,  Thomas  I.  Hall,  E.  G. 
Kilbourn,  Luther  Giddings. 

BdUimore  City — \st  Legixlative  District. — Lindsay  H.  Rennolds,  Ezra 
Whitman,  John  H.  Barnes,  Isaac  S.  George,  Joshua  Vansant,  Edward 
F.  Flaherty,  James  A.  Henderson. 

Baltimore  City — 2d  Legislative  District. — George  M.  Gill,  George 
Wm.  Brown,  Bernard  Carter,  Albert  Ritchie,  Henry  F.  Garey,  George 
W.  Dobbin,  J.  Hall  Pleasants. 

Baltimore  City — 3d  Legislative  District. — James  R.  Brewer,  John 
Ferry,  J.  Montgomery  Peters,  John  Franck,  Jos.  P.  Merryman,  I.  M. 
Denson,  Walter  S.  Wilkinson. 

Bnltimoi'e  County. — Chas.  A.  Buchanan,  John  Wethered.  E])hraim 
Bell,  Anthony  Kennedy,  Samuel  W.  Starr,  Charles  H.  Nicolai,  Robert 
C.  Barry. 

Calvert  County. — John  Parran,  Charles  S.  Parran,  John  F.  Ireland. 

Caroline  County. — R.  E.  Hardcastle,  Chas.  E.  Tarr,  Tilghman  H. 
Hubbard,  W.  H.  Watkins. 

Carroll  County. — John  K.  Longwell.  George  W.  Manro,  Sterling 
Gait,  Benj.  W.  Bennett,  Thos.  F.  Cover.  Wm.  N.  Hayden. 

Cecil  County. — Benj.  B.  Chambers,  George  R,  Howard,  James  B. 
Groome,  James  O.  McCormick,  Eli  Cosgrove. 


CONSTITUTIONAL   CONVENTIONS.  2, 

Charles  County. — Walter  Mitchell,  Vivian  Brent,  John  T.  Stodrlert. 

Dorchenter  County. — James  Wallace,  Wm.  T.  Goldsborough,  George 
E.  Austin,  Levin  Hodson. 

Frederick  County. — Wm.  P.  Maulbby,  Frederick  J.  Nelson,  Harry 
W.  Dorsey,  Outerbridge  Horsey,  Wm.  S.  McPhurson,  John  B.  Thomas, 
Dewitt  C.  Johnson. 

Harford  County. — Henry  D.  Farnandis,  Henry  W.  Archer,  John 
Evans,  Evans  S.  Rogers,  Henry  A.  Silver. 

Uoicard  County. — Wm.  M.  Merrick,  James  Mackubin,  Henry  O. 
Devries,  James  Morris. 

Kent  County.— Joseph.  A.  Wickes,  Richard  W.  Ringgold,  C.  H.  B. 
Massey,  Wm.  Janvier. 

Montfjomery  County. — Greenbury  M.  Watkins,  Nicholas  Brewer, 
Samuel  Riggs,  ofR.,  Washington  Duvall. 

Prince  George's  County. — John  F.  Lee,  John  B.  Brooke,  Fendall 
Marbury,  Elbert  G.  Emack. 

Queen  Anne's  County. — Richard  B.  Carmichael,  Thomas  J.  Keating, 
Washington  Finley,  Stephen  J.  Bradley. 

St.  Mary's  County. — Robert  Ford,  John  F.  Dent,  Baker  A.  Jamison. 

Someiset  County. — Purnell  Toadvine,  Thomas  F.  J.  Rider,  James  L. 
Horsey,  Isaac  D.  Jones,  Henry  Page. 

Talhot  County. — Wm.  Goldsborough,  Richard  C.  Hollyday,  Henry 
E.  Bateman,  Ormo  D.  Hammond. 

Wa.shingt07i  County. — Andrew  K.  Sy ester,  Richard  H.  Alvey,  Joseph 
Murray,  S.  S.  Cunningham,  Wm.  Motter,  George  Pole. 

Worcester  County. — J.  Hopkins  Tarr,  Littleton  P.  Franklin,  Thomas 
P.  Parker,  Samuel  S.  McMaster,  George  W.  Covington. 

Officers  of  the  Convention. 

Secretary. — Miltcm  Y.  Kidd,  of  Cecil  county. 

Assi.^tant  Secretary. — Thomas  H.  Moore,  of  Baltimore  County. 

Clerk  of  lievision  and  Compilation. — Josej^h  H.  Nicholson,  of  Anne 
Arundel  County. 

Sergeant-at-Arms. — Charles  G.  Griffith,  ofBaltimore  City. 

Committee  Clerks. — John  V.  Posey,  of  St.  Mary's  County.  Stephen 
P.  Toadvine,  of  Somerset  County.  N.  T.  Meginnis,  of  Kent  County, 
and  John  H.  Woodward,  ofBaltimore  City. 

Door  Keepers. — John  Hagan,  of  Frederick  County.  Henry  Dryden, 
of  Worcester  County. 

Postmaster. — J.  E.  Bateman,  of  Harford  County. 


PREVIOUS    CONSTITUTIONAL    CONVENTIONS. 

The  following  Constitutional  Conventions  have  been  held  from  the 
commencement  of  the  Government  down  to  the  Convention  ol  l^-fiT. 

CONSTITUTIONAL  CONVENTION  OF  AUG.  14, 1776. 

WHICH   FKAMED   THE    FIRST    STATE    CONSTITUTION. 

President. — Matthew  Tilghman.     Clerk. — Gabriel  Duvall. 

St.  Mary's  County. — Richard  Barnes,  Ignatius  Fenwick,  George 
Plater,  Jeremiah  Jordan. 

Charles  County. — Robert  T.  Hooe,  John  Dent,  Thomas  Semmes, 
John  Parnham. 


28  CONSTITUTIONAL   CONVENTIONS. 

Calvert  County. — Benjamin  Mackall,  Charles  Grahame,  William 
Fitzhucli,  John  Mackall. 

Prince  George's  County. — Walter  Bowie,  Benjamin  Hall,  Osborn 
Sprigg,  Luke  Marbury. 

Anne  Arundel  County. — John  Hall,  Brice  T.  B.  Worthington,  Rezin 
Hammond,  Samuel  Chase. 

Frederki,  Lower  District^  now  Montgomery  County. — Thomas  Sprigg 
Wootton,  Jonathan  Wilson,  William  Bayly,  Jr.,  Elisha  Williams. 

Middle  District,  Frederick  County — Adam  Fischer,  Upton  Shere- 
dine,  Christopher  Edelen,  David  Schriver. 

Upper  District,  Washington  and  Allegany  Counties. — Samuel  Beall, 
Samuel  Hughes,  John  Stull,  Henry  Schnebly. 

Baltimore  County. — Charles  Ridgely,  Thomas  Cockey  Deye,  John 
Stevenson,  Peter  Shepherd. 

Harford  County. — Jacob  Bond,  Henry  Wilson,  Jr.,  John  Love,  John 
Archer. 

Cecil  County. — Joseph  Gilpin,  Patrick  Ewing,  David  Smith,  Benja- 
min Brevard. 

Talbot  County. — Pollard  Edmondson,  John  Gibson,  Matthew  Tilgh- 
man,  James  Lloyd  Chamberlaine. 

Caroline  County. — Nathaniel  Potter,  William  Richardson,  Richard 
Mason,  Henry  Dickinson. 

Dorchester  County. — Robert  Goldsborough,  James  Murray,  John 
Ennalls,  James  Ennalls. 

Somerset  County. — Gustavus  Scott,  George  Scott,  William  Horsey, 
Henry  Lowes. 

Worcester  County. — Samuel'  Handy,  Peter  Chaille,  Smith  Bishop, 
Josiah  Mitchell. 

Kent  County. — Thomas  Ringgold.  William  Ringgold,  Joseph  Earle, 
Thomas  Smyth. 

Queen  Anneh  County. — Turbut  Wright,  James  Kent,  Wm.  Bruff, 
Solomon  Wright. 

Baltimore  City. — John  Smith,  Jeremiah  T.  Chase. 

Annapolis. — William  Paca,  Charles  Carroll  of  Carrollton. 


RATIFICATION    OP    THE    U.  S.  CONSTITUTION. 

Convention  op  1788. 

The  Maryland  Convention  of  the  People  held  to  ratify  the  Consti- 
tution of  the  United  States,  (which  was  submitted  to  all  the  States  in 
1787,)  was  held  as  follows : 

In  Convention  of  the  Delegates  of  the  People  of  the  State  of  Marylfind, 

28th  April,  1788. 

We,  the  Delegates  of  the  People  of  the  State  of  Maryland,  having 
fully  considered  the  Constitution  of  the  United  States  of  America, 
reported  to  Congress  by  the  Convention  of  Dejjuties  from  the  United 
Stsites  of  America,  held  in  Philadelphia  on  the  17th  day  of  September, 
in  the  year  1787,  of  which  the  annexed  is  a  copy,  and  sulimitted  to  us 
by  a  resolution  of  the  General  Assembly  of  Maryland,  in  November 
Session,  1787,  do,  for  ourselves,  and  in  the  name  and  on  the  Ix-half  of 
the  People  of  this  State,  assent  to  and  ratify  the  said  Constitution. 

In  witness  whereof,  we  have  hereunto  subscribed  our  names. 


CONSTITUTIONAL   CONVENTIONS.  20 

George  Platek,  President. 
Richard  Barnes,  Charles  Cliilton,  N.  Lewis  Sewall,  William  Tilgh- 
nian,  Donaldson  Yeatcs,  Isaac  Perkins,  William  Granger,  Joseph 
Wilkinson,  Charles  Graham,  Daniel  Sullivan,  James  Shaw,  Joseph 
Gilpin,  H.  HoUingsworth,  James  Gordon  Heron,  Samuel  Evans, 
Fielder  Bowie,  Osborn  Sprigg,  Benjamin  Hall,  John  Cheslej-,  Jr., 
William  Smith,  G.  R.  Brown,  J.  Parnham,  Zeph.  Turner,  Michael 
Jenifer  Stone,  R.  Goldsborough,  Jr.,  Edward  Lloyd,  John  Stephens, 
George  Gale,  Henry  Waggaman,  John  Stewart,  John  Gale,  N.  Ham- 
mond, Abraham  Few,  William  Paca,  J.  Richardson,  Wm.  Richard- 
son, Matt,   Driver,  Peter   Edmonds,  James  McH ,  John  Coulter, 

George  Digges,  Nicholas  Carroll,  Alexander  C.  Hanson,  James  Tilgh- 
man,  John  Seney,  James  Holliday,  Wm.  Helmsley,  Peter  Chaille,  Jas. 
Martin,  William  Morris,  John  Done,  Thomas  Johnson,  Thomas  Sim 
Lee,  Richard  Potts,  Thomas  Sprigg,  John  Stull,  Moses  Rawlings, 
Henry  Shryock,  Thomas  Cramphin,  Richard  Thomas,  AVm.  Deakins, 
Jr.,  Benjamin  Edwards. 

Attest:  William  Harwood,  GUrk. 


CONSTITUTIONAL    CONVENTION    OF    1851. 

President. — Hon.  John  G.  Chapman,  of  Charles  County. 

St.  Mari/s  County. — George  C.  Morgan,  William  J.  Blackistone, 
John  F.  Dent,  J.  R.  Hopewell. 

Kent  County. — James  B.  Ricaud,  John  Lee,  Ezekiel  F.  Chambers, 
Joseph  T.  Mitchell. 

Anne  Arundel  County. — Thomas  Donaldson,  Thomas  B.  Dorsey, 
George  Wells,  Alexander  Randall,  James  Kent,  .John  S.  Sellman. 

Calvert  County. — George  W.  Weems,  J.  J.  Dalrvmple,  John  Bond, 
A.  R.  Sollers. 

Baltimore  County. — Benjamin  C.  Howard,  -James  M.  Buchanan, 
Ephraim  Bell,  Thomas  J.  Welsh,  H.  J.  Chandler,  James  L.  Ridgely. 

Charles  County. — George  Brent,  John  G.  Chapman,  William  D. 
Merrick,  Daniel  Jenil'er. 

Talbot  County. — Edward  Lloyd,  S.  P.  Dickinson,  C.  Sherwood,  M. 
O.  Colston. 

Somerset  County. — John  Dennis,  James  U.  Dennis,  J.  W.  Crisfield, 
J.  J.  Dashiell,  William  Williams. 

Dorchester  County. — Thomas  H.  Hicks,  John  N.  Hodson,  Wm.  T. 
Goldsborough,  J.  R.  Eccleston,  Francis  P.  Phelps. 

Cecil  County. — Albert  Ccmstable,  B.  B.  Chambers,  Wm.  McCullough, 
John  M.  Miller,  Louis  McLane. 

Prince  George's  County. — Thomas  F.  Bowie,  Wm.  H.  Tuck,  Samuel 
Sprigg,  John  M.  S.  McCubbin,  J.  D.  Bowling. 

Frederick  County. — Francis  Thomas,  Edward  Shriver,  Wm.  Cost 
Johnson,  John  D.  Gaither,  Daniel  S.  Biser,  Robert  Annan. 

Washington  County. — George  Schley,  Lewis  P.  Fiery,  Alexander 
Neill,  Jr.,  John  Newcomer,  Thomas  Harbine,  Michael  Newcomer. 

Montgomery  County. — J.  M.  Kilgour,  Allen  Bowie  Davis,  Washing- 
ton Waters,  John  Brewer,  James  W.  Anderson. 

Baltimore  City. — Charles  J.  M.  Gwinn,  David  Stewart,  Robert  J. 
Brent,  George  W.  Sherwood,  Benjamin  C.  Presstman,  Elias  Ware,  Jr. 


30  CONSTITUTIONAL   CONVENTIONS. 

Worc^fitei-  County.— L.  L.  Dirickson,  S.  S.  McMaster,  E.  Hearn,  Jas. 
M.  Fooks,  Curtis  W.  Jacobs. 

Harford  County.— John  Sappington,  W.  B.  Stephenson,  R.  McHenry, 
Samuel  M.  Magraw.  James  Nelson. 

Allegany  Coun^i/.— William  Weber,  Wm.  M.  Holliday,  John  Sheer 
James  Fitzpatrick,  Samuel  P.  Smith. 

Queen  Anne's  CowTjf^.— William  A.  Spencer,  William  Grason,  Enoch 
George,  Henry  E.  Wright. 

Carroll  County.— Andvev^  G.  Ege,  M.  G.  Cockey,  Joseph  M.  Parke, 
Jacob  Shower,  Elias  Brown. 

Caroline  County.— R.  C.  Carter,  John  Thawley,  Thomas  R.  Stewart, 
Edward  Hardcastle. 

0¥FiCKB.s.— President,  Hon.  John  G.  Chapman,  of  Charles  County ; 
Secretary,  George  G.  Brewer,  of  Annapolis ;  Assistant  Secretary,  Wash- 
ington B.  Chichester,  of  Montgomery  County,  Sergcant-at-Arms,  Rich- 
ard Booth,  of  Carroll  County ;  Door- Keepers,  Samuel  J.  Larabdin  and 
S.C.Herbert;  Committee  C'fcr^s,  J.  W.  Rider,  Geo.  S.  King,  J.  Mor- 
rltz,  S.  Peacock,  William  Hall. 

This  Convention  assembled  at  Annapolis,  November  4th,  1850,  and 
adjourned  Mav  13th,  1851.  The  Convention  was  ratified  by  the 
people  on  the  first  Wednesday  of  June,  and  went  into  operation  July 
4th,  1851. 


CONSTITUTIONAL    CONVENTION    OF    1S64. 

President. — Hon.  H.  H.  Goldsbokough,  of  Talhot  County. 
Saint  Marys  County.— Ch&i^vaan  Billingsley,  John  F.  Dent,  George 
W.  Morgan. 

Kent  Coimty.-'Ezekiel  F.  Chambers,  David  C.  Black iston,  George 

S.  Hollydav.  ^ 

Anne   Arundel   Cot/wf?/-— William  B.  Bond,  Eli  J.  Henkle,  Oliver 
Miller,  Spri<rg  Harwood. 

Calvert  County.— James.  T.  Briscoe.  John  Turner.  Charles  S.  Parran. 
Chai'Us  County.— John  W.  Mitchell,  Richard  H.  Edelen,  Peregrine 
Davis. 

Baltimore  County.— John  S.  Berry,  James  L.  Ridgely,  William  H 
HotTman,  Edwin  L.  Parker.  David  Kins,  Wm.  H.  Mace,  Silas  Larsh. 
Talhot  County.— Henry  H.  Goldsborough,  James  Valliant,  John  F. 
Mullikin. 

Somerset  County.— Isn^iC  D.  Jones,  James  U.  Dennis,  William  H. 
Gale,  Andrew  J.  Crawford,  John  C.  Horsey. 

Dorchester  County.— Thomas  J.  Hodson,  Alward  Johnson,  Wash- 
ington A.  Smith,  Thomas  J.  Dail. 

Cecil  County.— Thomas  P.  Jones,  George  Earle,  Joseph  B.  Pugh, 
David  Scott, 

Prince  George's  County.— Bamel  Clarke,  Samuel  H.  Berry,  Edward 
W.  Belt,  Fendall  Marbury. 

Qfieen  Anne's  County. — John  Lee,  Pcre  AVihner,  John  Brown. 
Worcester  County.— WUWam  T.  Purnell,  Tliomas  B.  Smith,  Wm.  H. 
W.  Farrow,  Francis  T.  Murray. 

Frederick  County.— ii'umuel  Kcefer,  Frederick  Schley,  David  J. 
Markey,  Andrew  Annan,  Henry  Baker,  B.  A.  Cunningham,  Peter  G. 
Schlosser. 


CONSTITUTIONAL   CONVENTIONS.  31 

Harford  Count;/. — Jolm  A.  Hooper,  William  Gallowaj',  George  M. 
McComas,  Thomas  Kiissell. 

Caroline  County. — Robert  W.  Todd,  James  D.  Carter,  Twiford  S. 
Nol)le. 

Baltimore  City. — Samuel  T.  Hatch,  Joseph  H.  Aiidoun.  Henry  Stock- 
bridge,  William  Brooks,  John  Barron,  Josepli  M.  Cushing,  John  L. 
Thomas,  Jr.,  Bahis  H.  Kennard,  Edwin  A.  Abbott,  Archibald  Stir- 
ling, Jr.,  William  Daniel. 

Washington  Connty. — Peter  Negley,  Henry  W.  Dellinger,  James  P. 
Mayhugh,  John  R.  Sneary,  Lewis  B.  Nyman,  Joseph  F.  Davis. 

Montgomery  County. — Edmund  P.  Duvall,  Thomas  Lansdale,  Geo. 
Peter. 

Allegany  County. — Albert  C.  Greene,  Hopewell  Hebb,  Jasper  Robi- 
nette,  George  A.  Thurston,  Jacob  Wickard. 

Carroll  County. — John  E.  Smith,  Jonas  Ecker,  John  Swope,  Wm.  S. 
Wooden. 

Howard  County. — Joel  Hopkins,  George  W.  Sands,  James  Skyes. 

Officers. — Secretary,  William  R.  Cole,  of  Baltimore  City  ;  Assist- 
ant Secretary,  John  H.  Shaw,  of  Allegany  County ;  Sergeant-at- Arm,% 
Alfred  D.  Evans,  of  Baltimore  City;  Committee  Clerks,  William  R. 
McCulley,  Thomas  Tipton,  George  Johnson,  S.  C.  Gorrell;  Renising 
Clerk,  John  McGarigle;  Boor- Keepers,  Moses  Anders  and  Charles 
Whittemore;  Reporter,  William  Blair  Lord;  Assistant  Reporter,  Henry 
M.  Parkhurst. 

This  Convention  met  at  Annapolis  April  27th,  1864,  and  adjourned 
September  6th,  1864.  The  Constitution  was  ratified  by  a  vote  of 
the  people,  including  the  soldiers,  on  the  12th  and  13th  days  of  Octo- 
ber, 1804,  and  went  into  effect  November  1st,  1864.  The  whole 
number  of  votes  cast  was  60,067,  of  which  30,174  were  ior  the  Con- 
stitution, and  29,799  against  the  Constitution,  and  61  blank  ballots. 
Thirty-three  ballots  reported  as  given  against  the  Constitution,  but 
not  counted,  the  persons  offering  them  refusing  to  take  the  Constitu- 
tional oath. 


INDEX   TO    CONSTITUTION. 


Action,  not  allowed  for  words  spoken  In  debate. .. 

removal  of 

Acts,  record  of,  to  be  kept  by  Secretary  of  State... 
Addition,  to  code  of  laws  to  be  published 

to  salary  of  Treasurer  or  Comptroller  not  al- 
lowed  

Adjourmnent  of  Legislature 

Adjustment  of  accounts  of  the  State 

Adjutant  General  to  be  appointed  by  Governor  — 
Advice  of   Senate    necessary  to    appointment   of 

Judges,  &c. ■ .  • . 

Affinity  of  Judges  to  parties  in  cases 

Age  of  voters 

of  Governor 

of  Senators  and  Delegates  

of  Judges 

of  Sheriff 

Agents,  no  extra  compensation  to  be  allowed  to... 
Agriculture,  Superintendent  of 

tolls  to  be  adjusted  so  as  to  promote 

Allegiance,  oath  of 

All&wance,  additional  not  to  be  made  to  Public 
Officers 

to  Senators  and  Delegates 

to  Clerks,  of  their  fees 

to  State's  Attorneys 

to  Treasurer  and  Comptroller 

Alteration  of  salaries  not  allowed 

Addrefs  of  General  Assembly  to  remove  Judges. . . 
Amendment  of  the  Constitution 

of  bills 

Annajiulis  City,  Court  of  Appeals  to  sit  in 

Appointments  by  the  Governor 

Senators  and  Delegate  not  to  receive 

by  House  of  Delegates  of  Auditors 

of  Judges  to  fill  vacancies 

of  Clerks  of  Courts  to  fill  vacancies 

of  Kegisters  of  Wills,  to  fill  vacancies 

of  Justices  of  the  Peace  and  Constables,  to  fill 
vacancies 

Eeporter  of  Court  of  Appeals,  to  fill  vacancies 

of  Sherifl's,  to  fill  vacancies 

of  State's  Attorneys,  to  fill  vacancies 

of  Comptroller  and  Treasurer,  to  fill  vacancies 

of  Surveyors,  to  fill  vacancies, 

of  Wreckmasterb,  to  fill  vacancies 

of  Adjutant  General 

of  Directors  of  Kailroad  and  Canal  Companies 

Coroners  and  Notaries  Public 

Apjjortionment  of  Delegates 

Apprcqiriations  of  money,  how  to  be  made  by  the 
Legislature 

of  proceeds  of  internal  improvement  companies 
«BC.,  restrained 

duties  of  Comptroller  in  relation  to 

Arrangement  of  code  not  to  be  altered  by  Legisla- 
ture  

An-est  of  military  officers  for  disobedience 

Assembly  to  consist  of  two  branches , 

to  meet  in  January,  biennially  

address  of  two-thirds  to  remove  Judges 

Attendance  of  absent  members  may  be  compelled 
by  each  Hoube  of  Assembly 

3a 


Art. 

Seo. 

Page. 

3 

18 

55 

4 

8 

8T 

2 

23 

87. 

3 

'29 

57 

6 

1 

20;; 

3 

15,25 

54,  5t; 

3,6 

24,2 

56,  -Mi 

9 

2 

25S 

4 

14,42 

89,161 

4 

7 

87 

1 

1 

23 

2 

6 

84^ 

3 

9 

53 

4 

2 

8<i 

4 

44 

18--> 

3 

35 

5!l 

10 

1 

2(W 

12 

2 

2m 

1 

6 

24 

S 

85 

6&' 

3 

16 

64 

3 

45 

60 

5 

8,9 

196, 197 

6 

1 

203 

3 

35 

5»' 

4 

4 

86 

11 

1,2 

401 

3 

27 

.56 

4 

14 

8!>' 

2;  10, 

11,  12,  13,  14 

;  41,42 

3 

10 

54 

3 

24 

56 

4 

5 

86 

4 

17,  25 

!)0 

4 

41 

154 

4 

43 

161 

4 

17 

90 

4 

44 

182 

5 

6,11 

106,  1!)7 

6 

1 

20a 

7 

2 

231 

7 

6 

2.34 

9 

2 

2.55 

12 

2 

2t;3 

7 

45 

2!K) 

3 

3,  4,  5 

62,  53 

8 

32 

58 

8 

84 

58 

6 

2 

203 

3 

29 

67 

2 

15 

36 

3 

1 

52 

3 

14 

54 

4 

4 

86 

90 


.55 


a 


INDEX   TO   CONSTITUTION. 


Attestation  of  the  laws  of  the  State 

of  records  of  late  Court  of  Chancery  

Attwney  General^  office  of,  created 

Attorneys  of  the  State,  their  elections,  &c 

Auditors  of  accounts  of  the  State  to  be  appointed 
by  House  of  Delegates 


Art. 
3 
7 
5 
6 


Sec. 

Page. 

30 

57 

4 

2-2.3 

1 

la-i 

7 

197 

84 


66 


Ballot 

Baltimore  City,  representation  of,  restricted 

Courts  and  Clerks  of 

organization  of  

Baltimore  and  Otiio  Railroad 

Bank  Book.  

Banks 

Behavior 

BilU 

Bonds  of  office  to  be  sued  by  order  of  House  of 
Delegates 

of  Sherifts 

of  Comptroller  and  Treasurer 

of  State  to  be  signed  by  Comptrolk  r  and  Treas- 
urer   

Books 

Borrowing 

Branclms  of  Legislature 

Bribery 

Business 


Calvei-t  County 

Canals 

Candidate,  bribery  in  regard  to  

Cases  of  State  in  Court  of  Appeals,  &c 

criminal,  jury  to  be  judges  of  law  and  fact 

Census 

Certificate 

Challenge 

Cluincery 

Change  of  Residence 

Cluirges,  of  Clerks,  &c.,  to  be  regulated 

Charles  County      

Charter  of  Banks 

of  Corporations 

Chesapeake  and  Delau'are  Canal 

Chesapiake  and  Oliio  Canal 

Circuit  Courts 

Citizen 

City  of  Baltimore— bte  Baltimore  City 

City  Council 

Classification 

Clerk's,  their  charges  to  be  regulated 

of  Court  of  Appeals 

to  notify  Attorney  General 

powers  and  duties  of 

their  election 

to  return  account  of  receipts  and  expenses.... 

Code 

Collectors 

Colored  Pcijmlation 

Command  in  Cliief 

ComrnissUms.  Public 

or  fees  not  to  1)6  leceivedby  Comptroller,  Trea- 
surer, Judges,  &c 

to  be  issued  to  Shcrifl's,  .Judues,  itc,  by  Gov- 
ernor   

of  States'  Attorneys 

CommissUmers  to  Revise  Laws . . 

of  County 

of  Land  Office 

Gommiliru-nl 

Cotmnittee  of  the  whole 

Common  Pleas,  Court  for  Baltimore  City 


1 

1 

23 

3 

4 

402 

4 

27,  &c. 

417 

11 

U&c. 

401 

12 

3 

2(i4 

2 

18 

36 

3 

39 

59 

3 

19,23 

55 

3    27 

,  28,  29,  .30 

66,57 

3 

24 

5fi 

4 

44 

182 

6 

1 

203 

6 

3 

204 

8 

16,39 

65,59 

3 

34 

58 

3 

1 

52 

1,3 

3,50 

23,61 

3 

21 

65 

3 

34 

58 

3,12 

54,2 

62,  2f;3 

1 

3 

iS 

5 

3,6 

195,  196 

15 

5 

275 

3 

4 

52 

6 

S 

204 

3 

41 

59 

7 

4 

223 

1 

1,4 

23,24 

3 

45 

60 

3 

34 

58 

3 

89 

59 

3 

48 

m 

12 

2,3 

iiA 

12 

2,3 

263,  2(i4 

4 

19,  &c. 

106 

1 

1 

401 

1,11 

5,2,3 

24,  4l)'i 

3 

8 

53 

3 

45 

60 

4 

17 

90 

5 

6 

196 

4 

10,  2fi,  .38 

87, 

,118,420 

4 

17,  25,  ^7 

90 

,118,419 

15 

1 

270 

3 

29 

57 

3 

12 

54 

3 

37,53 

69,62 

2 

8 

35 

4 

13 

88 

4,6 

6,1 

87,  203 

4 

11 

88 

6 

3,8,9 

195,  197 

3 

48 

60 

7 

1 

.3.-)1 

7 

4,5 

2^3 

3 

24 

56 

3 

21 

&>-. 

4 

S8 

417 

INDEX   TO   CONSTITUTION. 


lit 


Akt, 

Companies 3 

Compensation  of  Governor 2 

of  Secretary  of  State  2 

of  Senators  and  Delegates 3 

of  Public  Officers 3 

for  i^laves 3 

for  private  property  taken 3 

of  Clerks,  Resist  err-,  &c  3 

of  officers  of  Courts 4 

of  Judges  of  Courts  of  Appeals 4 

of  Judire  of  Circuit  Court 4 

of  Judires  of  Baltimore  Courts 4 

of  Clerks  of  Baltimore  Courts 4 

of  Judges  of  Orphans"  Courts 4 

of  Justices  of  the  Peace  4 

of  Attorney  General 6 

of  State's  Attorney S 

of  Comptroller  and  Treasurer 6 

of  Surveyors 7 

of  State  Librarian T 

of  Commissioner  of  Laud  Office 7 

of  Wreck-Master  7 

of  Adjutant  General 9 

Compenmtion  ot  officers  generally 15 

Competition 1* 

Complaints 3 

ComptroUer  of  Treasury 2,  b 

Concitrrence ^'4 

Congress 1'  ^ 

Consanffiiinity. .   4 

Contingent  Fund « 

Contracts  for  public  offices  to  be  examined a 

for  public  debt 3 

extra  compensation  not  to  be  allowed 3 

Convention 14 

Cton«'i<^<io/)  of  criminals 1 

of  Public  Officers 3,4,o;36, 

Coroners ^ 

Coiixiratifms « 

Counties,  to  form  Senatorial  Districts o 

not  to  contract  debts 3 

to  be  formed i^ 

County  Commissioners 4,  7 

Courts,  laws  to  be  certified  to o 

the  Judicial  powers  of  the  State 4 

the  Circuit  Courts 4 

Baltimore ^    ^^  ^^ 

Clerks 4:  10,  1<, 

the  Orphans'  Court,  &c 4 

trials  by  Jury 4 

Continued 1^ 

Court  of  Appeals  ^'4 

Courts  Martial * 

r/-erfj<  of  State  not  to  be  given o 

Criine ••  1' ^ 

Criminal  Court  of  Baltimore  City 4 

Debate f 

Debts  not  to  be  contracted  by  Legislature a 

of  a  husband     | 

exemption  from     ^ 

imprisonment  for ^ 

of  a  State 3,  b 

Decisions  of  Governor  to  be  reported  to  Legislature  j 

of  Court  of  Appeals  to  be  published 4 

Defaulters ^ 

Defence f 

DeHciencies   ^ 

Delegates,  election  district  for « 

returns  of  elections  for  Governor ■* 

apportionment  of | 

how  elected— term  of  office « 


Sec. 


Page. 


84,39,48 

58,  59,  m 

21 

Wi 

22 

31 

15 

54 

35 

6'.' 

37 

f/i 

40 

5'j 

45 

fifi 

9 

87 

24 

107 

24 

lOV 

31 

41h 

37 

4j;. 

40 

147 

42 

Kil 

3 

lit:-: 

9 

197 

1 

2<ir-^ 

2 

2B1 

3 

219 

4 

2i-: 

6 

2S4 

o 

25.- 

1 

270 

2 

2ft:; 

24 

m; 

8.    1, 

&c.        20:^ 

25,    4 

66,  8^; 

3,10 

23,54 

7 

3<; 

32 

5« 

24 

5<-. 

34 

^ 

35 

C9 

1 

84 

o 

2;-! 

4,1,11;  56, 86  154,  lit: 

45 

295 

34,  48,  58 

58,  60,  m 

2 

&t 

54 

m 

1 

265 

42,1 

161,  351 

30 

57 

1 

&•; 

li).  . 

&C.         10«, 

ar, . 

Sc.         417 

25,37;  118,90,107,4111 

40 

147 

8 

87 

2 

25,  b- 

30,14 

57,89 

15 

3(i 

34 

58 

2,24 

23,  m 

30,36 

418,  419 

18 

55 

34 

68 

43 

60 

44 

6(1 

38 

59 

35,   2 

69,20;^ 

20 

3(> 

16 

90 

12 

as 

34 

68 

34 

68 

2 

£2 

8,3 

33,  S4 

3,4,5 

53,  iV, 

6,7 

53 

IV 


INDEX   TO   CONSTITUTION. 


Delegates,  qualifications  of 

ineligibility  of  Congressmen 

Ineligibility  of  ministers . .     ...  

ineligibility  of  defaulters 

provisions  for  vacancies 

compensation 

disqualified  to  hold  certain  offices 

not  liable  for  words  spoken  in  debate 

powers  of,  as  Grand  Inquest 

Denominations  of  Religion 

Dkninution  of  salaries,  &c.,  forbidden  

Directoi-s  in  Railroads  and  Canal  Companies 

Blifrancfiisemetit  for  perjury 

Disquiilifiration  of  convicts,  lunatics,  &c 

for  ijribery,  &c 

of  Senators  and  Delegates 

of  Judges 

Districts,  provisions  about  removal 

legislative  in  Baltimore 

judicial 

for  Justices  of  the  Peace 

Divorce 

Duellists 

Uducation 

Elections,  qualifications  of  voters,  &c 

disqualification  of  criminals 

■bribery,  illegal  voting,  &c 

to  be  held  on  refusal  to  take  oath 

of  Governor 

of  Senators  and  Delegates 

Srovisions  for  vacancies 
isqualifications 

purity  of 

contested 

regulation  of 

of  Judge  of  Circuit  Courts 

provisions  for  death,  &c.  of  Judges 

returns  of  

general  elections,  when  held 

of  Judge  of  Court  of  Appeals  from  Baltimore  . 

of  Clerk  of  Court  of  Appeals 

«f  Baltimore  Courts 

of  Clerks  of  Courts 

of  Judges  of  Orphans'  Courts  and  Registers 
of  Wills....  : 

of  Sheriffs 

of  Attorney  General 

of  State's  Attorneys 

of  Treasurer,  Comptroller,  &c 

of  County  Commissioners 

of  Surveyors 

of  Wreck-Master 

cases  of  a  tie,  &c 

Elective  Franchise 

Electoral  Districts 

Electors 

Eligibility  of  Governor 

of  Senators  and  Delegates 

of  Defaulters 

of  Jud.izes 

of  Clerks  of  Courts 

of  Judges  of  Orphans'  Courts,  Registers  of 
Wills, &c 

of  Slierift's,  &c 

of  Attorney  General 

of  State's  Attorucj 

of  Mayor 

Elisor 

Enactments,  style  of  Law.s 

passage  of  bills. .  :  

to  carry  into  executiou  powers  vested  by  Con- 
Btitutiou 


Art. 

Sec. 

Page. 

3 

9 

53 

3 

10 

64 

3 

11 

64 

3 

12 

54 

3 

18 

64 

3 

16 

54 

3 

17 

55 

3 

18 

65 

3 

S4 

66 

3 

11 

54 

4 

81 

418 

12 

2 

2<53 

1 

1 

24 

1 

2 

23 

1 

3 

23 

3 

10 

54 

4 

7 

87 

1 

1,4 

23,24 

3 

2,4 

62 

4 

19 

106 

4 

42 

161 

3 

33 

58 

3 

41 

59 

8 

1 

237 

1 

1 

23 

1 

2 

23 

1 

3 

23 

1 

7 

24 

2 

2 

33 

.3 

2,6,7 

62,53 

3 

13 

54 

3       9, 

10,  11,  12 

63,54 

3 

42 

60 

3 

47 

60 

3 

49 

61 

4 

3 

86 

4 

6 

86 

4 

11 

88 

15 

7 

25 

4 

14 

89 

4 

17 

90 

4 

31 

418 

4 

25,37 

107,  419 

4 

40,41 

147,  154 

4 

44 

ISi 

5 

1 

195 

5 

7 

197 

6 

1 

203 

7 

1 

351 

7 

2 

m 

7 

fi 

234 

15 

4 

25 

1 

1 

23 

1 

1 

23 

1 

3 

23 

2 

4,5 

34 

3 

9, 10,  11 

63,54 

3 

12 

54 

4 

2,3 

86 

4 

25 

107 

4 

40,41 

147,  154 

4 

44 

182 

5 

4 

19e 

5 

10 

197 

11 

1 

401 

4 

46 

295 

3 

29 

57 

;i 

28 

57 

66 


62 


INDEX   TO   CONSTITUTION. 


Art, 

Endorsement  upon  Warrants 6 

Enumeration  of  Populatiou 3 

Equity 4 

Evidences,  no  exdnsioii  ou  account  of  race  or  color  3 

Execution  of  laws  to  be  eiifoiced  by  Governor... .  2 

exemption  of  property  from  3 

of  powers  vested  by  Const itutiou 3 

Executive  powers  vested  in  Governor 2 

how  elected,  &c 2 

contingent  fund 3 

appointments  by 2 

Exemption,  of  words  in  debate 3 

of  property  from  execution 3 

Expenditure  for  books,  &c 3 

House  of  Delegates  to  inquire  into 3 

of  public  money 3 

Comptroller,  Treasurer,  &c 6 

Expiration  of  term  of  office  of  Sherifl' 4 

Expulsion  of  Members 3 

^acfe— in  trials  by  Jury 15 

Faith— of  the  State 3 

J^(S€«  of  Clerks,  &c 3 

of  State's  Attorney 5 

not  to  be  received  by  Treasurer  or  Comptroller  6 

of  Commissioner  of  Land  Office 7 

over  three  thousand  to  be  paid  to  Treasurer. .  15 

Fines  for  illegal  voting 1 

may  be  remitted  by  the  Governor 2 

Forces 2 

Forfeitures 3 

Franchise — Election 1 

Free  Public  Sclwols 8 

Fund 3,  6,8 

General  Assembly,  (see  Legislature) 

General  Election 15 

Given — credit  of  the  State  not  to  be 3 

Gospel 3 

Governor,  oath  of. 1 

term  of  office  four  years 2 

to  enter  office ; 2 

mode  of  elections  and  returns 2 

case  of  tie 2 

eligibility 4 

qualifications 2 

vacancies  and  impeachment 2 

his  powers  and  duties 2 

to  execute  laws 2 

to  appoint  all  officers 2 

time  of  appointments 2 

to  remove  officers 2 

to  convene  the  Legislature 2 

veto  power 2 

to  examine  Treasury  Accouuts 2 

messages ,. 2 

pardoning  power '. 2 

residence  and  salary 2 

to  appoint  Secretary  of  State 2 

to  arrange  representation  in  House  of  Dele- 
gates   3 

to  issue  warrants  of  election 3 

proclamation  to  convene  Legislature 3 

to  sign  bills 3 

may  recommend  releasing  debts 3 

to  appoint  Commissioners  to  revise  laws 3 

to  remove  Judges ,  4 

to  appoint  Judges  to  fill  vacancies 4 

returns  of  election  to  be  certified  to 4 

to  order  new  election  in  case  of  tie 4, 15 

to  sign  public  grants 4 


8ec. 

Paoe. 

3 

2(W 

4 

52 

18,29 

80,  413 

53 

62 

9 

ST) 

44 

60 

66 

62 

1 

33 

2 

33 

32 

58 

18,14 

35 

18 

55 

44 

60 

16 

55 

24 

56 

32 

58 

2 

203 

44 

182 

19 

65 

6 

275 

34 

58 

45 

60 

8,9 

195, 197 

1 

203 

4 

223 

1 

270 

4 

24 

20 

3<; 

8 

35 

20 

86 

1 

23 

1 

237 

34,3,3;  59, 

204,237 

7 

25 

34 

58 

11 

64 

6 

24 

1 

33 

3 

34 

2,3 

33,34 

4 

34 

2 

86 

5 

34 

6,7 

34 

8 

a5 

9 

35 

10,  11,  12 

35 

13,14 

&5 

15 

36 

16 

36 

17 

36 

18 

36 

19 

80 

20 

86 

21 

37 

22 

87 

6 

63 

13 

54 

14 

54 

30 

57 

33 

68 

48 

60 

4 

86 

5,40 

86,  147 

11 

88 

12,4 

88,25 

13 

68 

VI 


INDEX  TO   CONSTITUTICN. 


Governor  to  designate  Chief  Justice  of  Court  of 

Appeals 

to  appoint  Justices  of  the  Peace ;.. 

to  appoint  Justices  of  the  Peace  to  fill  vacancies 
to  appoint  Sherifts,  &c.  to  fill  vacancies. ...... 

to  appoint  Attorney  General  to  fill  vacancies 

to  appoint  State  Librarian •  ■  • .  •  ■  •  • 

to  appoint  Treasurer  and  Comptroller  to  fill 

vacancies 

to  appoint  Adjutant  General 

to  declare  office  of  defaulters  vacant 

Omernment,  place  of,  may  be  exchanged 

Governor  to  reside  at  seat  of 

laws  to  be  passed  to  execute  powers  of 

Grand  Inquest 

Graft  ts  by  Legislat  ure 

of  charters  for  banks 

of  land  from  United  States 

form  of 

Ch-eat  Seal 

Grievances 


Habeas  Corpus ••"••••, •• 

H<mses  of  Asser)ibly,  (see  Legislature), 
House  of  Delegates,  (see  Legislature).. 
Hwband  and  Wife 


Impeachment 2, 

Imp7'isonment ^' 

Incompetency ■^' 

Indictment 

Individuals,  credit  to 

IndiqibUity,  (see  eligibility) 

Information ■ 

Inquest i 

Inquiries 

Insolvent 

Instruction 

Insurrection 

Interest 

Intern  al  Improvenunts 

Invasion • 


Jail 

JoumoXs 

Judges,  oath  of •,••••. ^  ■ ;  • 

each  House  of  Legislature  to  be,  in  certain 
cases 


qualifications  of 

elections  of 

term  of  office 

retiring  for  inabilily  

removal  for  incompetency 

vacancies 

conservators  of  the  peace 

disqualifications 

trial  without  jury 

removal  of  cases 

to  appoint  officers  of  Courts 

to  investigate  expenses  of  Courts.., 

to  make  rules  for  Clerks 

election  returns 

case  of  a  tie,  new  election 

Court  of  Api)cal8 

quorum  of  Court  of  Appeals 

Judge  not  to  sit  below 

opinions  in  three  months 

to  bear  cases  al  first  term   ...   

to  di'si','n;Ue  casch  to  l)e  reported.  . 
to  appoint  clerk  in  case  of  vacancy. 


Art. 

Sec. 

Page. 

4 

14 

89 

4 

42 

161 

4 

43 

161 

4 

44 

182 

6 

6 

196 

t 

8 

219 

6 

1 

203 

9 

2 

255 

15 

1 

270 

2 

16 

36 

2 

21 

37 

3 

56 

62 

3 

24 

56 

3 

22 

55 

3 

39 

59 

3 

46 

60 

4 

13 

88 

3 

30 

57 

3 

24 

56 

3 

65 

62 

8 

43 

60 

3,4 

7,  20,  26,  4  34,36,56,86 

1,3 

4,  23,  38 

24,  55,  59 

2,4 

15,4 

36,  86 

4 

13 

88 

3 

34 

68 

2 

19 

86 

3 

S4 

56 

3 

24 

56 

4 

28 

417 

8 

1 

2.37 

2 

8 

35 

3 

34,57 

60,  62 

3 

34,54 

58,  62 

2 

8 

35 

3 

84 

66 

3 

22 

66 

1 

6 

24 

3 

19 

65 

4 

2 

86 

4 

3 

86 

4 

3 

86 

4 

3 

86 

4 

4 

86 

4 

5 

86 

4 

6 

87 

4 

7 

87 

4 

8 

87 

4 

8 

87 

4 

9 

87 

4 

9 

87 

4 

10 

87 

4 

11 

88 

4 

12 

88 

4 

14 

8'.l 

4 

16 

90 

4 

15 

SK) 

4 

15 

90 

4 

15 

(10 

4 

16 

90 

4 

17 

90 

INDEX   TO   CONSTITUTION. 


Vll 


Art. 


Sec. 


Page. 


Judgefs,  to  make  rules  about  records ;   practice, 

costs,  fees  and  equity  cases 4 

of  Circuit  Courts 4 

their  jurisdiction 4 

Chief  and  two  Associates  for  each  Circuit....  4 

terms  of  Circuit  Courts 4 

one  Judge'may  sit 4 

points  to  be  heard  in  banc 4 

rii;ht  of  appeal  preserved 4 

ojiinioiis  in  two  mouths 4 

sahiries 4 

ai)i)oint  Clerks  to  fill  vacancies 4 

to  approve  Deputy  Clerks  4 

of  Courts  in  Baltimore 4 

jurisdiction    4 

Supreme  Bench  of  Baltimore 4 

salaries 4 

assignment  of,  in  Baltimore 4 

make  rules  for  Supreme  Bench 4 

right  of  appeal  preserved 4 

Chief  Judge  of  Supreme  Bench  to  test  writs..  4 

quorum,  three  Judges  4 

cases  pending  to  be  proceeded  with 4 

of  Supreme  Bench  to  appoint  Clerks  to  fill 

vacancies : . . . .  4 

another  Court  in  Baltimore ,.  4 

of  Orphans' Court 4 

of  Orphans'   Court  to  appoint    Registers  of 

Wills  in  cases  of  vacancy 4 

of  Criminal  Courts  to  decide  on  elections  of 

State's  Attorneys.      •   5 

to  till  vacancies  in  office  of  State's  Attorneys  5 

Land  OUice 1 

right  of  jury  in  criminal  cases 15 

Ji/m«irfio«  of  Court  of  Appeals 4 

of  Circuit  Courts 4 

of  Courts  in  Baltimore  City 4 

of  Supreme  Bench  in  Baltimore  City 4 

of  another  Court  in  Baltimore  City 4 

of  Baltimore  Courts  may  be  changed  by  Leg- 
islature   4 

of  Orphans'  Court 4 

of  Justices  of  the  Peace 4 

Jury 3,  4,  15 

Jmliceqf  tlie  Peace 4 

Land  Office 7 

Larceny 1 

Laws  against  illegal  voting 1 

to  he  enforced  by  the  Governor 2 

recommeudatiou  of  Governor 2 

Bty le  of 3 

mode  of  enactment 3 

special  and  local 3 

amendments  of 3 

Btatements  about  public  money  to  be  published 

with 3 

when  to  take  effect 3 

mode  of  attesting  and  recording 3 

to  protect  wife's  property 3 

of  exemption 3 

to  regulate  clerks'  fees 3 

about  master  and  slaves 3 

granting  Charters  to  Banks 3 

to  take  private  property  for  public  use 3 

about  corporations 3 

contested  elections 3 

for  regulation  of  elections 3 

agaiu'^t  bribery 3 

suspending  haheax  coi-jyiis  prohibited 3 

for  executing  vested  powers 3 

about  the  legal  rate  of  interest 3 


18 

90 

19 

IWi 

20 

m\ 

21 

106 

21 

10« 

21 

IW) 

22 

lOT 

22 

107 

23 

107 

24 

107 

25 

107 

26 

108 

27 

417 

28 

417 

31 

418 

31 

418 

32 

418 

33 

418 

33 

418 

34 

419 

35 

419 

36 

419 

37 

419 

39 

420 

40 

147 

41 

164 

8 

197 

11 

197 

4 

2A3 

5 

275 

14 

89 

20 

106 

28,  29,  30 

417,  418 

33 

418 

39 

420 

39 

420 

40 

147 

42 

182 

40,  3,  5,  6 

59,  -^75 

3,42,43 

11,161,54 

4,5 

223 

o 

23 

3,4 

23,24 

9 

35 

19 

36 

29 

67 

80,31 

57 

33 

58 

29 

67 

32 

58 

31 

68 

30 

57 

43 

60 

44 

60 

45 

60 

37 

59 

39 

.59 

40 

59 

48 

(iO 

47 

60 

49 

61 

50 

61 

55 

62 

66 

62 

57 

62 

Vlll 


INDEX   TO   CONSTITUTION. 


iaw*  for  taxation  of  foreign  corporations 

about  Pension  Commissioner  prohibited 

for  another  Court  in  Baltimore  City 

about  Justices  of  the  Peace , 

about  Coroners,  &c 

State's  Attorneys  fees 

Legislature,  to  pass  laws  against  illegal  voting.... 

to  provide  registration  laws 

oath  of ■•   

provision  about  election  of  Governor. .       ... 

provisions  about  vacancies 

consent  to  Governor's  commanding  militia  .. 

Governor  not  to  appoint  persons  rejected  by 

extra  sessions  of 

may  pass  laws  over  veto 

recommendation  from  Governor 

Governor  to  report  to,  reasons  for  pardon 

to  consist  of  two  branches  

election  and  classitication  of  Senators 

apportionment  of  Delegates 

election  of  Delegates 

classification  ofSeuators 

qualification  of  members 

persons  ineligible 

vacancies ; 

time  of  meeting 

time  of  adjournment 

compensation 

books  not  to  be  purchased 

disqualified  to  hold  other  offices .   

freedom  of  debate 

powers  of  each  House 

quorum 

sessions  to  be  open 

journals  to  be  published 

imprisonment  of  disorderly  persons 

powers  of  House,  as  Grand  Inquest 

special  adjournments 

impeachments 

either  House  may  originate  bills 

passage  of  bills .' 

style  of  laws  and  mode  of  enactment 

mode  of  attesting  laws  

when  laws  to  take  eflect 

appropriations  of  money  to  be  made  by  law.. 

contingent  fund 

statement  of  use  of  public  moneys  to  be  pub- 
lished  

divorces  not  to  be  granted  

local  and  special  la ws  not  to  be  passed 

debts  not  to  be  contracted 

credit  of  the  State  not  to  be  granted 

proceeds  of  internal  improvement  companies 
and  State  tax,  to  be  used  to  pay  public  debt 

to  borrow  fifty  thousand  dollars 

may  contract  debts  for  defence  of  the  State... 

no  extra  compensation  to  be  allowed 

Lotteries  prohibited 

payment  for  slaves  prohibited 

imprisonment  for  debt  prohibited 


provision  about  Bank  Charters 

private   property  taken  for  public  use  to  be 

paid  for 

duelling  prohibited 

purity  of  elections 

wile's  property  to  be  protected 

exemption  laws 

uniform  system  of  charges 

may  receive  liiiid  from  United  States 

contested  elections 

corjiorations  to  be  formed  under  general  laws 

regulation  of  elections 

bribery 

taxation  of  personal  property 


^RT. 

Sec. 

Page. 

3 

68 

62 

o 

59 

62 

4 

39 

420 

4 

42 

161 

4 

45 

295 

5 

9 

197 

1 

4 

24 

1 

5 

24 

1 

6 

24 

2 

8,4 

34 

2 

7 

34 

2 

8 

35 

2 

12 

35 

2 

16 

36 

2 

17 

36 

2 

19 

36 

2 

20 

36 

3 

1 

52 

3 

2 

52 

3 

8,4,5 

62,  53 

3 

6,7 

53 

3 

8 

58 

3 

9 

59 

3 

10,  11,  12 

54 

3 

13 

54 

3 

14 

54 

3 

15 

54 

3 

15 

54 

3 

16 

55 

3 

17 

55 

3 

18 

55 

3 

19 

55 

3 

20 

55 

3 

21 

55 

3 

22 

55 

3 

23 

65 

3 

24 

56 

3 

25 

56 

3 

26 

56 

3 

27 

56 

3 

28 

57 

3 

29 

57 

3 

30 

67 

3 

31 

58 

;{ 

32 

58 

3 

32 

68 

3 

32 

68 

3 

33 

68 

3 

33 

68 

3 

84 

68 

3 

84 

68 

3 

84 

68 

3 

84 

68 

3 

84 

58 

3 

85 

69 

3 

86 

69 

3 

87 

69 

8 

88 

69 

8 

89 

69 

R 

40 

69 

8 

41 

69 

3 

42 

60 

3 

43 

60 

3 

°   44 

60 

3 

45 

60 

3 

4(i 

60 

3 

47 

60 

8 

48 

60 

8 

49 

61 

8 

50 

61 

8 

61 

61 

INDEX   TO   CONSTITUTION. 


IX 


Abt. 


Seo. 


Page. 


Legislature,  appropriations  for  private  claims 

witnesses 

counties  uot  to  contract  debt 

hal»eas  corpus 

to  pass  laws  to  execute  vested  powers 

rate  of  iuterest  to  be  provided 

foreigu  corporations  to  be  taxed 

office  of  Pension  Commissioner  abolished. ... 

address  of,  to  remove  J  udges 

to  provide  compensation  for  Court  officers.... 

sessions  of  Court  of  .\pi)eals 

reports  of  cases  in  Court  of  Appeals . 

rules  for  appeals,  records,  &c 

may  provide  another  Court  in  Baltimore 

to  "fix  compensation  of  Judges   of  Orphans' 
Court 

Coroners,  Elisors  and  Notaries 

to  elect  State  Treasurer 

reports  of  Comptroller  and  Treasuier 

provisions  about  County  Commissioners 

provisions  about  Surveyors 

provisions  about  Wreck-Master 

Educaiiou 

Militia 

City  of  Baltimore 

Amendments  to  Constitution 

Miscellaueous 

Liabili/y 

Librarian 

term  of  office 

Lot 

Lottery 

Lunatics : 


Majority  of  each  House  to  be  a  quorum 

of  each  House  required  to  pass  bills 

of  House  of  Delegates  to  concur  in  impeach- 
ments  

Mayor  of  Baltimore 

Meetings  of  Legislature,  extra 

of  Letrislature,  regular 

of  Court  of  Appeals 

Members  of  House  of  Delegates 

of  Senate 

persons  ineligible 

compensation  

Members  of  Congress 

Messages  of  Governor 

Mileage 

Military 

Minister 

Misbehavior,  removal  of  officers 

Court  Martial 

Clerk  of  Court  of  Appeals 

Clerks  of  Circuit  Courts 

Register  of  Wills 

State's  Attorney 

Miscdkiiiemis 

Money,  penalties  for  giving,  to  procure  votes 

abuses  in  expenditure  of 

uot  to  be  drawn  from  Treasury  without  ap- 
propriation  

publication  of  receipts  and  expenditures 

debts  uot  to  be  contracted  by  Legislature 

defaulting  Collectors  ineligible  — 

duties  of  "Comptroller  and  Treasurer 

compensation  of  officers  not  to  exceed  three 
thousand  dollars 

trial  by  jury  for  all  sums  above  five  dollars... 
Municipal  'Corporations 


3 

52 

61 

3 

63 

62 

3 

54 

62 

3 

55 

62 

3 

56 

62 

3 

57 

62 

3 

68 

62 

3 

68 

62 

4 

4 

86 

4 

9 

87 

4 

14 

8!t 

4 

IG 

90 

4 

18 

90 

4 

89 

420 

4 

40 

147 

4 

45 

2!(5 

6 

1 

203 

(> 

2,4 

20:^4 

7 

1 

351 

7 

2 

231 

7 

6 

234 

8 

1 

237 

9 

1 

255 

11 

9 

403 

14 

1 

70 

15 

1 

270 

3 

18,  3!t 

55,  59 

".,7 

24,  3 

50,  219 

15 

9 

219 

2 

4 

34 

3 

36 

r>{) 

1 

2 

23 

3 

SO 

65 

3 

28 

67 

3 

26 

56 

11 

1,5,6 

401,  402 

•3 

16 

36 

3 

14 

54 

4 

14 

89 

3 

6 

53 

3 

7 

53 

3 

9,10,11,12 

63,54 

3 

15 

54 

3 

10 

54 

o 

19 

36 

3 

16 

64 

2,9 

8,1 

85,255 

3 

11 

54 

2 

15 

36 

■2 

15 

30 

4 

17 

90 

4 

25 

118 

4. 

41 

154 

5 

1,7 

195,  197 

1.5 

1 

270 

1 

3 

23 

3 

24 

56 

8 

32 

.58 

3- 

32 

58 

3 

34 

58 

3 

12 

54 

6 

2.3 

203,  204 

15 

1 

271 

15 

6 

275 

8 

48 

60 

INDEX   TO   CONSTITUTION. 


Art, 


Sec. 


Page. 


Name 

Naval  Force 

Nccjroen  

Neivspapers 

Nolle  Prosequi 

Notnination 

Non  Compos 

Notaries 

Notes 

Notice  of  application  for  partlou 

of  clectiou  for  iSeuator  or  Dolugate 

Numbtr  of  votes  for  Governor 

of  Senators  and  Delcgaten 

necessary  to  constitute  quorum,  &c ... 

majority  of  votes  necessary  to  pnss  laws 

majority  of  House  to  concur  in  inipeaclimeuts 

two-thirds  of  each  House  to  concur  in  address 
to  remove  Judges 

of  Justices  of  the  Peace 

of  County  Commissioners 

of  population  for  new  county....   

new  election,  when  equal 


Oath  of  officers 

of  office 

perjury  : 

House  of  Delegates  may  inquire  on 

impeachments • 

to  report  of  entries  in  book  of  receipts  of 

officers 

Offence 

Officer,  disfranchisement  for  perj ury 

bribery 

form  of  oath : 

perjury 

military  to  be  appointed  Governor 

vacancies 

persons  rejected  not  to  be  appointed.  .   

time  of  nomination 

term  of  office 

removals 

Senators  term  of  office 

Delegates  term  of  office 

qualiti cation  of  Legislators 

eligibility 

no  extra  compensation  to  be  allowed 

powers  of  Legislature  to  send  for  persons  and 

papers 

vacancies  in  office  of  Legislator 

compensation  of  Senators  and  Delegates 

defaulters  ineligible 

duelists  ineligible 

of  Banks  not  to  borrow  money 

pul)lic  commission 

returns  of  election 

new  election  in  case  of  a  tie,  &c 

sundry  officers 

Commissioner  of  Land  Office 

Klate  Librarian 

County  Commissioners 

Surveyors  

Wreck-Master 

Education 

Militia 

of  City  of  Baltimore 

of  i'ul)lic  Works 

compensation  of  officers  not  to  exceed  three 
tliousand  dollars 

coiitiiiuation  of  certain  persons  in  office 

commencement  of  tlicir  terms 

before  whom  to  qualify 

Opinion 


1 

4 

24 

2 

8 

35 

3 

37 

59 

2 

20 

86 

2 

20 

36 

2  10,11,12,13,14 

35 

1 

2 

23 

4 

45 

245 

3 

39 

59 

2 

20 

86 

3 

13 

54 

2 

4 

34 

3 

2,3,4 

52 

3 

20 

55 

3 

28 

57 

3 

20 

56 

4 

4 

86 

4 

42 

161 

7 

1 

351 

13 

1 

265 

IC 

4 

25 

1 

6 

24 

1 

6,7 

24 

1 

7 

24 

3 

24 

56 

3 

26 

56 

15 

1 

270 

2,3 

15,24 

36,  5(i 

1 

7 

24 

1 

3 

23 

1 

6 

24 

1 

7 

24 

2 

10 

35 

2 

11 

35 

2 

12 

35 

2 

13 

35 

2 

13 

35 

2 

15 

36 

3 

3 

52 

O 

n 

53 

3 

9,  10,  11 

53,  54 

3 

12,  n 

54,  55 

3 

35 

59 

3 

24 

56 

3 

13 

54 

3 

15 

54 

3 

12 

54 

3 

41 

59 

3 

39 

69 

4 

13 

88 

4 

11 

88 

4 

12 

88 

1 

1 

351 

1 

4 

223 

7 

3 

219 

7 

1 

351 

7 

2 

231 

7 

(i 

234 

8 

1 

237 

•) 

1 

255 

11 

1 

40 

12 

1 

263 

15 

1 

270 

15 

2,3 

23 

15 

!) 

108 

15 

10 

4,5 

15,23,3; 

!)0,10-,195 

INDKX   TO   CONSTITUTION. 


XI 


Origin  of  bills. . . 
Orpluins'  Courts. 


Pardrms . . 

FartkUity 

Party,  rii,'ht  of  Jury  tri.il 

affluity  to  Jii(ly;c 

removal  of  cai*fs 

State  Cases  iu  Court  of  Appeals,  &c 

Peuce  

Penalties  for  bribery 

for  pcrj ury , 

for  disorderly  conduct 

for  uou-atteudauce 

Pension  Cam  in  i^mlaner 

People,  elections  by   

ameudmeuls  of  Constitution 

Perjury 

PerguUii/es 

Petition 

Place,  extra  sessions  of  Legislature , 

of  adjournment  of  Legislature  

of  meeting  of  Court  of  Ajjpeals 

of  otHces  of  Treasurer  and  Comptroller. 

Phirality 

Powers,  executive  vested  in  Governor 

veto 


pardouiu  J 

of  each  House  of  the  Legislature. 


of  House  of  Delegates. 

to  pass  necessary  laws 

judicial 

of  Court  of  Appeals 

of  Circuit  Judj'es 

of  Court  in  Baltimore 

of  Judges  of  Orphans'  Courts 

of  Board  of  Public  Works 

of  Juries  in  Criminal  Cases 

l*reacher 

Presents 

Presentment 

President  of  Senate 

Printing 

Privileges 

Proclamation 

P)-oJits 

Property  of  wife  to  be  protected 

exemption  laws 

taken  for  public  use 

Prosecution 

Protection 

Publication  of  Journals  of  Legislature 

of  laws 

of  statement  about  public  moneys  .  .. 

of  decisions  of  (!ourt  of  Appeals 

of  Treasurer''s  Report 

Puhlicity 

Public.  Debt 

PuIiVk  Instructvon 

Public  Works 

Punislimciit  for  bribery 

for  illegal  voting 

of  disorderly  members  of  Legislature. 

of  other  persons  by  Legislature 

of  Bank  officers 

Puixhase   

Qualifications  for  suflrage 

oath  of  office 

of  Governor 

of  (senators  and  Delegates 

of  Judges 

of  Judges  of  Orphans'  Courts 


Art. 

Sec. 

Page. 

3 

27 

56 

4 

40 

147 

1,2 

2,30 

23,  36 

1 

U 

24 

4,1,5 

21,0 

107,  108 

4 

7 

87 

4 

8 

87 

5 

3 

195 

4 

6 

87 

1 

3 

23 

1 

7 

24 

3 

19,  23 

55 

3 

20 

55 

3 

59 

62 

3 

2,6 

52,  53 

14 

1 

70 

1 

1 

24 

6 

1 

203 

2 

30 

36 

2 

16 

36 

3 

26 

66 

4 

14 

89 

6 

1 

203 

2 

8 

34 

2 

1 

33 

2 

17 

36 

2 

30 

36 

3 

19,33 

55 

3 

SM,  26 

66 

3 

56 

62 

4 

1 

38 

4 

16  18 

90 

4 

21,  22 

10(!,  107 

4 

28,  &c. 

417 

4 

40 

147 

12 

1 

2()3 

1,5 

5 

275 

3 

11 

64 

1 

3 

23 

3 

24 

66 

2 

7 

34 

3 

24,30 

56,57 

3 

18 

55 

3 

14,  15 

54 

1 

3,6 

23,24 

3 

43 

60 

3 

44 

(iO 

3 

40 

59 

3 

18 

55 

3 

48,44 

HO 

3 

22 

55 

3 

30 

57 

3 

32 

58 

4 

16 

90 

(! 

4 

204 

3 

21 

,55 

3,0 

34,  2,  3 

58,  203 

,s 

1 

237 

3,12 

34,1 

58,  203 

1 

3 

23 

1 

4 

24 

3 

19 

55 

3 

23 

55 

3 

39 

50 

3,6 

16,  24,  3 

.55,  56,  204 

1 

1 

23 

1 

6,7 

M 

o 

5 

34 

3 

9,  10,  11,  12 

53,  54 

4 

2 

86 

4 

40 

147 

Xii  INDEX   TO  CONSTITUTION. 


Art.  Sec.  Pace. 


Quaiiflcaf'wns  of  Sheriff. 4 

of  Attorney  General 5 

of  State's  Attorney  6 

of  Mayor 11 

Questlom 3 

Qiwrum 3 

Eace—OT  color 3 

RaUroads • 12 

Reading  oi  bills  on  three  difl'ereut  clays 3 

Reasons  for  pardon 2 

Recmnmendatimis  of  Governor 2 

Receipts 3i  ^ 

Receivers 3,  6 

Recess 2 

Records  of  Secretary  of  State 3 

of  Yeas  and  Nays 3 

Honse  of  Delegates  may  call  for 3 

of  laws  of  the  State 3 

Reference 3 

Refusal  to  take  oath 1 

of  voters 1 

Registration 1 

Regvlation  for  removals  of  cases 4 

of  fiscal  aflairs  by  Comptroller 6 

Rejections 2 

Relations 4 

Religion 3 

R&noval  oi  \oieTe, 1 

of  Governor  from  the  State 2 

of  military  officers 2 

of  place  of  meeting  of  Legislature 2 

of  Secretary  of  State 2 

of  Senators  and  Delegates 3 

of  Clerk  of  Court  of  Appeals 4 

of  Judges 4 

of  Clerks  of  Circuit  Courts 4 

of  Registers  of  Wills 4 

of  Justices  of  the  Peace 4 

of  Sheriffs 4 

of  cases 4 

of  State's  Attorneys o 

Rejwrts 2,4,6,15 ; 

Representaticm 3 

Repirieve 2 

Residence  of  voters 1 

of  Governor 2 

•    of  Senators  and  Delegates 3 

of  Judges 4 

of  Sheriffs 4 

of  State's  Attorneys 5 

Resignation  of  officers  elected 1 

of  Governor,  &c 2 

of  Senators  and  Delegates 3 

of  Judges,  &c 4 

Returns  of  election  for  Governor 2 

for  other  officers 4 

Returns  for  State's  Attorneys 5 

to  be  regulated  by  Legislature _    3 

Revenue 3,  <i 

Ren'ards 1 

Rules 3 

St.  Manfs  Coi/nty 3 

Salary — see  compensation 

Schools 8 

Seal    3,4 

Seat  of  Government  2,  4,  <> 

becoming  unsafe 2 

Secrecy            3 

Secretary  of  State 2         2,7,2; 

Security,  hrxhcry 1 

of  wife'H  property 8 


44 

182 

4 

VM\ 

10 

197 

1 

401 

22 

65 

40 

55 

63 

62 

2,3 

264,  265 

27 

56 

20 

36 

20 

36 

32,3 

58, 204 

12,3 

54,20-1 

12 

35 

23 

37 

22 

55 

24 

66 

30 

57 

29 

57 

7 

24 

5 

24 

6 

24 

8 

87 

2 

203 

12 

35 

7 

87 

11 

54 

1,4 

23,24 

6 

34 

16 

35 

16 

35 

22 

37 

9 

63 

17 

90 

4 

86 

25 

118 

41 

154 

42 

161 

44 

182 

8 

87 

1,7 

195.  107 

6,2,4,1 ;  36,90,203,270 

3,4,5 

52,53 

20 

36 

1,4 

23,24 

6,21 

34,  37 

9 

53 

2,21 

86,  iO(> 

44 

113 

4,10 

196,  197 

7 

24 

6 

34 

13 

54 

5 

86 

2,3 

34 

11 

88 

2,8 

195,  197 

49 

61 

24,2 

56,  203 

3 

23 

19 

55 

34 

58 

1 

237 

30,13 

57,  88 

22,  14,  1 

37,  89,  203 

10 

36 

21 

55 

7,  22,  2:5 

33, 34,  37 

3 

'£\ 

43 

60 

INDEX   TO   CONSTITUTION. 


XUl 


Sacurity,  to  be  given  by  sheriff 

'"yimais,  oath  of 

election  of  Governor 

vacancy  in  office  of  Governor 

consent  of,  to  appointmeuts  by  Governor 

may  be  convened  aloue 

election  of. 

cla9.«ilication 

qualifications 

comi)en!<ation 

disiiualitlod  to  hold  office 

not  liable  for  words  in  debate 

to  keep  Journal 

special  adjournment 

ineligibility  of  defaulters  and  dueli!^t8 

impe'achment 

consent  of,  to  designation  of  Chief  Justice — 

Sessiom,  election  returns  to,  made  to  Legislature, 

at  its  commencement 

extra,  of  Legislature.      

of  Legislature,  time  of,  determined 

of  Legislature  to  be  open 

of  Legislature,  special  adjournment 

bills  to  be  read  on  three  difl'ereut  days 

statement   about    public  moneys  to  be  pub- 
lished  

appointment  of  Treasurer,  &c 

reports  of  Treasurer  and  Comptroller 

reports  of  Board  of  Public  Works 

sense  of  the  people,  about  calling  a  Conven- 
tion to  amend  Constitution 

SJieriffs 

Sinking  Fund 

Slave 

Slavery 

Speaker  of  House  of  Delegates.. 

Special  Laws 

State  Bights,  Esecnti ve,  power  of 

recommendations  of  Governor 

appropriations  of  money 

credit  of,  not  to  be  loaned 

extra  compensation  not  to  be  allowed 

Judicial  powers 

Elections •  •  •  • 

Cases  in  Court  of  Appeals,  «fec 

fiscal  affairs  of 

Public  Works • 

Statements 

State's  Attorneys— see  Attorneys 

State  Librarian 

State  Treasurer 

Stocks 

Stockholders •  •  •  • 

Style  of  Legislature 

of  Laws 

of  Commissions,  Writs,  Indictments,  &c 

of  Courts 

Subscription 

«S'«ccft<»Y>r  of  Governor 

of  Slate's  Attorneys •  •  •  •  • 

of  State  Librarian 

of  other  officers 

Si/frage 

Svperiiitevdent  of  Public  Instruction 

Superior   Court 

Sujiport 

Supreme  Bench 

Surveyors 

S'isjif'iiJfion  of  officers 

SiLsguehanna  and  Tide  Water  Canal 

S?Meuring 


Abt. 
4 
1 
2 

2 
2,4 
2 
3 
3 
3 
3 
3 
3 
3 
3 
3 
3 
4 

3 
2 
3 
3 
3 
3 

3 
6 
6 

12 

14 

4,  15 

3,6 

3 

3 

2,3 

3 

2 

2 

3 

3 

3 

4 

15 

5 

6 

12 

3,  6,  15  ' 

7 
6 
3,6 
3 
3 
3 
4 
4 
3 
2 
5 
7 

16 
1 
8 
4 
6 
4 
7 
2 

12 
1 


Sec. 

44 

6 

3,4 

7 

10,  42 

16 

2,7 

8 

9,  10,  11,  12 

15 

17 

18 

22 

25 

12,41 

26 

14 

3 
16 
14 
21 
26 
27 


1 

2,4 
2 

2 

44,8 

34,3 

37 

37,53 

2,  3,  13 

33 

1 

19 

82 

34 

85 

1 

1 

8 

2 

1 

24,2,1 

3 

1,  &c. 

54,3 

39 

1 

29 

13 

20,27 

34 

1 

l.T 
3 
8 
1 
1 

88 

2 

27,31 

2 

15 


Page. 

113 
24 

34 

34 

35,  11)1 

;iti 

52,  .^>3 
53 

53,54 
54 
55 
55 
55 
56 

54.59 
56 


33 
36 
54 
56 
66 
66 

68 

203 

20:^4 

263 

84 

182 

58,204 

.59 

59.  62 

33,34,35 

58 

33 

36 

58 

58 

59 

85 

25 

193 

203 

263 

56,203,270 

219 

203 

62,204 

59 

52 

57 

88 

106,  417 

58 

33 

195.  197 

219 

25 

23 

237 

417 

2m 

417,  418 

•2:n 

36 

264 

2-1 


Taxes . 


8,6 


83,  34,  2 


58,  203 


XIV 


INDEX   TO   CONSTITUTION. 


Art. 


Sec. 


Page. 


Term  of  Governor 

of  officers  appointed  by  Governor 

of  Secretary  of  State 

of  Senators      

of  Delegates  

of  Judires 

of  ClerTvS  of  Courts 

of  Kegisters  of  Wills 

of  Justices  of  the  Peace 

of  State's  Attorneys 

of  Comptroller  and  Treasurer 

of  Couuty  Commissioners 

of  Surveyors 

of  State  "Librarian _. 

of  Commissioner  of  Land  Office 

of  Wreck- JLaster 

of  Adjutant-General 

of  !Mayor  of  Baltimore 

of  City  Councils 

of  civil  officers .. 

Tie  in  election  of  Governor ■ .. 

in  election  of  Senators  and  Delegates 

new  election,  provided  for 

Time  of  altering  Constitution 

of  election  of  Governor 

of  qualiticatiou  of  Governor 

of  nomination  of  officers  by  Governor 

of  appointment  of  Members  of  House  of  Del- 
egates   

of  election  of  Delegates 

of  meetings  of  Legislature 

of  adjournment  of  Legislature 

of  special  adjournmeuts  of  Legislature 

limited  for  passage  of  bills 

when  laws  take  effect 

for  payment  of  debts  of  the  Slate 

of  election  of  Judges 

of  election  to  fill  vacancies 

of  meeting  of  Court  of  Appeals 

of  election  of  Clerks 

of  election  of  Judges  of  Orphans'  Court  

of  election  of  Registers  of  Wills 

of  appointment  of  Justices  of  the  Peace  and 
Constables 

of  election  of  Sherifls 

of  election  of  Attorney  General  and   State's 
Attorneys 

of  election  of  Comptroller 

of  appointment  of  Treasurer 

of  election  of  County  Commissioners 

of  e'ection  of  Surveyors 

of  appointment  of  State  Librarian 

of  uppoiutmeut    of    Commissioner   of    Land 
Office 

of  election  of  Wreck-Master 

of  election  of  Mayor,  &c 

uf  elections 

Titlts 

Tobacco  Insjyeclors 

Toth 

Tiaiinfer 

Tn(i.<'iitr 

?>-i((/>  by  Jury 

disqualificaiiou  of  Judges,  &c 

removals  of 

TruM 


Unifof  Willi 

UtiilKl  stitta: 

bribery  of  Electors. 


2 

1 

33 

2 

13 

35 

2 

22 

37 

3 

2 

52 

3 

6 

53 

4 

3 

a; 

4 

17,  25,  37 

90,107,4  li» 

4 

41 

l.i4 

4 

42 

Itil 

.5 

1,7 

195.  I'.IT 

(> 

1 

203 

7 

1 

351 

7 

2 

231 

7 

3 

210 

7 

4 

2-23 

7 

6 

234 

i) 

3 

255 

11 

1 

401 

11 

3 

40a 

15 

9 

80 

2 

4 

34 

3 

13 

54 

15 

4 

25 

14 

2 

84 

2 

2 

3:j 

2 

3 

&i 

2 

13 

35 
52 

3 

4 

3 

7 

5;i 

3 

14 

64 

3 

15 

U 

3 

25 

tti 

3 

27 

5r. 

3 

31 

5!> 

3 

34 

58 

4 

3 

«! 

4 

5 

m 

4 

14 

89 

4 

25,37 

107 

4 

40 

410 

4 

41 

154 

4 

42 

ICl 

4 

44 

18-i 

5 

1,7 

195,  lilT 

6 

1 

art 

6 

1 

20:i 

7 

1 

351 

7 

2 

231 

7 

3 

21!) 

7 

4 

■22:) 

7 

6 

2:J4 

11 

1 

401 

15 

7 

25 

3 

29 

57 

2 

13 

:« 

12 

2 

2(1.-! 

6 

2.3 

203,  -AH 

2.0 

18, 1,  &c. 

30,  :;u:j 

15 

5,6 

275 

4 

7 

87 

4 

8 

87 

3 

11 

54 

3 

45 

00 

8 

10,  4fi 

54,00 

1 

3 

23 

INDEX   TO   COKSTITUTION. 


XV 


Art. 


Sec. 


Pack. 


Vacan/y  \n  office  of  Governor 

Governor  to  appoint  in  r(.x-«?!<  of  Legislature.. 

in  office  of  Senator  or  Delegate 

in  office  of  Judges 

iu  office  of  Clerk  of  Court  of  Appeals 

iu  office  of  Clerks 

in  office  of  Judjje  of  Orohans'  Court 

in  office  of  Register  of  Wills 

in  office  of  Justice  of  the  Peace  and  Constables 

in  office  of  Sherift'. 

in  office  of  Attorney  General 

in  office  of  State's  'Attorney 

in  Treai^uyy  Department 

in  office  of  Surveyor 

in  office  of  Wreck-Master 

on  account  of  failure  to  pay  over  moneys 

Veto  Power 

Viva  Voce 

Vohmteei's 

Voters,  qualifications  of    

registration  of 

Votiruj,  elective  franchise  determined 

bribery  prohibited 

illegal,  to  be  punished 

disqualifications 

for  Governor 

for  Senators  and  Delegates 

ineligibility 

Yeas  and  Nays 

forjudges 

for  Clerks 

for  Judges  of  Orphans'  Court 

for  Register  of  Wills 

for  Sheriffs 

for  Officers  under  New  Constitution 

election  Returns 

in  cases  of  a  tie,  &c 

for  State's  Attorneys 

for  Comptroller  and  Treasurer 

for  State  Librarian, 

for  Commissioner  of  Land  Office 

for  County  Commissioners 

for  Surveyor 

for  Wreck-Master 

for  Nev^  County 

Wards    

Washington  Branch  Rail  Road 

Wicomico  County 

Wife 

WM^y  Registers  of 

Witn.e!<ses 

Wreck- Master 

Writs 


2 

7,  11,  14 

34,  ai 

2 

11,  12,  14 

35 

3 

13 

54 

4 

5 

8(i 

4 

17 

!M) 

4 

25,40 

118,  147 

4 

40 

147 

4 

41 

154 

4 

43 

Ifil 

4 

44 

1M2 

5 

5 

i<h; 

5 

11 

197 

6 

1 

20:; 

7 

2 

231 

7 

6 

2:3.1 

15 

1 

270 

2 

17 

3t; 

2 

4 

34 

9 

1 

255 

1 

1,2 

23 

1 

5 

24 

1 

1 

23 

1 

3 

23 

1 

4 

24 

1 

3 

23 

2 

2 

2P, 

3 

6 

53 

3 

9,10,11,12 

53,54 

3 

27,28 

6t),  57 

4 

3 

8i 

4 

25,37 

118,  41ii 

4 

40 

147 

4 

41 

1.54 

4 

44 

18:i 

15 

7 

25 

4 

11 

88 

4,15 

12,4 

88 

5 

1,7 

25 

fi 

1 

203 

7 

3 

21!» 

7 

4 

22;! 

7 

1 

351 

7 

S 

2;n 

7 

6 

2;m 

13 

1 

2(i5 

1,4 

4,42 

24,  Itil 

12 

3 

13 

2 

265.  2(i(l 

3 

43 

CO 

3,4 

45,41 

60,  154 

3 

24 

5<i 

7 

6 

2;« 

8,4 

55,13 

62'  54 

APPOETIONMENT   OF  DELEGAT:ES   UNDER  THE 
NATIONAL   CENSUS  OF  1870. 

PROCLAMATION   BY   THE    GOVERNOR. 


Stati  op  Martlasd,  ExEcrxivz  Department,  } 

Akxapolis  City,  July  13,  1871.  ( 

■Whireas,  the  Constitntion  of  the  State  of  Maryland,  Article  III,  Section  4  and 
Section  5,  provide  as  follows  : 

'■Sectioa  4.  As  soon  a*  may  be  aft"'  the  takin.g  and  pnblishing  the  nest  National 
Census,  or  after  the  enumeration  of  the  population  of  this  State  under  the  authority 
thereof,  there  shall  be  an  apportionment  of  Keprosentativcs  in  the  House  of  Dele- 
gates to  be  made  on  the  foliowinir  basis,  to  wit :  Each  of  the  several  Counties  of  this 
State  havln<r  a  population  of  eighteen  thousand  souls  or  less,  shall  be  entitled  to 
two  Delegates :  and  every  Couuty  having  a  population  of  over  ei^'hteen  thousand 
and  less  tlian  twenty-eight  thousand  souls,  shall  be  entitled  to  three  Delegates :  and 
everv  Count v  havink  a" population  of  twenty-eight  thousand  and  less  than  forty 
thousand  souls,  shall  be  entitled  to  four  Delegates  ;  and  every  County  having  a  popu- 
lation of  forty  thousand  and  less  than  fifty-five  thousand  souls,  shall  be  entitled  to 
five  Delegates  ;  and  every  County  having  apopalation  of  fifty-five  thousand  souls  and 
upwards,  shall  be  entitled  to  six  Dele"gates,  and  no  more":  and  each  of  the  three 
Legislative  Districts  of  the  City  of  Baltimore  shall  be  entitled  to  the  number  of 
Delegates  to  which  the  largest  Couuty  shall  or  may  be  entitled  under  the  aforegoing 
apportionment.  And  the  General  Assembly  shall  have  power  to  provide  by"^law, 
from  time  to  time,  for  altering  and  changing  the  boundaries  of  the  three  existing; 
Legislative  Districts  of  the  City  of  Baltimore,  so  as  to  make  them,  as  near  as  may 
be,  of  equal  population  ;  but  said  Districts  shall  always  consist  of  contiguous  ter- 
ritory. 

'•Section  ."5.  Immediately  after  the  taking  and  publishing  the  next  National 
Census,  or  after  any  State  "enumeration  of  population,  as  aforesaid,  it  shall  be  the 
duty  of  the  Governor  then  being,  to  arrange  the  representation  in  said  House  of 
Delegates  in  accordance  with  the  apportionment  herein  provided  for,  and  to  declare 
by  proclamation,  the  number  of  Delegates  to  which  each  County  and  the  City  of 
Baltimore  may  be  entitled  under  such  apportionment ;  and  after  every  National 
Census  taken  "thereafter,  or  after  any  State  enumeration  of  population  thereafter 
made,  it  shall  be  the  duty  of  the  Governor  for  the  time  being,  to  make  similar  ad- 
justment of  representation,  and  to  declare  the  same  by  proclamation  as  aforesaid." 

And  whereas,  by  the  last  Census,  made  in  the  year  1870,  under  the  authority  of 
the  laws  of  the  United  States,  it  appears  that  the  population  of  the  several  Counties 
of  this  State  was  as  follows  : 


Allegany  county,   . 
Anne  Arundel  county, 
Baltimore  county, . 
Calvert  county,  .        . 
Caroline  county,    . 
Carroll  county,   .        . 
Cecil  county,  . 
Charles  county,  .        . 
Dorchester  county, 
Frederick  county 
Harford  county,'    . 


38.536 
•24,457 
»)3.059 
9,Sb5 
12.101 
•2S,(J19 
25,874 
15,7.38 
19,458 
47.572 
22,t)05 


Howard  county, 
Kent  county, 
Montgomery  county. 
Prince  George's  county. 
Queen  Anne  s  county,    . 
St.  Mary's  county, 
Somerset  county,    . 
Talbot  couuty, 
Washijigtou  county, 
Wicomico  couuty, 
Worcester  county,  . 


14,150 

17,102 
20.5R3 
21.138 
16,171 
14.944 
18,190 
16.137 
34.712 
15,802 
16,419 


Now  therefore,  I,  Oden  Bowie,  Governor  of  the  State  of  Maryland,  by  virtue  of 
the  authority  and  in  compliance  with  the  requirements  of  Article  III,  Section  4  and 
Section  ."i  of  the  Constitution  of  this  State,  do  issue  this  my  Proclamation,  declaring 
the  number  of  Delegates  to  which  each  County  and  the  City  of  Baltimore  is  entitled 
in  the  General  Assembly  of  Maryland,  under  the  Census  of  1870,  as  follows  : 


Allegany  county 4 

Anne  Arundel  county,       .        .  8 

Baltimore  county,         .        ,  .6 

Baltimore  city— 

1st  Legislative  District,    .  .    6 

2d  Legi-lative  District,         ,  6 

3d  Legislative  District,    .  .    6 

Calvert  county 2 

Caroline  county,    .               .  .    2 

Carroll  county,   ....  4 

Cecil  county 8 

Charles  county 2 

Dorchester  county,        .        .  .3 


Frederick  county, 
Harford  county, 
Howard  county,   . 
Kent  county,    . 
Montgomery  county,  . 
Prince  George's  county. 
Queen  Anne's  county, 
St.  Mary's  county,  .' 
Somerset  count j", 
Talbot  couuty,         .       . 
Washington  county, 
Wicomico  ■ 


5 
3 
2 
2 

3 
3 

2 
o 

3 
2 
4 
2 
2 


■ounty, 
Worcester  county. 
Given  under  my  hand  and  the  Great  Seal  of  the  State  of  Maryland,  at  the 
[l.  b.]  City  of  Annapolis,  this  twelfth  day  of  July,  in  the  year  1871. 

ODEN  BOWEE. 
By  the  Governor,  R.  C.  Holltdat,  Secretary  of  State. 


THE  STATE  GOVERNMENT  OF  MARYLAND. 


[The  Great  Seal.] 

EXECUTIVE    DEPAETMENT. 

The  Powers  and  Duties  of  the  Governor  of  Maryland,  are  prescribed 

by  the  Constitution,  and  Acts  of  Assembly. 

THE   GOVERNOR'S  POWERS  AND  DUTIES  UNDER  THE 

CONSTITUTION. 

The  Powers  and  Duties  of  the  Governor  under  the  Constitution,  as 

defined  in  Article  II,  Executive  Department,  and  other 

Articles  of  the  Constitution,  are  as  follows  : 

CONSTITUTION. 

AKTICLE    II. 

EXECUTIVE    DEPARTMENT. 

Term  of  Office. 

Section  1.  The  Executive  Power  of  the  State  shall  be  vested  in  a 
Governor,  whose  term  of  office  shall  commence  on  the  second  Wednes- 
day of  January  next  ensuing  his  election,  and  continue  for  four  years, 
and  until  his  successor  shall  have  qualified;  but  the  Governor  chosen 
at  the  first  election  under  this  Constitution,  shall  not  enter  upon  the 
discharcre  of  the  duties  of  the  office  until  the  expiration  of  the  term 
for  which  the  present  incumbent  was  elected ;  unless  the  said  office 
shall  become  vacant  by  death,  resignation,  removal  from  the  State,  or 
other  disqualification  of  the  said  incumbent. 

Time,  Place  aiul  Manner  of  Election. 

Sec.  3.  An  election  for  Governor,  under  this  Constitution,  shall  be 
held  on  the  Tuesday  next  after  the  first  Monday  of  November,  in  the 
year  eighteen  hundred  and  sixty-seven,  and  on  the  same  day  and 
month  in  every  fourth  year  thereafter,  at  the  places  of  Voting  for  Del- 
egates to  the  General  Assembly ;  and  every  person  qualified  to  vote 
for  Delegates,  shall  be  qualified  and  entitled  to  vote  for  Governor ; 
the  election  to  be  held  in  the  same  manner  as  the  election  of  Dele- 
gates, and  the  return  thereof  under  seal,  to  be  addressed  to  the  Speaker 
of  the  House  of  Delegates,  and  enclosed  and  transmitted  to  the  Secre- 
tary of  State,  and  delivered  to  said  Speaker  at  the  commencement  of 
the  session  of  the  General  Assembly,  next  ensuing  said  election. 
3 


34  EXECUTIVE   DEPARTMENT. 

Plurality  to  Elect. 
Sec.  3.  The  Speaker  'f  the  House  of  Delecrates  shall  then  open  the 
said  Returns,  in  the  presence  of  both  Houses ;  and  the  person  having 
the  highest  number  of  votes,  and  being  constitutionally  eligible,  shall 
be  the  Governor,  and  shall  qualify,  in  the  manner  herein  jirescribed, 
on  the  second  Wednesday  of  January  next  ensuing  his  election,  or  as 
soon  thereafter  as  may  be  practicable. 

The  Senate  and  Hoiise  to  Elect — Ca^e  of  a    Tie — Eligibility 

determined  iy  House — Vote  viva  voce,  and  jointly — 

Case  of  Choice  by  Lot. 

Sec.  4.  If  two  or  more  i^ersons  shall  have  the  highest  and  an  equal 
number  of  votes  for  Governor,  one  of  them  shall  be  chosen  Governor 
by  the  Senate  and  House  of  Delegates ;  and  all  questions  in  relation 
to  the  eligibility  of  Governor,  and  to  the  returns  of  said  election,  and 
to  the  number  and  legality  of  votes  therein  gi^^n,  shall  be  determined 
by  the  House  of  Delegates  ;  aud  if  the  j^erson,  or  persons,  having  the 
highest  number  of  votes,  be  ineligible,  the  Governor  shall  be  chosen 
by  the  Senate  and  House  of  Delegates.  Every  election  of  Governor 
by  the  General  Assembly  shall  be  determined  by  a  joint  ma)ority  of 
the  Senate  and  House  of  Delegates;  and  the  vote  shall  be  taken  viva 
voce.  But  if  two  or  more  persons  shall  have  the  highest  and  an  equal 
number  of  votes,  then,  a  second  vote  shall  be  taken,  which  shall  be 
confined  to  the  j^ersous  having  an  equal  number ;  and  if  the  vote 
should  again  be  equal,  then  the  election  of  Governor  shall  be  deter- 
mined by  lot  between  those,  who  shall  have  the  highest  and  an  equal 
number  on  the  first  vote. 

Qualifications  of  Govenwr. 

Sec.  *5.  A  person  to  be  eligible  to  the  office  of  Governor,  must  have 
attained  the  age  of  thirty  years,  and  must  have  been  for  ten  years  a 
citizen  of  the  State  of  Maryland,  and  for  five  years  next  preceding  his 
election,  a  resident  of  the  State,  and,  at  the  time  of  his  election,  a  qual- 
ified voter  therein. 

In  case  of  Death,  c6c.,  General  Assembly  to  Elect. 

Sec.  6.  In  case  of  the  death,  or  resignation  of  the  Governor,  or  of 
his  removal  from  the  State,  or  other  disqualification,  the  General 
Assembly,  if  in  session,  or  if  not,  at  their  ne\t  session,  shall  elect  some 
other  ([ualified  ])erson  to  be  Governor  for  the  residue  of  the  term  for 
which  the  said  Governor  had  been  elected. 

The  President  of  the  Senate  to  act — In  case  of  Vacancy  during 
Recess  of  Legislature — Impeachment. 

Sec.  7.  In  case  of  any  vacancy  in  the  office  of  Governor,  during  the 
recess  of  the  Legislature,  the  President  of  the  Senate  shall  discharge 
the  duties  of  said  office,  until  a  Governor  is  elected,  as  herein  provided 
for ;  and  in  case  of  the  death  or  resignation  of  the  said  President,  or 
of  his  removal  from  the  State,  or  of  his  refusal  to  serve,  then  the  duties 
of  said  office  shall,  in  like  manner,  and  for  the  same  interval,  devolve 
upon  the  Speaker  of  the  House  of  Delegates.  And  the  Legislature 
may  provide,  by  Law,  for  the  Impeachment  of  the  Governor ;  and  in 
case  of  his  conviction,  or  his  inability,  may  declare  what  person 
shall  perform  the  Executive  duties  ;  and  for  any  vacancy  in  saicl  (jflice 
not  herein  provided  for,  provision  may  be  made  by  Law ;  and  if  such 


EXECUTIVE   DEPAKTMENT.  85 

vacancy  should  occur  without  such  ])rovision  being  made,  the  Legisla- 
ture shall  be  convened  by  the  Secretary  of  State  for  the  puri:)ose  of  till- 
ing said  vacancy. 

Omernor  to  he  Commander-in-Cldef  of  State  Forces. 

Sec.  8.  The  Governor  shall  be  the  Commander-in-CJiief  of  the  land 
and  naval  forces  of  the  State;  and  may  call  out  the  Militia  to  repel 
invasions,  supjiress  insurrections,  and  enforce  the  execution  of  the 
Laws ;  but  shall  not  take  the  command  in  person,  without  the  con- 
sent of  the  Legislature. 

Ills  Duties. 
Sec.  9.  He  shall  take  care  that  the  Laws  are  faithfully  executed. 
Appointment  of  Officers. 

Sec.  10.  He  shall  nominate,  and,  by  and  with  the  advice  and  con- 
sent of  the  Senate,  appoint  all  civil  and  military  officers  of  the  State, 
whos^e  apjjointment,  or  election,  is  not  otherwise  herein  provided  for ; 
unless  a  ditlerent  mode  of  appointment  be  prescribed  by  the  Law 
creating  the  oliice. 

Appointments  during  Recess. 

Sec.  11.  In  case  of  any  vacancy,  during  the  recess  of  the  Senate,  in 
anv  otlice  which  the  Governor  has  power  to  fill,  he  shall  appoint  some 
suitable  person  to  said  office,  whose  commission  shall  continue  in  force 
until  the  end  of  the  next  session  of  the  Legislature,  or  until  some  other 
]K^]-son  is  appointed  to  the  same  office,  whichever  shall  first  occur ;  and 
the  nomination  of  the  j^erson  thus  appointed,  during  the  recess,  or,  of 
some  other  person  in  his  place,  shall  be  made  to  the  Senate  within 
thirty  days  after  the  next  meeting  of  the  Legislature. 

Persons  Rejected  Not  to  le  Re-Apypointed. 

Sec.  12.  No  person  after  being  rejected  by  the  Senate,  shall  be  again 
nominated  for  the  same  office  at  the  same  session,  unless  at  the  request 
of  the  Senate ;  or,  be  appointed  to  the  same  office  during  the  recess  of 
the  Legislature. 

Time  of  Nomination  of  Civil  Officers — Term  of  Office — 
Tobacco  Lispectors. 

Sec.  13.  All  civil  officers  appointed  by  the  Governor  and  Senate, 
shall  he  nominated  to  the  Senate  within  fifty  days  from  the  commence- 
ment of  each  regular  session  of  the  Legislature ;  and  their  term  of 
office,  except  in  cases  otherwise  provided  for  in  this  Constitution,  shall 
commence  on  the  first  Monday  of  May  next  ensuing  their  appoint- 
iiicnt,  :md  continue  for  two  years  (unless  removed  ti-om  otlice)  and 
until  their  successors,  respectively,  qualify,  according  to  Law ;  but 
the  term  of  office  of  the  Inspectors  of  Tobacco  shall  commence  on  the 
first  Monday  of  March  next  ensuing  theii-  appointment. 

Vacancy  in  Cej-tain  Offices  during  Session. 

Sec.  14.  If  a  vacancy  shall  occur,  during  the  session  of  the  Senate, 
in  any  office  which  the  Governor  and  Senate  have  the  power  to  fill, 
the  Governor  shall  nominate  to  the  Senate,  before  its  final  adjourn- 
ment, a  proper  person  to  till  said  vacancy,  unless  such  vacancy  occurs 
within  ten  days  before  said  final  adjournment. 


36  EXECUTIVE   DEPARTMENT. 

Om/rts  Martial — Removal  of  Civil  Officers. 

Sec.  15.  The  Governor  may  suspend,  or  arrest,  any  military  officer 
of  the  State  for  disobedience  of  orders,  or  other  military  otTence;  and 
may  remove  him  in  ])nrsuance  of  tlie  sentence  of  a  Court  Martial ;  and 
may  remove  for  incompetency,  or  misconduct,  all  civil  officers  who 
received  appointment  from  the  Executive  for  a  term  of  years. 
Extra  Session  of  Legislature, 

Sec.  16.  The  Governor  shall  convene  the  Legislature,  or  the  Senate 
alone,  on  extraordinary  occasions  ;  and  whenever  from  the  j^resence  ot 
an  enemy,  or  from  any  other  cause,  the  seat  of  Government  shall 
become  an  unsafe  place  for  the  meeting  of  the  Legislature,  he  may 
direct  their  sessions  to  be  held  at  some  other  convenient  place. 

Veto  Powe)' — Three-fifths  of  each  House  may  Pass  a  Vetoed  Bill — 
reff.9  and  Nays — Veto  within  Six  Days. 

Sec.  17.  To  guard  against  hasty  or  partial  legislation,  and  encroach- 
ments of  the  Legislative  Department  upon  the  co-ordinate  Executive 
and  Judicial  Departments,  every  Bill  which  sliall  have  passed  the 
House  of  Delegates  and  the  Senate,  shall,  before  it  becomes  a  LaAv,  be 
2)resented  to  the  Governor  of  the  State  ;  if  he  approve,  he  shall  sign 
it;  but  if  not,  he  shall  return  it,  with  his  objections,  to  the  House  "in 
which  it  originated,  which  Plouse  shall  enter  the  objections  at  large 
on  its  Journal,  and  proceed  to  re- consider  the  Bill;  if,  after  such  re- 
consideration, three-tifths  of  the  members  elected  to  that  House  shall 
pass  the  Bill,  it  shall  be  sent,  with  the  objections  to  the  other  House, 
Ijy  which  it  shall  likewise  be  re-considered,  and  if  passed  by  three- 
fifths  of  the  members  elected  to  that  House,  it  shall  become  a  Law. 
But,  in  all  such  cases,  the  votes  of  both  Houses  shall  be  determined  by 
yeas  and  nays ;  and  the  names  of  the  persons  voting  for  and  against 
the  Bill,  shall  be  entered  on  the  Journal  of  each  House,  respectively. 
If  any  Bill  shall  not  be  returned  by  the  Governor  within  six  days. 
(Sundays  excepted,)  after  it  shall  have  been  presented  to  him,  the 
same  shall  be  a  Law  in  like  manner  as  if  he  signed  it ;  unless  the  Gen- 
eral Assembly  shall,  by  adjournment,  j^revent  its  return,  in  which  case 
it  shall  not  be  a  Law. 

Oovei-nor  to  Examine  Treasury  Accounts. 

Sec.  18.  It  shall  be  the  duty  of  the  Governor,  semi-annually  (and 
oftener,  if  he  deem  it  expedient)  to  examine,  under  oath,  the  Treasurer 
and  Comptroller  of  the  State  on  all  matters  pertaining  to  their  respec- 
tive oflices ;  and  inspect  and  review  their  Bank  and  other  Account 
Books. 

Recommendation  of  Measures. 

■  Sec.  19.  He  shall,  from  time  to  time,  inform  the  Legislature  of  the 
condition  of  the  State,  and  recommend  to  their  consideration  such 
measures  as  he  may  judge  necessary  and  expedient. 

Pardoning  Power — Notice  in  Newspapers — 
Reports  to  Legislature. 

Sec.  20.  He  shall  have  power  to  grant  reprieves  and  pardons,  except 
in  cases  of  im])eachment,  and  in  cases  in  which  he  is  prohibited  by 
other  Articles  of  this  Constitution  ;  and  to  remit  lines  and  forfeitures 
for  offences  against  the  State;  but  shall  not  remit  the  principal  or 


EXECUTIVE   DEPAKTMENT.  37 

interest  of  any  debt  due  the  State,  except  in  cases  of  fines  and  forfeit- 
ures ;  and  before  granting  a  Jiolle  j/roxequi,  or  pardon,  lie  shall  give 
notice,  in  one  or  more  ncwspa])ers,  of  the  application  made  for  it,  and 
of  the  day  on,  anrl  after  wliich,  his  decision  will  be  given ;  and  in 
every  case,  in  wliich  he  exercises  this  power,  he  shall  report  to  either 
Branch  of  tlic  Legislature,  whenever  required,  the  petitions,  recom- 
mendations, and  reasons,  which  influenced  his  decision. 

Residence  and  Salary. 
Sec.  21.  The  Governor  shall  reside  at  the  Seat  of  Government,  and 
receive  for  his  services  an  annual  salary  of  Four  Thousand  Five  Hun- 
dred dollars. 

Gavo'mr  to  Aiypoird  a  Secretary  of  State. 

Sec.  22.  A  Secretary  of  State  shall  be  appointed  by  the  Governor, 
by  and  with  the  advice  and  con:^ent  of  the  Senate,  who  shall  continue 
in  office,  unless  sooner  removed  by  the  Governor,  till  the  end  of  the 
official  tenn  of  the  Governor  from  whom  he  received  his  appointment, 
and  receive  an  annual  salary  of  Two  Thousand  dollars,  and  shall 
reside  at  the  Seat  of  Government ;  and  the  office  of  Private  Secretary 
shall  thenceforth  cease. 

Duties  of  the  Secretary  of  State. 

Sec.  23.  The  Secretary  of  State  shall  carefully  keep  and  preserve  a 
Record  of  all  official  acts  and  proceedings,  which  may  at  all  times  be 
inspected  by  a  committee  of  either  l^ranch  of  the  Legislature ;  and  he 
shall  perform  such  other  duties  as  may  be  prescribed  by  Law,  or  as 
may  properly  belong  to  his  office,  together  with  all  clerical  duty 
belonging  to  the  Executive  Deiiartment. 

References:— 22,  'i,m.,\^Z;  1853,  ch.  134;  1856,  ch.  183;  7,  Md., 
151 ;'  14.  Md.,  215 ;  18G2,  ch.  G8  ;  2,  Md.,  341 ;  18G2,  ch.  68;  14,  Md., 
215 ;  1853,  ch.  448 ;  1858,  ch.  32. 


.VDDITIOXAL  POWERS   AND   DUTIES  OF  THE  GOYERXOR 

UNDER   THE   COXSTITUTIOX. 

The  Governor  has  additional  powers  and  duties  prescribed  in  other 

Articles  of  the  Constitution,  than  Article  II,  as  follows  : 

The  Governors  Oath. — By  Article  1,  Sec.  6,  the  Governor  is  required 
to  take  and  subscribe  the  oath  therein  set  forth,  before  entering  upon 
his  duties. 

Arrarifjcment  of  Representation. — By  Article  3,  Sec.  5,  the  Governor 
is  to  arrange  the  representation  in  the  House  of  Delegates  for  each 
county,  and  declare  the  same  by  proclamation  after  each  national 
census. 

Elections  to  Fill  Vacancies. — By  Article  3,  Sec.  13,  the  Governor  is 
directed,  when  the  Legislature  is  not  in  session,  to  issue  warrants  ol 
election  to  fill  vacancies  in  the  Senate  or  House  of  Delegates. 

How  BiUs  are  to  le  Signed. — By  Article  3,  Sec.  30.  the  Governor  is 
to  sign  bnis  passed  by  the  Legislature,  and  seal  with  the  great  seal, 
if  he"  approve  the  same,  in  the  presence  of  the  presiding  officers  and 
chief  clerks  of  the  Senate  and  House  of  Delegates. 


38  EXECUTIVE   DEPARTMENT. 

Executive  Contingent  Fimd. — By  Article  3,  Sec.  32,  the  General  Assem- 
bly may  place  a  contingent  fund  at  the  disposal  of  the  Governor,  who 
shall  report  at  each  session  the  amount  expended,  and  the  pui"j)oses  to 
which  it  was  applied. 

[The  Acts  of  1872,  chapters  312  and  364  appropriated  an  Executive 
Contingent  Fund  of  $7,500  each  year  for  1872  and  1873.] 

Refunding  Money  Paid  into  the  Treasury. — By  Article  3,  Sec.  33,  the 
Legislature  shall  not  pass  local  or  special  laws  for  the  refunding  of 
money  paid  into  the  State  Treasury,  or  releasing  persons  fi-om  their 
debts'  or  obligations  to  the  State,  unless  recommended  by  the  Gov- 
ernor, or  officers  of  the  treasury  department. 

Removal  of  Judges. — By  Article  4,  Sec.  4,  the  Governor  shall  remove 
any  Judge  convicted  in  a  court  of  law,  of  incompetence,  wilful  neglect 
of  duty,  misl)ehavior  in  office,  or  any  other  crime,  or  on  impeachment ; 
or  on  the  Address  of  the  General  Assembly,  two-thirds  of  each  House 
concurring  in  such  Address. 

Returns  of  Elections. — By  Article  4,  Sec.  11,  the  returns  of  elections 
for  all  officers  provided  for  in  the  Constitution,  except  State's  Attor- 
neys, shall  be  certified  by  the  clerks  of  the  Circuit  Courts  in  the  Coun- 
ties, and  the  clerk  of  the  Superior  Court  in  Baltimore  City,  and  made 
respectively  to  the  Governor,  Avho  shall  issue  commissions  to  the  offi- 
cers elected. 

To  Order  New  Elections. — By  Article  4,  Sec.  12,  the  Governor  shall 
order  a  new  Election  for  Judges.  Clerks  of  Courts,  and  Registers  of 
Wills,  in  case  the  opposing  candidates  shall  receive  an  equal  number 
of  votes :  and  in  case  of  any  contested  election,  he  shall  send  the  re- 
turns to  the  House  of  Delegates,  which  shall  judge  of  the  election  and 
qualification  of  the  candidates  at  such  election,  and  if  the  judgment 
shall  be  against  the  one  who  has  been  returned  elected,  or  commis- 
sioned by  the  Governor,  the  House  shall  order  a  new  Election  within 
thirty-days. 

To  Fill  Vacancies  in  the  Orphans  Courts. — By  Article  4,  Sec.  40,  the 
Governor,  in  case  of  a  vacancy  in  the  office  of  Judge  of  the  Orphans 
Court,  shall  ajipoint,  subject  to  confirmation  or  rejection  by  the  Senate, 
some  suitable  person  to  fill  the  same  for  the  residue  of  the  term. 

To  Fill  Vacancies  in  the  Otfce  of  Justice  of  the  Peace. — By  Article  4, 
Sec.  43,  the  Governor,  in  the  event  of  a  vacancy  in  the  off.ce  of  Justice 
of  the  Peace,  shall  appoint  a  person  to  serve  as  Justice  of  the  Peace 
for  the  residue  of  the  tenn. 

To  Appoint  Sheriffs  in  Ce^'tain  Cases. — By  Article  4,  Sec.  44,  in  case 
of  a  vacancy  by  death,  resiguatioii,  refusal  to  serve,  or  neglect  to 
qualify  or  give  bonds,  or  by  disqualification  or  removal  from  the 
county  or  city,  the  Governor  shall  appoint  a  person  to  be  Sheriff  for 
the  remainder  of  the  official  term. 

To  Decide  on  Election,  &c..  of  Aftornei/  General. — By  Article  5,  Sec.  2, 
all  elections  for  Attorney  General  shall  be  certified  to  the  Governor  of 
the  State,  who  shall  decide  on  the  election  and  qualification  of  the 
person  returned,  and  in  case  of  a  tie,  to  designate  which  shall  qualify, 
and  to  administer  the  oath  of  office  to  the  person  elected,  &c. 

To  Fill  a  Vacancy  in  the  Ofl'ce  of  Attorney  General. — By  Article  5,  Sec. 
5,  the  Governor  shall  fill  any  vacancy  in  the  office  of  Attorney  General, 
for  the  residue  of  the  term. 


EXECUTIVE  DEPARTMENT.  39 

To  Fill  Vacancies  in  the  Office  of  Comptroller'  and  Treasurer. — By  Arti- 
cle 6,  Sec.  1,  in  case  of  a  vacancy  in  either  of  the  offices,  by  deatli  or 
otherwise,  of  Comptroller  or  Treasurer,  the  Governor  by  and  witli  the 
advice  of  the  Senate,  shall  lill  such  vacancy,  by  ai:)i)ointnient,  to  con- 
tinue until  another  election,  or  a  choice  by  the  Legislature,  as  the  case 
may  be. 

Baiiks  to  Oive  Security  to  the  Governor  for  Piiblic  Moneys. — By  Article 
6,  Sec.  8,  the  Treasurer  may  deposit  the  moneys  of  the  State,  until 
otherwise  prescribed  by  Law,  to  the  credit  of  the  State,  as  soon  as  re- 
ceived, in  such  Ijank  or  banks,  as  he  may,  from  time  to  time,  with  the 
approval  of  the  Governor,  select ;  the  said  banks  givino^  security  sat- 
isfactory to  the  Governor,  for  the  safe  keeping  and  forthcoming,  when 
requii-ed,  of  said  deposits. 

To  Eemote  Comptroller  and  Treasurer. — By  Article  6,  Sec.  6,  when- 
ever during  the  recess  of  tlie  Legislature,  charges  shall  be  preferred  to 
him,  against  the  Comptroller  or  Treasurer,  for  incompetency,  malfeas- 
ance in  office,  wilful  neglect  of  duty,  or  misai:)propriation  of  the 
funds  of  the  State,  (if,  after  a  hearing,  said  allegations  shall  be  main- 
tained.) the  Governor  shall  remove  said  officer,  and  appoint  another, 
to  hold  the  office  ior  the  unexpired  term. 

To  Appoint  Commissioner  of  the  Land  Office. — By  Article  7,  Sec.  4,  the 
Governor  is  to  apjioint  the  Commissioner  of  the  Land  Office,  who 
shall  hold  his  office  during  the  term  of  the  Governor,  &c. 

To  Appoint  Adjutant  General. — By  Article  9,  Sec.  2,  the  Governor  is 
to  appoint  the  Adjutant  General,  by  and  with  the  consent  of  the 
Senate. 

Board  of  PuUic  Woi'ls. — By  Article  12,  Sec.  1,  the  Governor  w^ith 
the  Comptroller  and  Treasurer  of  the  State  shall  constitute  the  Board 
of  Public  Works,  w^hose  duties  are  prescribed  by  said  Article. 

Amendments  to  the  Constitution. — By  Article  14,  Sec.  1,  the  Governor 
is  to  publish  proposed  Amendments  to  the  Constitution  ;  and  the 
votes  cast  for  and  against  it,  are  to  be  returned  to  him  ;  and  if  said 
amendments  receive  a  majority  of  the  votes  cast,  he  shall  declare  by 
proclamation  said  amendments  a  part  of  the  Constitution. 

To  Declare  the  Office  of  Defaulters  Vacant. — By  Article  15,  Sec.  1,  the 
Governor  shall  declare  the  office  vacant  of  any  officer  who  shall  fail  to 
pay  over  to  the  State  Treasurer,  within  thirty  days  of  the  expiration 
of  each  and  every  year  of  his  office,  the  excess  of  liis  fees  or  money  of 
the  State,  coming  into  his  hands,  over  what  he  is  by  law  entitled  to 
retain  as  his  salary  or  compensation,  &c. 

lie  Vote,% — By  Article  15,  Sec.  4,  the  Governor  shall  order  a  new 
election,  if,  at  any  election  directed  by  this  Constitution,  any  two  or 
more  candidates  shall  have  the  highest  and  an  equal  number  of  votes; 
except  in  cases  specially  provided  for  in  this  Constitution. 

Qualif  cation  of  Officers. — By  Article  15,  Sec.  10,  any  officer  elected 
or  ap])ointed  in  pursuance  of  the  provisions  of  this  Constitution,  may 
qualify,  either  according  to  the  existing  provisions  of  the  law,  or  before 
the  Governor,  or  before  any  clerk  of  any  Court  of  Records. 

To  Sign  Commissions. — By  Article  4,  Sec.  13,  all  public  commissions 
and  grants  shall  run  thus  :  "The  State  of  Maryland,"  &c.,  and  shall  be 
signed  by  the  Governor,  with  the  seal  of  the  State  annexed. 


40  EXECUTIVE  DEPARTMENT. 

THE  POWERS  AND  DUTIES  OF  THE  GOVERNOR 
UNDER  THE  LAWS. 

The  Powers  and  Duties  of  the  Governor,  as  prescribed  by  Article 
XLH,  and  other  Articles  of  the  Code  of  Public  General  Law  and  Pub- 
lic Local  Law,  published  in  1861,  as  Amended  by  Acts  of  Assembly, 
subsequently  passed,  are  as  follows : 

Mode  of  Talinff  the  Oath. — The  Governor  is  to  take  and  subscribe 
the  oath  prescribed  by  the  Constitution,  on  the  second  Wednesday  of 
•January,  next  ensuing  his  election,  or  as  soon  thereafter  as  may  be 
practicable,  between  the  hours  of  12  M.  and  2  o'clock.  P.  M.  in  the 
Senate  Chamber,  before  the  Chief  Justice  of  the  Court  of  Appeals,  or 
in  case  of  his  inability  to  attend,  before  one  of  the  associate  Justices 
of  said  Court,  and  the  said  oath  shall  be  recorded  in  the  text-book  of 
the  Court  of  Appeals.— Article  G8,  Sec.  1,  P.  G.  L. 

Article   XLH   op   the   Public   General  Laws,  entitled,  "The 

Governor,"  prescribes  his  Powers  and  DuTiEg,  as  follows : 

The  Great  Seal. 

Section  1.  The  Great  Seal  of  the  State  of  Maryland  shall  be  in  the 
custody  of  the  Secretary  of  State,  but  under  the  control  of  the  Gover- 
nor. Avho  is  authorized  and  required  to  use  the  same  when  proper  in 
all  intercourse  between  this  State  and  the  United  States,  the  States 
and  Territories  thereof,  and  Foreign  States,  and  in  all  cases  provided 
for  by  the  Constitution  and  Laws. — Article  42,  Sec.  1. 

Affixing  the  Oreat  Seal, 

Sec.  2.  The  Governor  shall  not  affix  the  Great  Seal,  nor  permit  it  to 
be  affixed,  to  any  document,  without  accompanying  the  same  with  his 
signature. 

To  Sign  Land  Patents,  dr.  • 

Sec.  3.  The  Governor,  on  the  presentation  to  him  of  a  Patent  by 
the  Commissioner  of  the  Land  Office,  certitied  by  said  Commissioner 
as  proper  to  be  issued,  shall  be  authorized  to  sign  such  Patent,  and 
cause  the  Great  Seal  to  be  affixed  thereto. 

Affixinfj  the  Great  Seal  to  Lavs,  cfr. 

Sec.  4.  The  Governor  is  authorized,  on  application,  to  affix  the  Great 
Seal  to  copies  of  Laws  and  Resolutions,  certified  by  the  Clerk  under 
his  Seal  to  be  true  copies. 

May  Appoint  a  Messenger. 

Sec.  5.  The  Governor  may  appoint  a  Messenger  to  the  Executive, 
who  shall  be  the  keejjer  of  the  water  closets  attached  to  the  State 
house,  and  shall  keep  the  same  cleaned,  ventilated  and  supplied  with 
water,  and  in  every  respect  in  thorough  order,  who  shall  hold  his  office 
at  the  ])l(!isure  of  the  (Governor,  and  shall  receive  an  annual  salary  of 
five  hundred  dollars. — 18()2,  ch.  225. 

To  Issue  Death   Warrants. 
Sec.  6.  The  Governor  is  authorized  and  rer|nirod,  whenever  sentence 
of  death  is  pronounced  on  any  criminal  \)\  the  judgment  of  a  Court  of 
this  State,  to  issue  a  warrant  to  the  sheriff  of  the  county  or  city  who 


EXECXTIVE   DEPARTMENT.  41 

oucfTit  by  law  to  execute  such  judgment,  ordermcr  and  directing  tlie 
sheriff'  to  execute  said  judgment  at  such  time  as  iu  his  ^vul•ruut  he 
shall  appoint. 

May  Commute  Sentence  of  Death. 

Sec.  7.  The  Governor,  uj^on  giving  the  notice  required  h\  the  Con- 
stitution, may  commute  or  change  any  sentence  of  death  into  confine- 
mcr.t  in  the  penitentiary  or  banisliment.  for  sucli  period  as  he  shall 
think  expedient,  and  on  giving  such  notice  he  may  pardon  any  person 
convicted  of  crime,  on  such  conditions  as  he  may  prescribe  ;  or  he  may 
upon  like  notice  remit  any  part  of  the  time  for  which  any  ])er.-on  may 
be  sentenced  to  continement  in  the  penitentiary,  on  such  like  condi- 
tions, without  such  remission  operating  as  a  full  iDardon  to  any  such 
person.— 1S70,  ch.  306. 

Re-Arrest  of  Convicts  Pardoned  Conditionally, 

Sec.  S.  If  any  person  pardoned  on  condition  of  leaving  the  State, 
shall  return  contrary  thereto,  such  person  may  be  arrested  by  warrant 
from  any  judge  or  justice  of  the  peace,  and  if  on  examination  it  shall 
appear  to  such  judste  or  justice  that  there  is  reasonable  ground  to 
believe  that  the  person  arrested  is  the  same  person  who  was  convicted 
and  pardoned,  and  that  he  returned  contrary  to  the  terms  of  such  par- 
don, he  shall  be  committed  to  the  prison  of  the  county  or  city 
where  arrested,  and  the  sheriff  shall  bring  him  before  the  first 
Circuit  Court  for  the  County,  or  if  in  Baltimore  City  before  the  first 
Crimmal  Court  of  Baltimore  which  shall  happen  tliereafter ;  and  if  on 
appearins,  such  person  shall  acknowledge  himself  to  be  the  same  per- 
son j)ardoned  on  condition  of  leaving  the  State,  and  that  he  returned 
contrary  thereto,  the  court  shall  record  such  confession  and  proceed  to 
pass  judgment  according  to  law ;  and  if  the  person  shall  deny  that 
he  is  the  same  person  convicted  and  pardoned  as  aforesaid,  or  that  he 
returned  contrary  thereto,  the  court  shall  direct  the  fact  to  be  tried  by 
a  jury,  and  if  they  find  against  the  person,  the  court  shall  pass  such 
judgment  as  the  law  requii'es  for  the  crime  committed. 

May  Remit  Forfeited  Recognizances. 

Sec.  9.  The  Governor  may  remit  the  whole  or  any  part  of  any  re- 
cognizance which  may  be  forfeited ;  provided,  the  judge  of  the  court 
inVhich  such  forfeiture  took  j^lace  shall  recommend  the  remission  of 
the  whole  or  some  part  thereof. 

May  Remit  Fines  Not  Bchnying  to  Informers. 

Sec.  10.  The  part  of  any  fine  or  forfeiture  belonging  to  an  informer 
shall  not  be  remitted  by  the  Governor,  but  he  may  remit  any  line  or 
forfeitm-e,  or  any  part  thereof,  not  belonging  to  an  informer. 

May  Grant  Nolle  Prosequi  Conditionally. 

Sec.  11.  No  nolle  prosequi  shall  be  granted  by  the  Governor  but  on 
condition  that  the  costs  of  prosecution  shall  be  paid  by  the  person 
applying  for  the  same. 

May  Remit  Militia  Fines. 

Sec.  13.  The  Governor  may  remit  the  whole  or  any  part  of  any  fine 
imposed  by  any  militia  court  luartiul. 


42  EXECUTIVE   DEPARTMENT. 

May  Enforce  the  Attendance  of  Witnesses. 

Sec.  13.  Upon  qoinplaint  made  against  any  civil  or  military  officer 
who  can  be  removed  or  suspended  by  the  Governor,  the  Governor  may 
smnnion  before  him  any  witnesses  to  testify  for  or  against  snch  com- 
plaint, and  may  allow  such  Avitnesses  one  dollar  a  day  for  their  attend- 
ance, and  itinerant  charges ;  and  may  enforce  the  attendance  of  such 
witnesses  in  the  same  manner  as  the  courts  may. 

Officers  to  hare  Copy  of  Comjilaints,  &c. 

Sec.  14.  Upon  complaints  made  under  the  preceding  section,  the 
l^arty  complained  against  shall  have  a  co]iy  of  the  complaint,  and 
notice  of  the  time  when  the  Governor  will  inquire  into  and  examine 
the  same. 

Gooernor  May  Enfmre  Payment  of  Costs. 

Sec.  15.  The  cost  arising  upon  any  such  complaint,  the  Governor 
may  order  to  be  paid  either  by  the  party  making  the  complaint,  the 
l^arty  complained  against  or  the  State,  and  if  ordered  to  be  j^aid  by 
either  of  the  parties,  the  Governor  may  enforce  the  payment  in  the 
same  manner  and  by  the  same  means  as  the  Circuit  Courts  may  enforce 
their  orders ;  and  if  ordered  to  be  paid  by  the  State,  tlie  Comptroller 
shall  issue  his  warrant  to  the  Treasurer  to  -pay  the  same. 

To  Issue  Proclamation  of  Election  of  Electoi's  and  Members  of  Congress. 

Sec.  16.  The  Governor  on  receiving  the  returns  of  elections  for  elec- 
tors to  choose  a  President  and  Vice-President  of  the  United  States, 
and  for  members  to  represent  this  State  in  the  Congress  of  the  United 
States,  shall  enumerate  and  ascertain  the  number  of  votes  given  for 
each  person  voted  for  as  an  elector  and  member  of  Congress  respec- 
tively, and  shall  thereupon  declare  by  proclamation,  signed  by  the 
Governor,  the  name  of  the  person  or  persons  duly  elected,  and  shall 
cause  such  proclamation  to  be  inserted  in  such  news^^ajiers  as  he  may 
direct. 

To  Issue  Diiplkate  Discharges  to  Soldiers. 

Sec.  17.  The  Governor  shall,  upon  the  application  in  writing  of  any 
volunteer  officer  or  soldier  who  served  in  the  iirst  and  second  battal- 
lions  of  Maryland  Volunteers  in  the  Mexican  War,  or  any  citizen  of 
Maryland  who  enlisted  in  any  company  composing  a  ])ortion  of  the 
ten  additional  resximents  called  into  service  bv  Act  of  Congress  dur- 
mg  the  said  war,  and  served  therein,  and  uj^on  such  j^roof  as  he  may 
deem  necessary  to  establish  such  service,  and  an  honorable  discharge 
from  or  muster  out  of  the  same,  issue  to  such  volunteer  or  enlisted  offi- 
cer or  soldier  a  co])y  or  duplicate  of  the  discharge  received  by  him 
when  so  discharged  or  mustered  out  of  service,  printed  upon  parch- 
ment, and  signed  by  the  Governor,  the  Secretary  of  State  and  Adjutant 
General,  and  attested  by  the  Great  Seal  of  the  State. 

May  Restrict  Intercourse  with  Infected  Places. 
Sec.  18.  "Whenever  the  Governor  shall  have  strong  grounds  from 
the  information  of  ])hysicians,  or  otherwise  to  ;.])prehcnd  tliat  there  is 
danger  of  any  malignant  contagious  disease  l)eing  introduced  into  this 
State  from  foreign  ])arts,  or  from  any  of  tlie  United  States,  he  may 
compel  any  vessel  coming  to  any  of  our  ports,  shores  or  harl)ors  to 
ride  quarantine,  and  may  forbid  all  intercourse  or  communication, 


EXECUTIVE   DEPAKTMENT.  43 

either  by  land  or  water,  between  this  State  and  the  jjlace  affected,  or 
lay  such  intercourse  under  such  regulations  and  restrictions  as  he  may 
think  advisable,  and  take  all  measures  and  do  all  thintrs  Avhich  may 
appear  to  him  necessarv  to  give  effect  to  the  objects  of  this  section. 

Sec  19.  [Repealed  by  the  Act  of  1870,  ch.  418,  Abolishing  the  In- 
spection of  Liquors,  &c.] 

Governor  to  Aj/point  Keeper  of  PuUic  Buildings. 

Sec  20.  The  Governor  shall  annually  appoint  some  competent  per- 
son to  keep  the  public  buildinirs  and  grounds  in  order,  and  who  shall 
keep  clean  and  in  proper  order  the  hall  or  entrance  to  the  State  house, 
the  Senate  Chamber,  the  Hall  of  the  House  of  Delej;rates,  the  Committee 
Rooms  and  the  stairs  ascending  thereto ;  and  during  the  recess  keep 
them  thoroughly  cleaned  and  ventilated,  and  before  each  session  to 
arrange  the  furniture,  carpets  and  desks,  and  ]n-e]iare  Iwth  chambers 
for  the  Assembling  of  the  Legislature ;  for  which  services  he  shall 
receive  the  sum  of  thii-ty  dollars  per  mouth. — 18G2,  ch.  15,  Sec.  3. 

To  Appoint   Watchmen. 

Sec  21.  The  Governor  shall  annually  appoint  two  white  male  citi- 
zens, whose  pay  shall  be  the  sum  of  thirty-five  dollars  per  month,  to 
watch  and  guard  all  the  buildings  within  the  State  house  enclosure, 
from  9  o'clock,  P.  M.  until  daylight  each  day,  and  to  take  charge  of 
and  keep  in  order  the  fine  apjjaratus  belonging  to  the  State. — Ibid., 
Sec.  3. 

To  Appoint  Keeper  of  the  Steam  House. 

Sec  22.  The  Governor  shall  annually  ap]^oint  some  suitable  person 
to  be  keeper  of  the  steam  house  and  the  furnace  of  the  Record  Office, 
who  shall  receive  the  sum  of  thirty-five  dollars  per  month,  and  one 
assistant  keeper,  who  shall  receive  the  sum  of  thirty  dollars  per 
month. — Ibid.,  Sec.  4. 

Salaries  Authorized  to  de  Paid. 

Sec  23.  The  Treasurer,  upon  the  Avarrant  of  the  Comptroller,  shall 
j)ay  the  sums  mentioned  in  above  sections,  to  the  persons  who  shall 
be  appointed  by  the  Governor  as  aforesaid. — Ibid.,  Sec.  5. 

To  Fill  Vaeancies  in  Office. 

Sec  24.  In  all  cases  of  vacancies  in  offices,  which  now  exist  or  may 
hereafter  exist,  for  the  tilling  of  which  no  provision  has  l)ccn  made 
by  the  Constitution  or  laws  of  this  State,  the  Governor  is  hereby  em- 
powered to  fill  the  same. — 1862,  ch.  68. 

May  Remove  Insane  Convicts  to  Hospitals. 

Sec.  25.  L^pon  the  recommendation  of  the  board  of  directors  ol 
the  Maryland  Penitentiary,  the  Governor  may  remove  any  insane  or 
lunatic  convict  confined  in  the  penitentiary,  and  provide  for  the  sup- 
jDort,  care  and  safe  keeping  of  such  convict  in  the  Mai-yland  Hospital 
or  any  State  Institution  for  the  insane,  and  the  expense  thus  incurred 
shall  be  defrayed  liy  Ihe  Ijoard  of  directors  of  the  ]icniteutiary.  out  oi 
the  funds  arising  fr-om  or  appropriated  for  that  institution. — 1868,  ch. 
353. 


44  EXECUTIVE   DEPARTMENT. 

To  Apj)oint  Collectors  of  State  Taxes  in  Certain  Ca^-^es. 
The  Governor  shall  appomt  a  Collector  of  State  Taxes  from  any 
part  of  the  State,  if  in  any  of  the  connties  or  Baltimore  City  there  be 
not  a  qualified  and  compensated  Collector  of  State  Taxes  by  the  first 
day  of  May,  in  anv  year,  and  said  Collector's  bond  shall  be  ajjproved 
by'him.— Article  81  ^  P.  G.  L.,  Sec.  39.— 1868,  ch.  3GG. 
To  Remove  Collectors  of  State   Taxes. 

Every  Collector  of  State  Taxes,  in  Baltimore  City,  who  shall  fail  to 
make  daily  deposits  of  money  received  by  him  for  Taxes  in  some 
bank  to  be  designated  by  the  Treasurer,  shall  be  lial^le  to  removal 
by  the  Governor.— Article  SI,  sub  sec.  3,  P.  G.  L.— 1868,  ch.  386. 

Designates  the  Chief  Judge  of  tJie  Orphans  Coairt. 

The  Governor  designates  and  commissions  as  Chief  Judge,  one  of 
the  three  persons  elected  as  Judges  of  the  Orjihans  Courts  in  the 
counties  and  Baltimore  Cit^ . — Article  93,  P.  G.  L.,  Sec.  2^7. 

jReturns  of  Election  of  Public  Officers. 
The  certificates  of  Judges  of  Election  for  representatives  in  Con- 
gress, shall  be  addressed  to  and  received  by  the  Governor ;  and  the 
certificates  of  election  for  all  ofllcers  provided  for  by  the  Constitution, 
excepting  the  Governor  and  State's  Attorneys,  shall  be  directed  and 
transmitted  by  mail  to  the  Governor.  Certificates  of  Election  foi 
the  Governor  sliall  be  addressed  to  the  House  of  Delegates,  and  en- 
closed to  the  Secretary  of  State. — Article  35,  P.  G.  L.,  Sees.  33,  33  and 
34. 

Commissio^is  United  States  Senators. 

The  Governor  shall  commission  United  States  Senators  in  the  usual 
form. — Ibid.,  Sec.  75. 

May  CaU  Special  Elections. 

The  Governor  may  direct  a  special  election  to  be  held  for  a  repre- 
sentative in  Congress  in  case  of  a  vacancy. — Ibid.,  Sec.  78. 
To  Receive  Penitent iary  Reports. 

The  Directors  of  the  Maryland  Penitentiary  are  to  report  to  the 
Governor  in  December  of  every  year,  the  condition  of  the  Peniten- 
tiary, which  report  the  Governor  shall  communicate  to  the  Legislature 
witli  such  recommendations  as  he  may  think  expedient,  by  Article 
73,  P.  G.  L.,  Sec,  23. 

The  Indigent  Blind. 

Tlie  annual  appropriation  of  $15,000  is  to  be  applied  under  the 
direction  of  the  Governor  in  placing  in  the  Institution  for  the  Blind, 
such  indigent  V)lin(l  i)ersi)ns  of  nine  years  and  upwards,  inhabitants 
of  the  State  and  the  cou)ity  from  which  they  are  recommended  to  the 
Governor  by  the  Commissioners  of  each  county  and  the  Judges  of  the 
Orphans  Court  of  Baltimore  City,  by  Article  33,  P.  G.  L.,"Sec.  3. — 
1868,  ch.  205. 

To  Report  to  General  AssemUy. 

The  Governor  is  to  re])ort  to  the  General  Asseml^ly  at  each  regular 
session  the  amount  of  money  expended  by  him  for  the  indigent  blind. 
— Article  33,  P.  G.  L.,  Sec.  6. 


EXECUTIVE   DEPARTMENT.  45 

Maryland  Ineh-iate  Asylum. 

The  Trustees  of  the  i\Iaryland  IiioI)riatc'  Asylum  are  to  make  a  re- 
port to  tlie  Governor  on  the  8(1  Wechiesday  in  January,  annually,  of 
the  condition  of  said  asylum,  -which  shall  be  tiled  in  the  office  of  the 
Secretary  of  State. — Article  46,  P.  G.  L.,  Sec.  7. 

The  State  Finhcry  Force. 

The  Governor,  ex-officio,  is  one  of  the  Commissioners  of  the  "State 
Fishery  Force,"  with  the  State  Treasurer,  State  Comptroller,  Commis- 
sioner of  the  Land  office  and  Clerk  of  the  Court  of  Appeals,  by  1872, 
ch.  243.  Their  duties  are  prescribed  by  1870,  ch.  304.  They  appoint 
a  Commander  of  the  Police  Force  by  Article  71,  P.  G.  L. 

May  Remoce  Police  Commissioners  of  Baltimore  City. 

The  Governor  may  remove  any  Commissioner  of  Police  in  Baltimore 
City  on  conviction  of  any  felony  before  any  court  of  law. — 1867,  ch. 
367,  see  Sec.  806,  Local  Code  of  Baltimore  City. 

State  Board  of  Education, — Their  Report. 

The  State  Board  of  Education  are  to  report  annually  to  the  Governor 
the  condition  of  the  schools  of  the  State,  &c.,  and  the  Governor  is  to 
have  3,000  copies  of  said  report  publislied  and  distributed  to  the 
members  of  the  Legislature  in  those  years  in  which  there  is  no  session 
of  the  Legislature,  by  1872,  ch.  870. 

Debts  of  Counties  to  Aid  Cmforations. 

Associations  or  Corporations  in  aid  of  which  a  county  may  have 
contracted  any  debt,  etc..  shall  furnish  certificates,  under  oath,  that  the 
publication  in  the  newspapers  required  by  Sec.  54  of  Article  3  of  the 
Constitution,  has  been  made  to  the  Governor,  President  of  the  Senate 
and  Speaker  of  the  House,  next  succeeding  the  passage  of  the  act,  by 
1870,  ch.  28. 

Oovei'nor  not  to  Commission  Defaulters. 

The  Governor  is  not  to  issue  a  commission  to  any  officer  who  is  in 
default  to  the  State,  and  whenever  he  shall  be  apprised  that  a  com- 
mission has  ])een  inadvertently  issued  to  any  one,  he  shall  direct  the 
State's  Attorney  of  any  county  or  Baltimore  City,  to  sue  out  a  writ  of 
quo  icarranto,  and  if  in  default  to  the  treasury,  the  Court  shall  adjudge 
this  election  or  appointment  null  and  void  and  the  office  vacant. — 
Article  6U,  P.  G.  L.,  Sec.  3. 

Afp'oval  of  Bonds. 

The  Governor  approves  the  bond  of  the  Comptroller,  and  may  re- 
quire it  to  be  renewed,  by  Article  22,  Sec.  1,  P.  G.  L.  Also,  the  State 
Treasurer  by  Article  94,  P.  G.  L.,  Sections  2  and  6.  The  Commis- 
sioner of  Land  Office  by  Article  54,  P.  G.  L.,  Sec.  7.  State  Wharf- 
inger by  Article  U7,  P.  G.  L.,  Sec.  2.  State  Agent  to  pay  interest  on 
the  State  debt.  Collector  of  State  Taxes  in  Baltimore  City.  Nota- 
ries Public,  Weighers  of  Live  Stock,  Article  48,  P.  G.  L.,'Sec.  458, 
and  all  the  officers  of  Executive  appointment,  except  where  otherwise 
stated. 


46  EXECUTIVE   DEPARTMENT. 

EXECUTIVE  APPOINTMENTS  UNDER  THE 
CONSTITUTION. 
(See  Art.  II,  Sec.  13.) 

The  Governor  nominates,  and,  by  and  with  the  consent  of  the  Senate, 
api'oints.  the  following  officers  under  the  Constitution: 

The  Secretary  of  State,  until  the  end  of  tlie  official  term  of  the  Gov- 
ernor, unless  removed,  by  Article  2,  Sec.  22. 

The  Stale  Librarian,  lor  tlie  Governor's  term,  by  Art.  7,  Sec.  3. 

The  Adjutant  General  of  the  Militia,  until  the  ap]iointment  and 
qualitication  of  his  successor,  etc.  by  Article  9,  Sec.  2.    [Md.  Hep.  1S74.] 

I'he  Co/nmissioner  of  the  Land  Ojfice,  during  the  term  of  the  Governor, 
by  Article  7.  Sec.  4. 

Coroners,  Eliiiors  and  Notaries  Piiilic.  for  each  County  and  Baltimore 
City,  are  appointed  under  the  Constitution,  us  prescribed  by  Law,  by 
Article  4,  Sec.  45 ;  and  the  Law  authorizes  the  Governor  to  appoint 
Coroners  and  Notaries  Public,  and  .Judtres  to  appoint  Elisors. 

JUSTICES  OF  THE  PEACE. 

The  Governor  ap])oints  the  Justices  of  the  Peace  in  the  State,  under 
Article  V,  Sec.  42.  of  the  Constitution.  Their  number  in  the  difterent 
Counties  and  Districts  is  prescribed  by  the  Code  (jf  Pul)lic  Local 
Laws,  published  in  1861,  and  subsequent  Local  Acts,  as  Ibllows: 

Alleoant,  1874,  ch.  138.  I  Howard.  1874.  ch.  116. 

Anxe  Arundel,  Art.  2.  P.  L.  L..  Sec  107.  !  Kent,  1874.  ch.  140. 

Bat.timoke  Co.,  1870,  chs.  37  aud  244,  and  Montgomery.  187-2.  ch.  8. 

IbT-'.  ch.  315.  ■'  Prince  George's.  Art.  IH.  Sec.  69.  P.  L. 

Baltimore  Citt,  1870.  ch.  45.  i        L..  aud  18<;8.  ch.  Ui'-i.  and  1874.  ch.  487. 


Queen  Anne's.  IS'8.  ch.  10. 

St.  Mart's.  Art.  18,  Sec.  :i7.  P.  L.  L..  and 

18;.7.  ch.  203.  1874.  ch.  489. 
SoMER^ET,  1872,  ch.  57,  and  1874,  chs.  43 

and  46. 
Talbot.  Art.  20,  Sec.  03,  P.  L.  L.,  and 

18(i7,  ch.  13. 
■Washington.  1874,  ch.  29. 
Wicomico.  ISfS.  ch-.  12  aud  2.')7. 
Worcester,  1808,  ch.  69,  and  1870,  ch.  55. 


Calvert,  18i;8.  cb.  95.  and  1870,  ch.  319 

Caroline.  1870.  ch.  49. 

<  akroll,  1874,  ch.  108. 

Cecil,  Art.  8,    P.  L.  L.,  Sec.   113,   and 

1870.  ch.  :368. 
Qharles.  1872.  ch.  155. 
Dorchester.  1874.  ch.  335. 
Freoerick.  1870.  ch.  276.  1872.  ch.  179, 

Sec.  4.  and  ch.  --'93.  and  1874,  ch.  133. 
Garrett,  1874,  ch.  187. 
ilAi;FORD,  Art.  12.  P.  L.  L..  Sec.  79,  and 

1870,  chs.  Si  and  171,  and  1872,  ch.  358.    | 

The  above  Acts  also  reguhite  the  number  of  Constables  appointed, 
by  County  Commissioners,  &c. 

The  Governor  appoints  the  following  Officers  under  the  Laws: 

An  Assistant  Secretary  of  State,  in  case  of  sickness  or  absence  of  the 
S<.-cretary  of  State,  by  1874.  chap.  1. 

The  State  Board  of  Health,  consisting  of  five  physicians,  one  always 
to  be  a  resident  of  the  Eastern  Shore,  and  one  the  Western  Shore,  by 
1874,  chap.  200. 

Tieo  Commissioners  of  Fisheries,  one  from  the  Eastern  and  one  from 
the  Western  Shore,  by  1874.  chap.  loO. 

Tfie  Auctioneers  of  Baltimore  City,  (not  over  twenty,)  by  Art.  4, 
P.  L.  L.,  Sec.  93. 

The  Chief  Judges  of  Orphans^  Courts,  are  designated  by  the  Governor, 
by  Art.  93,  P.  G.  L.,  Sec.  227. 


EXECUTIVE   DEPAKTMENT.  47 

EXECUTIVE  APPOINTMENTS  UNDER  THE  LAWS. 

The  Governor  nominates,  .and  by  and  with  consent  of  the  Senate, 
aijpoints,  the  followini^  officers,  l)ienniHlly,  except  wlien  otlierwise 
stated,  under  the  General  and  L<ical  Laws.  liefcrenccs  are  also  made 
to  Acts  of  Assembly  passed  subsequent  to  the  coditication  of  1861 : 

Five  Impectors  of  Tuharro~-'m  Eallimore  City,  by  1872,  ch.  30. 

One  Siijjcrvisor  of  Tobacco  Warekouties^Dnd. 

Two  Attctioiieers  of  Tuhcuro  Saleo—\r\  Baltimore  City.  1868,  ch.  458. 

A  Weighmmter  of  Live  Stocl: — in  Baltimore  City,  by  Article  4,  P. 
L.  L.,  Sec.  458. 

Tu-o  In.specfors  of  liny  and  Straw — in  Baltimore  City,  by  Sec.  410,  P. 
L.  L.,  and  one  additional  Inspector  for  the  eastern  section  of  the  city, 
by  1864,  ch.  389,  Sec.  423,  P.  L.  L. 

Four  Coroncri; — in  Baltimore  City,  by  Act  of  1872,  ch.  45,  and  Coro- 
ners in  the  counties  under  the  Constitution. — Article  4,  Sec.  45. 

Five  Notaries  Public — for  Baltimore  City,  (one  to  speak  German,) 
and  a  competent  number  for  the  countii's,  (Article  69,  Sec.  1,)  by  1872, 
ch.  191,  and  one  in  Princess  Anne,  Somerset  co.,  by  1870,  ch.  76. 

One  or  more  State  Whcn'Jingei-s — in  Baltimore  City,  by  Article  97,  Sec. 
1,P.  G.  L. 

One  Physician  as  State  Vaccine  Agent — once  in  six  years,  by  1872,  ch. 
257. 

Commissioners  to  take  Acknowledgment  of  Deeds — in  each  state,  dis- 
trict or  territory  of  the  United  States,  by  Article  21,  Sec.  1  of  P.  G. 
L.,  and  by  Sec.  7,  one  or  more  Conunissioners  in  any  foreign  country. 

One  State  Armorer  at  Eaulon  awl  one  at  Frederick — by  Article  8,  Sec. 
1,  P.  G.  L. 

The  Superintendent  of  tlie  National  Road—ihat  part  of  it  lying  in 
Maryland,  by  1867,  ch.  278. 

Tico  Inspectors  of  Steam  Engines  and  Boilers — in  Baltimore  City,  by 
1872,  ch. 153. 

One  Y/eigher  General  and  five  Assistant  Weighers  of  drain — in  Balti- 
more City,  by  1872,  ch.  2 14. 

One  Oijicer  of  Regiairalion  of  Voters — in  each  ward  of  Baltimore  City, 
and  each  district  in  the  counties,  at  every  regular  session  of  the  Legis- 
lature, by  1870,  ch.  459. 

Four  Members  of  the  State  Board  of  Education — (the  other  membei- 
being  the  Princi])al  of  the  State  Normal  School)  to  be  appointed  at 
every  regular  session  of  the  Legislature,  from  among  the  Presidents 
and  Examiners  of  the  several  county  boards,  one  of  whom  shall  be  a 
resident  of  Eastern  Shore,  by  Act  of  1872,  ch.  377. 

Ten  {of  the  thirty)  Directors  of  the  M<ir-iland  Industrial  School  for 
Oirls — who  shall  be  severally  residents  of  some  county  in  the  State,  to 
be  appointed  biennially  in  January,  by  1870,  ch.  391. 

Two  {of  the  sixteen)  Managers  of  House  of  Reformation  and  Instruction 
for  Colored  Children — annually,  in  February,  by  Act  of  1870,  ch.  392, 
Sec.  3. 

Sixi  Directors  of  the  Maryland  Penitentiary — wlio  shall  be  residents 
of  the  City  or  County  of  Baltimore,  by  Article  73,  P.  G.  L.,  Sec.  1. 

Four  Managers  of  the  House  of  Refuge — annually,  in  February,  by 
Article  78,  P.  G.  L.  Sec.  3. 


48  EXECUTIVE   DEPARTMENT. 

TTiree  Commissioners  of  Pharmafy  and  Pradical  Chemistry — bienni- 
ally, to  examine  all  persons  v,'ho  may  desire  to  engage  in  the  business 
of  druggist  or  apothecary  as  to  their  competency  and  qualitications, 
and  grant  certilicates  to  said  persons  to  carry  on  said  business  if  found 
comi^etent,  and  register  them  as  Pharmacists ;  said  Commissioners  to 
lie  appointed  fi-om  ten  persons  nominated  to  the  Governor,  by  the 
^Maryland  College  of  Pharmacy,  by  1872,  ch.  414,  (which  Act  does  not 
require  these  appointments  to  be  confirmed  by  the  Senate.) 

Three  Trustees  for  the  State  in  the  \V'%shiri(;to>i  Cemetery — (every  three 
years,)  located  near  Hagerstown,  for  the  burial  of  Confederate  dead. 
One  Trustee  may  be  appointed  by  the  Governor  of  each  of  the  other 
States,  by  1870,  ch.  213. 

Three  Visitor's  of  St.  John's  Literary  Institute, — in  Frederick  City  by 
private  Act. 

The  Mestenffer  of  the  Executive — at  the  pleasure  of  the  Executive,  by 
Act  of  1802.  ch.  225,  and  a  keeper  of  public  buildings;  two  watchmen 
of  public  buildings,  and  a  keeper  and  assistant  keeper  of  steam  house, 
by  1SG2,  ch.  15. 


MILITARY  APPOINTMENTS. 

The  Governor  nominates,  and  by  and  with  the  advice  and  consent 
of  the  Senate,  appoints  the  foUovring  officers  of  the  Militia  : 

The  Adjutant  General,  with  the  rank  of  Major  General,  and  salary 
at  the  rate  of  ^2,000  a  year:  a  Quarter  Master,  a  Commissary  General, 
a  Chief  Engineer,  a  Chief  of  Ordinance,  Chief  of  Artillery,  Chief  of 
Cavalry,  and  Inspector  General ;  a  Paymaster  General,  a  Surgeon  Gen- 
eral, and  .ludge  Advocate  General,  and  such  number  of  Aids-de- 
Camp,  with  the  rank  of  Colonel,  as  may  be  necessary  to  the  discharge 
of  his  duties  as  Commander-in-Chief,  by  1870,  ch.  182,  Sec.  6. 


APPOINTMENTS  TO  FILL  VACANCIES. 

The  Governor  may  make  a  temporary  appointment  of  United  States 
Senator,  until  the  subsequent  meeting  of  the  Legislature,  if  a  vacancy 
happen  by  resignation  or  otherwise  during  the  recess  of  the  Legisla- 
ture, by  ConstiLution  of  the  United  States. — Article  1.  Sec.  3. 

The  Governor  may  till  vacancies  in  the  following  offices  under  the 
State  Constitution : 

In  the  office  of  Judges,  by  Article  4,  Sec.  5.  Judges  of  the  Orphans 
Court,  Article  4,  Sec.  40.  Justices  of  the  Peace,  Article  4,  Sec.  43. 
Sheriifs,  Article  4.  Sec.  44.  Attorney  General,  Article  4,  Sec.  o.  Treas- 
urer and  Comptroller,  Article  6,  Sec.  1.  Superintendent  of  Labor  and 
Agriculture,  Article  10,  Sec.  2.  Offices  made  vacant  under  Article  15, 
Sec.  11,  for  failing  to  pay  over  monevs  received  and  payable  to  the 
State. 

The  Governor  shall  ir.siie  his  warrant  of  election  to  fill  vacancies  in 
the  Senate  or  House  of  Delegates,  when  the  Legislature  is  not  in  ses- 
sion.    Article  3,  Sec.  13. 

The  Governor  tills  vacancies  in  all  offices  of  Executive  Appointment, 
and  in  the  fuilowing  offices  under  the  Code  of  General  and  Local  Laws 
of  1860,  and  subsequent  Acts  of  Assembly  : 


EXECUTIVE   DEPAKTMENT.  49 

In  the  Board  of  Police  Commissioners  in  Baltimore  City,  during  the 
recess  of  the  General  Assembly,  by  18G7,  ch.  307,  (Sec.  80G,  Local  Code.) 

The  Governor  fills  any  vacancy  occnrrinj,'  in  the  otlice  filled  by  the 
Secretary  of  the  Senate,  whose  duty  it  is  to  receive  the  returns  of  the 
clerks  of  the  Courts  of  the  re.ii;istration  of  birtlis,  deaths  and  mar- 
ria<res,  and  report  tabular  results  to  the  Legislature,  itc,  by  Act  of 
1805,  ch.  ir)9. 

The  Governor  is  empowered  to  fill  all  cases  of  vacancy  in  office, 
whicli  now  exist,  for  the  filling  of  which  no  provision  has  been  made 
by  the  Constitution  or  Laws  of  the  State,  by  Act  of  1802,  ch.  08. 


THE    SECRETARY    OF    STATE. 

The  Secretary  of  State  is  appointed  under  the  Constitution,  as  follows : 

EXECUTIVE   DEPARTMENT.— ARTICLE  IL 

Secretary  of  State  Appointed  ly  the  Governor. 

Sec.  22.  A  Secretary  of  State  shall  be  appointed  by  the  Governor, 
by  and  with  the  advice  and  consent  of  the  Senate,  who  shall  continue 
in  office,  vmless  sooner  removed  by  the  Governor,  till  the  end  of  the 
official  term  of  the  Governor,  from  whom  he  received  his  appointment, 
and  receive  an  annual  salary  of  two  thousand  dollars,  (|2,000,)  and 
shall  reside  at  the  Seat  of  Government ;  and  the  office  of  Private  Sec- 
retary shall  thenceforth  cease. 

Duties  of  the  Secretary  of  State. 

Sec.  23.  The  Secretary  of  State  shall  carefully  keep  and  preserve  a 
record  of  all  official  acts  and  proceedings,  (which  may  at  all  times  be 
inspected  by  a  committee  of  either  branch  of  the  Legislature,)  and  he 
shall  perform  such  other  duties  as  may  be  prescrilied  by  Law,  or  as 
may  i)roperly  belong  to  his  office,  together  with  all  clerical  duty  belong- 
ing to  the  Executive  Department. 

The  Oovernofs  Vote. 

The  Returns  of  the  Election  for  Governor,  under  Seal,  are  to  be  ad- 
dressed to  the  Speaker  of  the  House  of  Delegates,  and  enclosed  and 
transmitted  to  the  Secretary  of  State,  and  delivered  to  said  Speaker 
at  the  commencement  of  the  session  of  the  General  Assembly  next 
ensuing  said  election. — Constitution,  Article  II,  Sec.  2. 

The  Duties  of  the  Secretary  of  State,  are  further  prescribed  by  Laws 
of  the  State,  as  follows  : 

A  Department  Seal. — The  Secretary  of  State  shall  have  a  Seal  for  his 
Department,  for  the  authentication  of  copies  of  records  or  papers  in  his 
office  ;  but  no  copy  of  a  record  or  paper  shall  be  given  out  or  certified 
by  him,  of  any  order,  entry  or  action  of  the  Governor,  without  the  ap- 
probation of  the  Governor. — Article  80,  P.  G.  L.,  Sec.  1. 

To  lleford  Commissions  of  Civil  Officers. — The  Secretary  of  State  shall 
record  all  commissions  to  civil  otHcers,  issued  by  the  Governor,  in  a 
book  to  be  kejit  by  him  for  the  purpose,  and  shall  transmit  the  same 
to  the  clerks  of  the  several  Circuit  Courts  for  the  Counties,  and  the 
Superior  Court  of  Baltimore  City. — Ibid.  Sec.  2. 

May  Certify  to  the  Qualifications  of  Public  Officers. — The  Secretary  ol 
State  shall  preserve  the  reports  of  the  clerks  of  said  Courts,  transmitted 
4 


50 


GOVERNORS   OP   MARYLAND. 


to  him,  from  time  to  time,  of  the  qualification  of  officers,  and  shall  be 
competent  to  certify  to  their  characters  and  qualifications  equally  with 
the  said  clerks.— Ibid.,  Sec.  3. 

Copies  of  Office  Recm-ds  Legal  Evidewe.—BY  Sec.  53,  of  Article  37,  of 
General  Laws,  "A  cojjy  of  any  of  the  books,  papers,  entries  or  proceed- 
ings, in  the  custody  of,  or  in  the  oifice  of,  the  Secretary  of  State,  shall 
be  evidence  in  any  of  the  Courts  of  the  State.'' 

To  Furnish  Comptroller  Lists  of  Qualified  Officers.— By  Sec.  52,  oi 
Article  81,  of  General  Laws,  the  Secretary  of  State  shall  furnish  to  the 
Comptroller,  annually,  a  list  of  all  officers,  who  have  been  reported  to 
him  by  the  several  clerks  as  having  qualified  by  taking  the  oath  of 
office. 


THE    LORDS   PEOPEIETARY 
AND    THE    GOVERNOES    OP    MARYLAND. 


THE  LORDS  PROPRIETARY  OF  MARYLAND. 

1632.     Cecilius  Calvert,  Second  Lord  Baltimore. 

1675.     Charles  Calvert,  Third  Lord  Baltimore. 

1715.     Benedict  Leonard  Calvert,  Fourth  Lord  Baltimore. 

1715.     Charles  Calvert,  Fifth  Lord  Baltimore. 

1751.     Frederick  Calvert,  Sixth  Lord  Baltimore. 

1771  to  1776.     Sir  Henry  Harford,  last  Proprietary. 


THE   GOVERNORS   OF  MARYLAND 

From  1633  to  1874,  Under  the  Proprietary,  Royal  and 

State  Governments. 


1633.  Leonard  Calvert. 
1()47.  Thomas  Greene, 
1()49.  William  Stone. 
1654.  Commissioners  under  Par- 
liament. 
1658.  Josiah  Fendall. 

1661.  Philip  Calvert. 

1662.  Charles  Calvert. 


1667.  Charles  Lord  Baltimore. 
1678.  Thomas  Notley. 
1681.  Charles  Lord  Baltimore. 
1685.  William  Joseph,  Prest.  of 

Deputies. 
1689.  Convention  of  Protestant 
Association. 


KOYAIi   GOVERNORS. 


1692.  Sir  Lionel  Copley. 

1693.  Sir  Edmond  Andros. 

1694.  Francis  Nicholson. 
1699.  Nathaniel  Blackistone. 


1703.  Thomas  Tench,  President. 

1704.  John  Sevmour. 
1709.  Edward  Lloyd,  Prest. 
1714.  John  Hart. 


PROPRIETARY   GOVERNMENT. 


1715. 
1720. 
1727. 
1732. 
1733. 
1735. 


John  Hart. 

Charles  Calvert. 

Benedict  Leonard  Calvert. 

Samuel  Ogle. 

Charles  Lord  Baltimore, 

Samuel  Ogle. 


1742.  Thomas  Bladen. 
1747.  Samuel  Ogle. 

1752.  Benjamin  Tasker,  Prest. 

1753.  Horatio  Sharpc. 
1769  to  1774.  Robert  Eden. 


THE   REVOLUTION, 

1774-5-6.  Convention  and  Council  of  Safety. 


GOVEENOUS   OF   MARYLAND. 


51 


STATE    GOVERNMENT. 

Elected  Annually  ly  the  Leyidature,  with  an  Executive  Council. 


1811. 

1812. 
1815. 
1818. 
1819. 
1822. 
1825. 
1828. 
1829. 

I8:i0. 
18:51. 
1832. 
1833. 


Robert  Bowie. 

Levin  Winder. 

Chas.  Ridgely  of  Hampton. 

Charles  Goldsborough. 

Samuel  Sprigg. 

Samuel  Stevens,  Jr. 

Joseph  Kent. 

Daniel  Martin. 

Thomas  King  Carroll. 


Daniel  Martin. 
George  Howard.- 
George  Howard. 
James  Thomas. 


-(Acting.) 


1835.  Thomas  W.  Veazey. 


1777.  Thomas  Johnson. 
1779.  Thomas  Sim  Lee. 
1782.  William  Paca. 
1785.  William  Smallwood. 
1788.  John  Eager  Howard. 

1791.  George  Plater. 

1792.  Thomas  Sim  Lee. 
1794.  John  H.  Stone. 

1797.  John  Henry. 

1798.  Benjamin  Ogle. 
1801.  John  Francis  Mercer. 
1803.  Bol>ert  Bowie. 
180C).  R()l)ert  Wright. 
1809.  Edward  Lloyd. 

Elected  under  the  Amended  Constitution  of  1838,  for  Three  Years. 

William  Grason,  of  Queen  Anne's  Co 1838. 

Francis  Thomas,  of  Frederick  Co., 1841. 

Thomas  G.  Pr.vtt,  of  Prince  George's  Co., 1844, 

Philip  F.  Thomas,  of  Talbot  Co.,  7 1847. 

Enoch  Louis  Lowe,  of  Frederick  Co., 1850. 

Elected  under  the  Constittition,  of  1851  for   Four  Tears. 

Thomas  Watkins  Ligon,  of  Howard  Co 1853. 

Thomas  Holliday  Hicks,  of  Dorchester  Co., 1857. 

Augustus  W.  Bradford,  of  Baltimore  Co., 1861. 

Elected  under  the    Comtitution  of  1864,  for  Four  Tears. 

Thomas  Swann,  of  Baltimore  City, . . .  < 1865. 

{Lt.  Governor',  C.  C.  Cox,  of  Baltimore  City,) 1865. 

Elected  under  the  Constitution  of  1867,  for  Four  Tears. 

Oden  Bowie,  of  Prince  George's  Co., 18G9. 

To  serve  three  years  from  18G9,  by  special  provision,  see  Constitu- 
tion, Article  1,  Sec.  1. 

Wm.  Pinkney  Whyte,  of  Baltimore  City 1872. 

To  serve  four  years  from  the  second  Wednesday  in  January,  1873. 


53  LEGISLATIVE    DEPAHTMENT. 

LEGISLATIVE     DE  P  AE  T  M  ENT. 

ARTICLE    III. 

Article  III,  of  the  Constitution,  prescribes  the  powers  and  duties  of 
•  the  General  Asseml^ly,  as  follows  : 

Section  1.  The  Legislature  shall  consist  of  two  distinct  Branches; 
a  Senate,  and  a  House  of  Delegates,  and  shall  be  styled  the  General 
Assembly  of  Maryland. 

Election  of  Senators. 

Sec.  2.  Each  County  in  the  State,  and  each  of  the  three  Legislative 
Districts  of  Baltimore  City,  as  they  are  now,  or  may  hereafter  be,  de- 
tined,  shall  be  entitled  to  one  Senator,  who  shall  be  elected  by  the 
qualified  voters  of  the  Counties,  and  of  the  Legislative  Districts  of 
Baltimore  City,  respectively,  and  shall  serve  for  four  years  from  the 
date  of  his  election,  subject  to  che  classification  of  Senators,  hereafter 
provided  for. 

liepi'esentation  in  House  of  Delegates  until  Next  Census. 

Sec.  3.  L'ntil  the  taking  and  jjublishing  of  the  next  National  Cen- 
sus, or  until  the  enumeration  of  the  jjopufation  of  this  State,  under  the 
Authority  thereof,  the  several  Counties,  and  the  City  of  Baltimore, 
shall  have  rei)resentation  in  the  House  of  Delegates,  as  follows  :  Alle- 
gany County,  five  Delegates  ;  Anne  Arundel  County,  three  Delegates  ; 
Baltimore  County,  six  Delegates ;  each  of  the  three  Legislative  Dis- 
tricts of  the  City  of  Baltimore,  six  Delegates ;  Calvert'  County,  two 
Delegates ;  Caroline  County,  two  Delegates ;  Carroll  County,  four 
Delegates ;  Cecil  County,  four  Delegates  ;  Charles  County,  two  Dele- 
gates ;  Dorchester  County,  three  Delegates ;  Frederick  County,  six 
Delegates  ;  Harford  County,  four  Delegates ;  Howard  County,  two 
Delegates ;  Kent  County,  two  Delegates ;  Montgomery  County,  three 
Delegates ;  Prince  George's  County,  three  Delegates :  Queen  Anne's 
County,  two  Delegates  ;  Saint  Mary's  County,  two  Delegates  ;  Somer- 
set County,  three  Delegates ;  Talbot  County,  two  Delegates ;  Wash- 
ington County,  five  Delegates ;  and  Worcester  County,  three  Delegates. 

Basis  of  Representation. 

Sec.  4.  As  soon  as  may  be  after  the  taking  and  publishing  of  the 
next  National  Census,  or  afterthe  enumeration  of  the  population  of  this 
State,  under  the  Authority  thereof,  there  shall  be  an  apportionment 
of  representation  in  the  House  of  Delegates,  to  be  made  on  the  follow- 
ing basis,  to  wit :  Each  of  the  several  Counties  of  the  State,  having  a 
population  of  eigliteen  thousand  souls,  or  less,  shall  be  entitled  to  two 
Delegates ;  and  every  County,  having  a  population  of  over  eighteen 
thousand,  and  less  than  twenty-eight  thousand  souls,  shall  be  entitled 
to  tliree  Delegates  :  and  every  County,  having  a  population  of  twenty- 
eight  lliousand,  and  less  than  forty  thousand  souls,  shall  be  entitled 
to  four  Delegates ;  and  every  County,  having  a  po})ulation  of  forty 
thousand,  and  less  than  fifty-five  thousand  souls,  shall  be  entitled  to 
five  Delegates ;  and  every  County,  having  a  population  of  fifty-five 
thousand  souls,  and  ujjwards,  shall  be  entitled  to  six  Delegates,  and 
no  more  ;  and  each  of  the  three  Legislative  Districts  of  the  City  of 
Baltimore  shall  be  entitled  to  the  number  of  Delegates  to  which  the 


LKGISLATIVE   DEPARTMENT.  53 

largest  County  shall,  or  may  be  entitled,  under  the  aforegoing  appor- 
tionment. And  the  General  Assembly  shall  have  power  to  provide  by 
Law,  from  time  to  time,  for  altering  and  changing  the  boundaries  of 
the  three  existing  Legislative  Districts  of  the  ("ity  of  Baltimore,  so  as 
to  make  them,  as  near  as  may  be,  of  ecjual  population  ;  but  said  Dis- 
tricts shall  always  consist  of  contiguous  territory. 

Governor  to  Arrange  Representation. 
Sec.  5.  Immediately  after  the  taking  and  ])ublishing  of  the  next 
National  Census,  or  after  any  State  enumeration  of  population,  as 
aforesaid,  it  shall  be  the  duty  of  the  Governor,  then  being,  to  arrange 
the  representation  in  said  House  of  Delegates,  in  accordance  with  the 
ap])ortionmcnt  herein  provided  for;  and  to  declare,  by  Proclamation, 
the  number  of  Delegates,  to  which  each  County,  and  tlie  City  of  Balti- 
more may  be  entitled,  under  such  apportionment ;  and  after  every 
National  Census  taken  thereafter,  or  after  any  State  enumeration  of 
po])ulation,  thereafter  made,  it  shall  ])e  the  duty  of  the  Governor,  for 
the  time  being,  to  make  similar  adjustment  of  Rej^resentation,  and  to 
declare  the  same  by  Proclamation,  as  aforesaid. 

Election  of  Delegates. 

Sec.  6.  The  members  of  the  House  of  Delegates  shall  be  elected 
by  the  qualified  voters  of  the  Counties,  and  the  Legislative  Districts 
of  Baltimore  City,  resi)ectively,  to  serve  for  two  years,  from  the  day  of 
their  election. 

Time  of  Elections. 

Sec.  7.  The  first  election  for  Senators  and  Delegates  shall  take  place 
on  the  Tuesday  next,  after  the  first  Monday  in  the  month  of  Novem- 
ber, eighteen  hundred  and  sixty-seven ;  and  the  election  for  Delegates, 
and  as  nearly  as  practicable,  for  one-half  of  the  Senators,  shall  be  held 
on  the  same  day,  in  every  second  year  thereafter. 

Classification  of  Senators. 

Sec.  8.  Immediately  after  the  Senate  shall  have  convened,  after  the 
first  election,  under  this  Constitution,  the  Senators  shall  be  divided 
by  lot,  into  two  classes,  as  nearly  equal  in  number  as  may  be — Sena- 
tors of  the  first  class  shall  go  out  of  office  at  the  expiration  of  two 
years,  and  Senators  shall  be  elected  on  the  Tuesday  next  after  the  first 
Monday  in  the  month  of  November,  eighteen  hunclred  and  sixty-nine, 
for  the  term  of  four  years,  to  supply  their  ])laces ;  so  that,  after  the 
first  election,  one-half  of  the  Senators  may  be  chosen  every  second 
year.  In  case  the  number  of  Senators  be  hereafter  increased,  such 
classification  of  the  additional  Senators  shall  be  made  as  to  preserve, 
as  nearly  as  may  be,  an  equal  numl)er  in  each  class. 

Qualifications  of  Senators  and  Delegates. 

Sec.  9.  No  person  shall  be  eligible  as  a  Senator  or  Delegate,  who  at 
the  time  of  his  election,  is  not  a  citizen  of  the  State  of  Maryland,  and 
who  has  not  resided  therein,  for  at  least  three  years,  next  preceding 
the  day  of  his  election,  and  the  last  year  thereof,  in  the  County,  or  in 
the  Legislative  District  of  Baltimore  City,  which  he  may  be  chosen  to 
represent,  if  such  County,  or  Legislative  District  of  said  City,  shall 
have  been  so  long  established  ;  and  if  not,  then  in  the  County,  or  City, 
from  which,  in  whole,  or  in  part,  the  same  may  have  been  formed ; 


54  LEGISLATIVE   DEPAETMENT. 

nor  shall  any  person  be  eligible  as  a  Senator,  unless  he  shall  have 
attained  the  age  of  twenty-five  years,  nor  as  a  Delegate,  unless  he  shall 
have  attained  the  age  of  twenty-one  years,  at  the  time  of  his  election. 

Persons  Ineligible. 

Sec.  10.  No  member  of  Congress,  or  person  holding  any  civil,  or 
military  office  under  the  United  States,  shall  be  eligible  as  a  Senator, 
or  Delegate ;  and  if  any  person  shall  after  his  election  as  Senator,  or 
Delegate,  be  elected  to  Congress,  or  be  appointed  to  any  office,  civil, 
or  military,  under  the  Government  of  the  United  States,  his  accept- 
ance thereof,  shall  vacate  his  seat. 

Ministers  Ineligihle. 

Sec.  11.  No  Minister  or  Preacher  of  the  Gospel,  or  of  any  religious 
creed  or  denomination,  and  no  person  holding  any  civil  office  of  profit, 
or  trust,  under  this  State,  except  Justices  of  the  Peace,  shall  be  eligi- 
ble as  Senator  or  Delegate. 

Defaulters  Ineligihle. 

Sec.  12.  No  Collector,  Receiver,  or  Holder  of  public  m.oney  shall 
be  eligible  as  Senator  or  Delegate,  or  to  any  offi.ce  of  profit,  or  trust, 
under  this  State,  until  he  shall  have  accounted  for,  and  paid  into  the 
Treasury  all  sums  on  the  books  thereof  charged  to,  and  due  by  him. 
Vacancies  in  Senate  or  House. 

Sec.  13.  In  case  of  death  disqualification,  resignation,  refusal  to 
act,  expulsion,  or  removal  fi"om  the  county,  or  city,  for  which  he  shall 
have  been  elected,  of  any  person,  who  shall  have  been  chosen  as  a 
Delegate  or  Senator,  or  in  case  of  a  tie  between  two  or  more  such 
qualified  persons,  a  Avarrant  of  election  shall  be  issued  by  the  Speaker 
of  the  House  of  Delegates  or  President  of  the  Senate,  as  the  case  may 
be,  for  the  election  of  another  person  in  his  place,  of  which  election, 
not  less  than  ten  days  notice  shall  be  given,  exclusive  of  the  day  of 
the  publication  of  the  notice,  and  of  the  day  of  election  ;  and,  if  dur- 
ing the  recess  of  the  Legislature,  and  more  than  ten  days  before  its  ter- 
mination, such  death  shall  occur,  or  such  resignation,  refusal  to  act,  or 
disqualification  be  communicated,  in  writing  to  the  Governor  by  the 
person,  so  resigning,  refusing,  or  disqualified,  it  shall  be  the  duty  of 
the  Governor  to  issue  a  warrant  of  election  to -supply  the  vacancy  thus 
created,  in  the  same  manner,  the  said  Speaker  or  President,  might  have 
done,  during  the  session  of  the  General  Assembly ;  provided,  however, 
that  unless  a  meeting  of  the  General  Assembly  may  intervene,  the 
election,  thus  ordered  to  fill  such  vacancy,  shall  he  held  on  the  day  of 
the  ensuing  election  for  Delegates  and  Senators. 

Meetings  of  Legislature. 

Sec.  14.  The  General  Assembly  shall  meet  on  the  first  Wednesday 
of  January,  eighteen  hundred  and  sixty-eight,  and  on  the  same  day 
in  every  second  year  thoroaftcr,  and  at  no  other  time,  unless  convened 
by  proclamation  of  the  Governor. 

Compensation  of  Memiers. — Extra  Sessions. 

Sec.  IT).  The  General  Assembly  may  continue  its  session  so  long  as, 

in  its  judgment,  the  pul)lic  interest  may   require,   for  a  period  not 

longer  than  ninety  days;  and  each  member  thereof,  shall  receive  a 

compensation  of  fiv(j  dollars  per  diem,  for  every  day  he  shall  attend 


LEGISLATIVE   DErAKTMENT.  55 

the  session ;  but  not  for  such  days  as  he  may  be  absent,  unless  absent 
on  account  of  sickness,  or  by  leave  ol  the  House  of  which  he  is  a 
member ;  and  he  shall  also  receive  such  mileage  as  may  be  allowed  by 
Law,  not  exceeding  twenty  cents  per  mile ;  and  the  presiding  officer 
of  each  House  shall  receive  an  additional  compensation  of  three  dol- 
lars per  day.  When  the  Gciicral  Asseml)ly  shall  be  convened  by  pro- 
clamation of  the  Governor,  tlie  sesrsion  shall  not  continue  longer  than 
thirty  days ;  and  in  such  case,  the  compensation  shall  be  the  same  as 
herein  prescribed. 

Books  Not  to  he  Purchased. 
Sec.  16.  No  book,  or  other  printed  matter,  not  appertaining  to  the 
business  of  the  session,  shall  be  purchased,  or  subscribed  for,  for  the 
use  of  the  members  of  the  General  Assembly,  or  be  distributed  among 
them,  at  the  public  expense. 

Disqualijication  to  Hold  Certain  Offices. 
Sec.  17.  No  Senator  or  Delegate,  after  qualifying  as  such,  notwith- 
standing he  may  thereafter  resign,  shall,  during  the  whole  period  of 
time  for  which  he  was  elected,  be  eligible  to  any  office,  which  shall 
liave  been  created,  or  the  salary,  or  profits  of  which  shall  have  been 
increased,  during  such  term. 

Exemption  for  Words  in  Delate. 
Sec.  18.  No  Senator  or  Delegate  shall  be  liable  in  any  civil  action, 
or  criminal  prosecution,  whatever,  for  words  spoken  in  debate., 

Poicers  of  Each  House. 
Sec.  19.  Each  House  shall  be  judge  of  the  qualifications  and  elec- 
tions of  its  members,  as  prescribed  by  the  Contitution  and  Liws  oi 
the  State :  shall  appoint  its  own  officers,  determine  the  rules  of  its 
own  proceedintrs,  punish  a  member  for  disorderly  or  disrespectful  be- 
havior, and  with  the  consent  of  two-thirds  of  its  whole  number  of 
members  elected,  expel  a  member ;  but  no  member  shall  be  expelled 
a  second  time  for  the  same  oflence. 

Quorum. 
Skc.  20.  A  majority  of  the  whole  number  of  members  elected  to 
each  House,  shall" constitute  a  quorum  for  the  transaction  of  business; 
but  a  smaller  number  may  adjourn  from  day  to  day,  and  compel  the 
attendant  e  of  absent  members,  in  such  manner,  and  under  such  penal- 
ties, as  each  House  may  prescribe. 

Sessions  to  he  Open. 
Sec.  21.  The  doors  of  each  House,  and  of  the  Committee  of  the 
Whole,  shall  be  open,  except  when  the  business  is  such  as  ought  to  be 
kept  secret. 

Journals  to  le  Pttllished — Yeas  and  Nai/s. 

Sec.  22.  Each  House  shall  keep  a  Journal  of  its  proceedings,  and 
cause  the  same  to  be  published.  The  yeas  and  nays  of  the  members 
on  any  question,  shall,  at  the  call  of  any  five  of  them  in  the  House  of 
Delegates,  or  one  in  the  Senate,  be  entered  on  the  Journal. 

Imprisonment  of  Disordei'ly  Persons. 
Sec.  23.  Each  House  may  ■i)unish  by  imprisonment,  during  the  ses- 
sion of  the  General  Assembly,  any  person,  not  a  member,  for  disre- 


56  LEGISLATIVE   DEPARTMENT. 

spectfal,  or  disorderly  behavior  in  its  presence,  or  for  obstructing 
any  of  its  proceedings,  or  any  of  its  officers  in  the  execution  of  their 
duties ;  provided,  such  imprisonment  shall  not,  at  any  one  time,  exceed 
ten  days. 

Power's  of  the  House  of  Delegates  as  the  Grand  Inquest. 
Sec  24.  The  House  of  Delegates  may  inquire,  on  the  oath  of  wit- 
nesses, into  all  complaints,  grievances  and  offences,  as  the  Grand 
Inquest  of  the  State,  and  may  commit  any  person,  for  any  crime,  to 
the  public  jail,  tlicre  to  remain,  until  discharged  by  due  course  of  law. 
They  may  examine  and  pass  all  accounts  of  the  State,  relating  either 
to  the  collection  or  expenditure  of  the  revenue,  and  appoint  Auditors 
to  state  and  adjust  the  same.  They  may  call  for  all  public  or  official 
papers  and  records,  and  send  for  persons,  whom  they  may  judge  neces- 
sary, in  the  course  of  their  inquiries,  concerning  affairs  relating  to  the 
public  interest,  and  may  direct  all  office  bonds  which  shall  be  made 
payable  to  the  State,  to  be  sued  for  any  breach  thereof 

Joint  Committee  to  Examine  Contracts  and  Abuses. 
And  with  the  view  to  the  more  certain  prevention,  or  correction  of 
the  abuses  in  the  expenditures  of  the  money  of  the  State,  the  General 
Assembly  shall  create,  at  every  session  thereof,  a  joint  Standing  Com- 
mittee of  the  Senate  and  House  of  Delegates,  who  shall  have  power 
to  send  for  persons  and  examine  them  on  oath,  and  call  for  public  or 
official  pajDers  and  records,  and  whose  duty  it  shall  be  to  examine  and 
report  upon  all  contracts  made  for  printing  stationery,  and  purchases 
for  the  public  offices  and  the  Library,  and  all  expenditures  therein, 
and  upon  all  matters  of  alleged  abuse  in  ex])enditures,  to  which  their 
attention  may  be  called  by  resolution  of  either  House  of  the  General 
Assembly. 

Special  Adjournments. 

Sec.  25.  Neither  House  shall,  without  the  consent  of  the  other, 
adjourn  for  more  than  three  days,  at  any  one  time,  nor  adjourn  to  any 
other  place,  than  that  in  which  tlie  House  shall  be  sitting,  without  the 
concurrent  vote  of  two-thirds  of  the  members  present. 

Impeachment. 

Sec,  26.  The  House  of  Delegates  shall  have  the  sole  power  of  im- 
peachment in  all  cases;  but  a  majority  of  all  the  members  elected 
must  concur  in  the  impeachment.  All  impeachments  shall  be  tried 
by  the  Senate,  and  when  sitting  for  that  j)urpose,  the  Senators  shall 
be  on  oath,  or  affirmation,  to  do  justice  according  to  the  law  and  the 
evidence ;  but  no  person  shall  be  convicted  without  the  concurrence 
of  two-tliirds  of  all  the  Senators  elected. 

Either  Iloufie  May  Originate  Bills. 

Sec.  27.  Any  bill  may  originate  in  either  House  of  the  General 
Assembly,  and  be  altered,  amended,  or  rejected  by  the  other ;  but  no 
bill  shall  originate  in  either  House  during  the  last  ten  days  of  the 
session,  imless  two-thirds  of  the  members  elected  thereto,  shall  so  de- 
termine by  yeas  and  nays;  nor  shall  any  bill  become  a  Law,  until  it 
be  read  on  three  different  days  of  the  session  in  each  House,  unless 
two-thirds  of  the  members  elected  to  the  House,  where  such  bill  is 
pending,  shall  so  determine  by  yeas  and  nays ;  and  no  bill  shall  be 


LEGISLATIVE   DEPARTMENT.  57 

read  a  third  time  until  it  shall  liave  been  actually  engrossed  for  a  third 
reading. 

Passage  of  Bills. 

Sec.  28.  No  bill  shall  become  a  Law,  unless  it  be  passed  in  each 
House,  by  a  majority  of  the  Avhole  number  of  the  members  elected, 
and  on  its  ihial  passage,  the  yeas  and  nays  l)e  recorded ;  nor  shall  any 
Resolution,  requiring  the  action  of  both  Houses,  be  passed,  except  in 
the  same  manner. 

Mode  of  Enactment  of  Laws. 

Sec.  29.  The  style  of  all  Laws  of  this  State  shall  be,  "Be  it  enacted 
by  the  General  Assembly  of  ]\Iaryland  :"  and  all  Laws  shall  be  passed 
by  original  bill ;  and  every  Law  enacted  by  the  General  Assembly, 
shall  embrace  but  one  subject,  and  that  shalfbe  described  in  its  title; 
and  no  Law,  nor  section  of  Law,  shall  be  revived,  or  amended  by 
reference  to  its  title,  or  section  only ;  nor  shall  any  Law  be  construed 
by  reason  of  its  title,  to  grant  powers,  or  confer  rights  which  are  not 
expressly  contained  in  the  body  of  tlie  Act ;  and  it  shall  be  the  duty 
of  the  General  Assembly,  in  amending  any  article,  or  section  of  the 
Code  of  Laws  of  this  State,  to  enact  the  same,  as  the  said  article,  or 
section  would  read  when  amended.  And  whenever  the  General 
Assembly  shall  enact  any  Public  General  Law,  not  amendatorv  of  any 
section,  or  article  in  the  said  Code,  it  shall  be  the  duty  of  the  General 
Assembly  to  enact  the  same,  in  articles  and  sections,  in  the  same  man- 
ner, as  the  Code  is  arranged,  and  to  provide  for  the  publication  of  all 
additions  and  alterations,  which  may  be  made  to  the  said  Code. 

The  Oovernor  to  Sign  Bills,  &c. 

Sec.  30.  Every  bill,  when  passed  by  the  General  Assemblv,  and 
sealed  with  the  Great  Seal,  shall  be  presented  to  the  Governor,  who, 
if  he  approves  it.  shall  sign  the  same  in  the  presence  of  the  presiding 
officers  and  Chief  Clerks  of  the  Senate  and  House  of  Delegates. 

\To  Pass  Bills  over  tlie  Oovernor' s  Vote: 
Sec.  17,  of  Article  II,  (which  is  interpolated  here,)  provides  that 
Every  Bill  which  shall  have  passed  the  House  of  Delegates  and 
Senate,  shall  before  it  becomes  a  Law,  be  presented  to  the  Governor  of 
the  State;  if  he  approve  he  shall  sign  it;  but  if  not,  he  shall  return 
it,  with  his  objections,  to  the  House  in  which  it  originated,  which 
House  shall  enter  the  oVjections  at  large  on  its  Journal,  and  proceed 
to  reconsider  the  Bill;  if  after  such  reconsideration,  three-fifths  of  the 
members  elected  to  that  House  shall  pass  the  Bill,  it  shall  be  sent,  with 
the  objections  to  the  other  House,  by  which  it  shall  likewise  be  recon- 
sidered, and  if  passed  by  three-fifths  of  the  members  elected  to  that 
House,  it  shall  become  a  Law;  but  in  all  such  cases,  the  votes  of  both 
Houses  shall  be  determined  by  yeas  and  nays ;  and  the  names  of  the 
persons  voting  for  and  against  the  Bill,  shall  be  entered  on  the  Journal 
of  each  House  respectively;  if  any  Bill  shall  not  be  returned  by  the 
Governor  within  six  days,  (Sundays  excepted,)  after  it  shall  have'been 
presented  to  him  ;  the  same  shall"  be  a  Law  in  like  manner  as  if  he 
signed  it ;  unless  the  General  Assembly  shall,  by  adjournment,  pre- 
vent its  return ;  in  which  case  it  shall  not  be  a  Law.] 


08  LEGISLATIVE    DEPARTMENT. 

Laws  to  le  Recorded  in  Court  of  Appeals. 

Every  Law  shall  be  recorded  in  the  office  of  the  Court  of  Appeals, 
and  in  due  time,  be  j^i'iuted,  j)ublished  and  certified  under  the  Great 
Seal,  to  the  several  Courts,  in  the  same  manner  as  has  been  heretofore 
usual  in  this  State. 

When.  Laws  Take  Effect. 

Sec.  31.  No  Law  passed  by  the  General  Assembly  shall  take  effect, 
until  the  first  day  of  June,  next  after  the  Session  at  which  it  may  be 
passed,  unless  it  be  otherwise  expressly  declared  therein. 

Appropi'iations  to  ie  Made  hy  Law — Contingent  Fund. 

Sec.  32.  No  money  shall  be  drawn  from  the  Treasury  of  the  State, 
by  any  order  or  resolution,  nor  except  in  accordance  with  an  appro- 
priation by  Law,  and  every  such  Law  shall  distinctly  specify  the  sum 
appropriated,  and  the  object,  to  which  it  shall  be  applied ;  provided, 
that  nothing  herein  containeu,  shall  prevent  the  General  Assembly  from 
placing  a  contingent  fund  at  the  disposal  of  the  Executive,  who  shall 
report  to  the  General  Assembly,  at  each  Session,  the  amount  exiDcnd^d, 
and  the  purposes  to  which  it  was  applied.  An  accurate  statement  of 
the  receipts  and  expenditures  of  the  public  money,  shall  be  attached 
to,  and  published  with  the  Laws,  after  each  regular  Session  of  the 
General  Assemlily. 

Local  and  Special  Laws  Not  to  le  Passed. 

Sec.  33.  The  General  Assembly  shall  not  pass  local,  or  special  Laws, 
in  any  of  the  folloAving  enumerated  cases,  viz.  For  extending  the  time 
for  the  collection  oi  taxes ;  granting  divorces ;  changing  the  name  of 
any  person ;  providing  for  the  sale  of  real  estate,  belonging  to  minors, 
or  other  persons  laboring  under  legal  disabilities,  by  executors,  ad- 
ministrators, guardians  or  trustees ;  giving  eflect  to  informal,  or  in- 
valid deeds  or  Avills ;  refunding  money  paid  into  the  State  Treasury, 
or  releasing  persons  fi-om  their  debts,  or  obligations  to  the  State,  un- 
less recommended  by  the  Governor,  or  officers  of  the  Treasury  Depart- 
ment. And  the  Gei;eral  Assembly  shall  pass  no  special  Law,  for  any 
case,  for  which  provision  has  been  made,  by  an  existing  General  Law. 
The  General  Assembly,  at  its  first  session  after  the  adoption  of  this 
Constitution,  shall  pass  General  Laws,  providing  for  the  cases  enumer- 
ated in  this  section,  which  are  not  already  adequately  provided  for. 
and  for  all  other  cases,  where  a  General  Law  can  be  made  applicable, 

Debts  not  to  ie  Contracted  nor  State  Credit  Given — The  PuUic  Debt. 

Sec.  34.  No  debt  shall  be  hereafter  contracted  by  the  General 
Assembly,  unless  such  debt  shall  be  authorized  by  a  Law,  providing 
for  the  collection  of  an  annual  tax,  or  taxes,  sufficient  to  pay  the  inter- 
est on  such  debt,  as  it  falls  due;  and  also,  to  discharge  the  principal 
thereof,  within  fifteen  years  from  the  time  of  contracting  the  same; 
and  the  taxes  laid  for  this  purpose,  shall  not  be  re])ealed,  or  applied  to 
any  other  object,  until  the  said  debt,  and  interest  thereon,  shall  be 
fully  discharged.  The  credit  of  the  State  shall  not  in  any  manner  be 
given,  or  loaned  to,  or  in  aid  of,  any  individual  association  or  corpora- 
tion ;  nor  shall  the  General  Assembly  have  the  power,  in  any  mode,  to 
involve  the  State  in  the  construction  of  Works  of  Internal  Improve- 
ment, nor  in  granting  any  aid  thereto,  -whicli  shall  involve  the  faith 


LEGISLATIVE   DEl'AKTMENT.  59 

or  credit  of  the  State ;  nor  make  any  appropriation  therefor,  except  in 
afd  of  tlie  construction  of  "Works  of  Internal  Improvement,  in  the 
counties  of  Saint  Mary's,  Cliarlcs  and  Calvert,  which  have  had  no  di- 
rect advantage  Jrom  such  works  as  have  l)een  heretofore  aided  by  the 
State;  and  provided,  that  such  aid,  adyances  or  appropriations  sliall 
not  exceed  in  the  aggregate  tlie  sum  of  live  hundred  thousand  dollars. 
And  they  shall  not  use,  or  ai)])ro])riate  the  proceeds  of  the  Internal 
Improvement  Companies,  or  of  the  State  tax,  now  levied,  or  which 
may  hereafter  be  levied,  to  pay  oft"  Ihe  i)ublic  debt,  to  any  other  purpose 
until  the  interest  and  debt  are  fully  j^aid,  or  the  sinking  fund  shall  be 
equal  to  the  amount  of  the  outstanding  debt;  but  the  General  Assem- 
bly may,  without  laying  a  tax,  ln)rr<)W  an  amount  never  to  exceed 
fifty  thousand  dollars,  to  meet  temporary  deficiencies  in  the  Treasury, 
and  may  contract  debts  to  any  amount  that  may  be  necessary  for  the 
defence  of  the  State. 

Extra  Compensation  Not  to  he  Allowed. 
Sec.  35.  No  extra  compensation  shall  be  granted,  or  allowed,  by  the 
General  Assembly,  to  any  Public  Ofilcer,  Agent,  Servant  or  Contractor, 
after  the  service  shall  have  been  rendered,  or  tlss  contract  entered  into  ; 
nor  shall  the  salary,  or  compensation  of  any  public  oliicer  be  increased 
or  diminished  during  his  term  of  office. 

Lotte?Hes  Prohihifed. 

Sec.  30.  No  Lottery  grant  shall  ever  hereafter  be  authorized  by  the 
General  Assembly. 

Payment  for  Slaves  Prohibited. 

Sec.  37.  The  General  Assembly  shall  pass  no  Law  provided  for  joay- 
mcnt,  by  this  State,  for  slaves  emancipaicd  from  servitude  in  this 
State;  but  they  shall  adopt  such  measures,  as  they  may  deem  exi)edi- 
ent,  to  obtain  from  the  United  States,  compensation  for  such  slaves, 
and  to  receive  and  distribute  the  same,  equitably,  to  the  persons  en- 
titled. 

No  Imprisonme?it  for  Debt. 

Sec.  38.  No  person  shall  be  imprisoned  for  debt. 
Bank  Charters  and  Liabilities. 

Sec.  39.  The  General  Assembly  sliall  grant  no  charter  for  Banking 
purposes,  nor  renew  any  Banking  Cor])oration,  now  in  existence, 
except  upon  the  condition  that  the  Stockholders  shall  be  liable  to  the 
amount  of  their  respective  Share,  or  Shares  of  Stock  in  such  Banking 
Listitution,  for  all  its  debts  and  liabilities,  upon  note,  bill,  or  other- 
wise ;  the  books,  jjapers  and  accounts  of  all  Banks  shall  be  open  to 
inspection,  under  such  regulations  as  may  be  prescribed  by  Law. 

Compensation  for  Property  Taken  for  Public   Use. 
Src.  40.  The  General  Assembly  shall  enact  no  Law  authorizing  pri- 
vate property,  to  be  taken  for  public  use,  wdthout  just  compcn'--ati(m, 
as  agreed  ujion  between  the  parties,  or  awarded  by  a  jury,  being  first 
paid,  or  tendered  to  the  party,  entitled  to  such  compensation. 

Duellists  Ineligible. 
Sec.  41.  Any  citizen  of  this  State,  who  shall,  after  the  adoption  of 
this   Constitution,  either   in  or  out  of  this  State,  tight  a  duel   with 
deadly  weapons,  or  send  or  except  a  challenge  so  to  do,  or  who  shall 


60  LEGISLATIVE   DEPARTMENT. 

act  as  a  second,  or  knovtangly  aid  or  assist,  in  any  manner ;  those  offend- 
ing, shall,  ever  thereafter,"be  incapable  of  holding  any  office  of  profit 
or  trust  under  this  State,  unless  relieved  from  the  disability  by  an 
Act  of  the  Legislature. 

Purity  of  Elections. 

Sec.  42.  The  General  Assembly  shall  pass  Laws  necessary  for  the 
preservation  of  the  i^urity  of  Elections. 

Wife's  Properti/  Protected. 
Sec.  43.  The  property  of  the  wile  shall  be  protected  from  the  debts 
of  her  husband. 

Exemption  Laws. 

Sec.  44.  Laws  shall  be  passed  by  the  General  Assembly,  to  protect 
from  execution  a  reasonable  amount  of  the  property  of  the  debtor,  not 
exceeding  in  value,  the  sum  of  five  hundred  dollars. 

Compensation  of  Clerks  and  Registers. 

Sec.  45.  The  General  Assembly  shall  provide  a  simple  and  uniform 
system  of  charges  in  the  offices  of  Clerks  of  Courts,  and  Registers  of 
Wills,  in  the  Counties  of  this  State  and  the  City  of  Baltimore,  and  for 
the  collection  thereof;  provided,  the  amount  of  comjiensation  to  any 
of  the  said  otiicers,  in  the  various  Counties,  shall  not  exceed  the  sum  of 
three  thousand  dollars  a  year,  and  in  the  City  of  Baltimore  thirty-five 
hundred  dollars  a  year  over  and  above  office  expenses,  and  compensa- 
tion to  assistants;  and  provided,  further,  that  such  compensation  of 
Clerks,  Registers,  assistants  and  office  expenses,  shall  always  be  paid 
out  ot  the  fees,  or  receipts  of  the  offices,  respectively. 

Legislature  may  Receive  Donations  from  the   United  States. 

Sec  46.  The  General  Assembly  shall  have  jiower  to  receive  from 
the  United  States,  any  grant  or  donation  of  land,  money,  or  securities 
for  any  ])urpose  designated  by  the  United  States,  and  shall  administer 
or  distribute  the  same  according  to  the  conditions  of  the  said  grant' 

Contested  Elections. 
Sec.  47.  The  General  Assembly  shall  make  provisions  for  all  cases 
of  contested  elections  of  any  of  the  officers,  not  herein  provided  for. 

Corporations  to  le  Farmed  under  Oeneral  Laws — 
Charters  may  le  Repealed. 

Sec.  48.  Corporations  may  be  formed  under  general  Laws ;  but 
shall  not  he.  created  by  special  Act,  except  for  municipal  purjioses,  and 
except  in  cases,  where  no  general  Laws  exist,  providing  for  the  crea- 
tion of  corjjorations  of  the  same  general  character,  as  the  corporation 
proposed  to  be  created ;  and  any  Act  of  incorjjoration,  i:)assed  in  viola- 
tion of  this  section  shall  be  void.  And  as  soon  as  practicable,  after 
the  adoption  of  this  Constitution,  it  shall  be  the  duty  of  the  Governor, 
to  ap])()int  three  persons  learned  in  the  Law,  whose  duty  it  sliall  be  to 
prepare  drafts  of  general  Laws,  providing  for  the  creation  of  corpora- 
tions, in  such  cases  as  may  be  proper,  and  for  all  other  cases,  where  a 
general  Law  can  be  made ;  and  for  revising  and  amending,  so  far  as 
may  be  necessary,  or  ex])e(lient,  the  general  Laws  wliirli  may  l)e  in  ex- 
istence on  the  lirst  day  of  June,  eighteen  hundred  and  sixty-seven, 
providing  for  the  creation  of  corpuratious,  and  lor  other  purposes; 


LEGISLATIVE   DEPARTMENT.  61 

and  such  drafts  of  Laws  shall,  by  said  commissioners,  be  submitted  to 
the  General  Assembly,  at  its  iirst  meeting,  for  its  action  thereon;  and 
each  of  said  commissioners  slnxU  receive  a  compensation  of  five  hun- 
dred dollars  for  his  services,  as  such  commissioner. 

All  Charters  granted,  or  adopted  in  pursuance  of  this  section,  and 
all  Charters  heretofore  granted  and  created,  subject  to  rejjcal  or  modi- 
fication, may  l:)e  altered  from  time  to  time,  or  be  repealed ;  provided, 
nothing  herein  contained  shall  be  construed  to  extend  to  Banks,  or 
the  incorporation  thereof. 

Regulation  of  Elections. 

Sec  49.  The  General  Assembly  shall  have  power  to  regulate  by 
Law,  not  inconsistent  with  this  Constitution,  all  matters  which  relate 
to  the  .Judges  of  election,  time,  place  and  manner  of  holding  elections 
in  this  State,  and  of  making  returns  thereof. 

Punishment  of  Bribery, 

Sec.  50.  It  shall  be  the  duty  of  the  General  Assembly,  at  its  first 
session,  held  after  the  adoption  of  this  Constitution,  to  provide  by 
Law  for  the  punishment,  by  tine,  or  imprisonment  in  the  Penitentiary, 
or  both,  in  the  discretion  of  the  Court,  of  any  person  who  shall  bribe, 
or  attempt  to  bribe,  any  Executive  or  .Judicial  otTiccr  of  the  State  of 
Marylanrl,  or  any  member,  or  officer  of  the  General  Asscmljly  of  the 
State  of  Maryland,  or  of  any  municipal  corporation  in  the  State  of 
Maryland,  or  any  Executive  ofiicer  of  such  corporation,  in  order  to 
infiuence  him  in  the  performance  of  any  of  his  official  duties ;  and, 
also,  to  ])rovide  by  Law  for  the  ]mnishment,  by  fine,  or  imprisonment 
in  the  Penitentary,  or  both,  in  the  discretion  of  the  Court,  of  any  of 
said  officers  or  members,  who  shall  demand,  or  receive  any  bribe, 
fee,  reward,  or  testimonial,  for  the  performance  of  his  official  duties, 
or  for  neglecting,  or  failing  to  perform  the  same ;  and  also,  to  provide 
by  I^aw  for  compelling  any  person,  so  bribing,  or  attempting  to  bribe, 
or  so  demanding  or  receiving  a  bribe,  fee,  reward,  or  testimonial,  to 
testify  against  any  person  or  persons  who  may  have  committed  any  of 
said  ofiences  ;  provided,  that  any  person,  so  compelled  to  testify,  shall 
be  exempted  from  trial  and  punishment  for  the  ofience,  of  v.diich  he 
may  have  been  guilty  ;  and  any  person  convicted  of  such  ofience,  shall, 
as  part  of  the  punishment  thereof,  be  forever  disfranchised  and  dis- 
qualified from  holding  any  oflice  of  trust,  or  profit,  in  this  State. 

Taxation  of  Personal  Property. 

Sec.  51.  The  personal  property  of  residents  of  this  State,  shall  be 
su1)iect  to  taxation  in  the  county  or  city,  where  the  resident  bona  Jid-z 
resides  for  the  greater  part  of  the  year,  for  which  the  tax  may,  or  shall 
be  levied,  and  not  elsewhere,  except  goods  and  chattels  permanently 
located,  which  shall  be  taxed  in  the  city  or  county  where  they  arc  so 
located. 

Appropi'iations  for  Private  Claims. 

Sec.  53.  The  General  Assembly  shall  appropriate  no  money  out  of 
the  Treasury  for  payment  of  any  jjrivate  claim  against  the  State  ex- 
ceeding three  hundred  dollars,  unless  said  claim  shall  have  been  first 
presented  to  the  Comptroller  of  the  Treasury,  together  with  the  proofs 
upon  which  the  same  is  founded,  and  reported  upon  by  him. 


63  LEGISLATIVE    DEPARTMENT. 

No  Witness  Incompetent. 

Sec.  53.  No  person  shall  be  incompetent,  as  a  witness,  on  account 
of  race  or  color,  unless  hereafter  so  declared  by  Act  of  the  General 
Assembly. 

No  County  to  Contract  Debt  unless  AxitTiorized. 

Sec.  54.  No  County  of  this  State  shall  contract  any  debt,  or  obliga- 
tion, in  the  construction  of  any  Railroad,  Canal,  or  other  work  of 
Internal  ImiJrovement,  nor  give,  or  loan,  its  credit  to,  or  in  aid  of  any 
association  or  corporation,  unless  authorized  by  an  Act  of  the  General 
Assembly,  which  shall  be  published  for  two  months  before  tlie  next 
election  for  members  of  the  House  of  Delegates  in  the  newspapers 
iniblished  in  such  county,  and  shall  also  be  aj^proved  by  a  majority  of 
all  the  members  elected  to  each  House  of  the  General  Assembly  at  its 
next  session  after  said  election. 

Habeas  Corpiis. 

Sec.  55.  The  General  Assembly  shall  pass  no  Law  suspending  the 
privilege  of  the  Writ  of  Habeas  Cm'pus. 

Laics  to  Execute  Vested  Powers. 

Sec.  56.  The  General  Assembly  shall  have  power  to  pass  all  such 
Laws  as  may  be  necessary  and  i:)ropcr  for  carrying  into  execution  the 
powers  vested,  by  this  Constitution,  in  any  department,  or  office  of 
the  Government,  and  the  duties  imposed  upon  them  thereby. 

Bate  of  Interest. 

Sec.  57.  The  Legal  Eate  of  Interest  shall  hesLx per  c^nt.per  annum; 
vmless  otherwise  provided  by  the  General  Assembly. 

Foreign  Coi'porations  to  le  Taxed. 

Sec.  58.  The  Legislature  at  its  first  session,  after  the  ratification  of 
this  Constitution,  shall  provide  by  Law  for  State  and  municipal  tax- 
ation upon  the  revenues  accruing  fi-om  business  done  in  the  State  by 
all  foreign  corporations. 

Pension  System  AbolisTied. 

Sec.  59.  The  office  of  "State  Pension  Commissioner"  is  hereby 
abolished  ;  and  the  Legislature  shall  pass  no  Law  creating  such  office, 
or  establishing  any  general  pension  system  within  this  State. 


LEGISLATIVE   DEPAKTMENT.  63 

POWEES  AND   DUTIES   OF  THE  GENERAL  ASSEM- 
BLY UNDER  OTHER  PROVISIONS  OP 
THE   CONSTITUTION. 

The  following  additional  provisions  relating  to  the  powers  and 
duties  of  the  General  Assembly,  are  contained  in  other  Articles  of  the 
Constitution,  viz. 

Punishment  of  Illegal  Voting.— Kviu'Xa  1,  Sec.  4,  of  the  Constitution 
declares  that  it  shail  be  the'  duty  of  the  General  Assembly,  to  ])ass 
Laws  to  punish  with  fine  and  imprisonment,  any  person  who  shall 
remove  into  any  election  district  or  precinct  for  the  purpose  of  voting 
illegally. 

Registration  of  Voters. — Article  1,  Sec.  5,  requires  the  General  Assem- 
bly to  provide  by  Law  for  a  uniii)rm  registration  of  voters  in  this 
State. 

llemoval  of  Judges. — By  Article  4,  Sec.  4,  any  Judge  shall  be  re- 
moved from  ofiice,  by  the  Governor,  on  the  address  of  the  General 
Assembly,  two-thirds  of  each  House  concurring  in  such  address,  and 
the  accused  liaving  being  notified  of  the  charges  against  him,  and  hav- 
ing had  opportunity  of  making  his  defence. 

^Fixecl  Pay  far  Court  Officers. — By  Article  4,  Sec.  9,  it  shall  be  the 
duty  of  the  General  Assembly,  to  prescri!)e,  by  Law,  a  fixed  compensa- 
tion for  all  Court  officers  appointed  by  the  Judges. 

The  Judge  of  Court  of  Appeals  from  Baltimore  City  may  have  Ad- 
ditio7ial  Duties  Prescribed. — By  Article  4,  Sec.  14,  the  Judge  of  the 
Court  of  Ai)peals  from  the  City  of  Baltimore,  shall,  in  addition  to  his 
duties  as  Judge  of  the  Court  of  Appeals,  perform  such  other  duties 
as  the  General  Assembly  shall  prescribe. 

Teryns  of  the  Court  of  Appeals. — By  Article  4,  Sec.  14,  the  General 
Assemlily  may,  by  Law,  change  the  time  at  which  the  sessions  of  the 
Court  of  Appeals  are  held. 

PnUication  of  Reports. — By  Article  4,  Sec.  16,  provision  shall  be 
made,  by  Law,  for  the  publication  of  reports  of  cases  determined  in 
the  Court  of  Appeals. 

May  Change  or  Enlarge.,  cf'C,  the  Jurisdiction  of  Courts  in  Baltimore 
City. — By  Article  4,  Sec.  39,  the  General  Assembly  shall,  when  they 
think  the  same  proper  and  expedient,  provide,  by  Law,  for  another 
Court  in  the  City  of  Baltimore,  and  prescribe  its  jurisdiction  and 
powers.  And  the  General  Assembly  may  change,  reapportion  or  en- 
large the  jurisdictions  of  the  several  Courts  in  Baltimore  City. 

Pay  of  the  Orphans  Court  Judges. — By  Article  4,  Sec.  40,  the  Legis- 
lature may  fix  the  compensation  of  Judges  of  the  Orphans  Court. 

Duties  of  Cm-oners,  &c. — By  Article  4,  Sec.  45,  the  Legislature  may 
prescribe  the  duties  of  Coroners,  Elisors  and  Notaries  Public. 

Comptroller'' s  Reports. — By  Article  6,  Sec.  2,  the  Comptroller  shall 
make  full  reports  of  all  his  proceedings,  &c.,  to  the  General  Assembly 
within  ten  days  after  the  commencement  of  the  session. 

The  Duties,  &c.,  of  County  Commissioners. — By  Article  7,  Sec.  1, 
the  duties,  powers,  number  and  compensation  of  County  Commis- 
sioners, shall  be  the  same  as  they  now  are  or  may  hereafter  be  pre- 
scribed by  Law. 

Duties  of  County  Surveyors. — By  Article  7,  Sec.  2,  the  duties  and 
compensation  of  the  County  Surveyors  shall  be  the  same  as  they  now 
are,  or  may  hereafter  be  prescribed,  by  Law. 


64  LEGISLATIVE   DEPARTMENT. 

Dttties  of  the  Wreckmasters. — By  Article  7,  Sec.  6,  the  duties  of  the 
Wreckmasters  of  Worcester  County  shall  be  the  same  as  they  now  are, 
or  may  hereafter  be  prescribed  by  Law. 

Public  Sclwoh. — By  Article  8,  8ec,  1,  the  General  Assembly  shall,  by 
Law,  establish  throughout  the  State  a  thorough  and  efficient  system  of 
free  public  scliools,  and  shall  provide  by  taxation  or  otherwise,  for 
their  maintenance. 

Militia. — By  Article  9,  Sec.  1,  the  General  Assembly  shall  make, 
from  time  to  time,  such  provision  for  organizing,  eqv;ipping  and  dis- 
ciplining the  Militia  as  the  exigency  may  require,  and  pass  such  laws 
to  i^romote  volunteer  Militia  organizations,  as  may  afford  them  ef- 
fectual encouragement. 

Superintendent  of  Labor,  d'C. — The  Superintendent  of  Laljor  and 
Agriculture,  shall  make  detailed  reports  to  the  General  Assembly 
within  the  first  week  of  its  session.  Under  the  provisions  of  the  Con- 
stitution, the  above  office  has  expired. 

Baltimore  City. — By  Article  11,  Sec.  9,  the  General  Assembly  shall 
make  such  changes  in  the  Article  entitled  Baltimore  City,  except  in 
the  second  section  thereof,  as  they  shall  deem  best.  [See  Act  of  1870 
ch.  116,  changing  the  Mayor's  term  of  office  from  four  to  two  years.] 

Reasons  for  Pardons  Granted. — Article  2,  Sec.  20,  i:)rovides  that  the 
Governor,  when  required  by  either  "Branch"  of  tlie  Legislature,  shall 
report  to  it  the  petitions,  recommendations  and  reasons  which  influ- 
enced him  in  the  granting  of  pardons. 

Election  Beturns  for  Governor. — By  Article  2,  Sections  2  and  3,  of 
the  Constitution,  the  retui'ns  of  the  election  for  Governor,  which  have 
been  enclosed  and  transmitted  to  the  Secretary  of  State,  under  seal, 
addressed  to  the  Speaker  of  the  House  of  Delegates,  shall  be  delivered 
to  said  Si)eaker  at  the  commencement  of  the  session  of  the  General 
Assembly,  next  ensuing  said  election.  The  Speaker  of  the  House  of 
Delegates  shall  then  open  the  said  returns  in  the  presence  of  both 
Houses,  and  the  person  having  the  highest  number  of  votes,  and  being 
constitutionally  eligible,  shall  be  the  Governor. 

Election  of  Governor  hy  the  Legislature. — By  Article  2,  Sec.  6,  of  the 
Constitution,  the  Governor  is  to  be  elected  by  the  General  Assembly, 
in  case  of  a  tie  vote,  ineligibility  or  vacancy  from  any  cause.  (See 
"Executive  Department,"  Article  2  of  Constitution.) 

Impeachment  of  the  Governor. — By  Article  2,  Sec.  7,  the  Legislature 
may  provide  by  Law  for  the  impeachment  of  the  Governor,  and  may 
declare  what  person  shall  perform  the  Executive  duties ;  and  if  a 
vacancy  should  occur  without  such  provision  being  made,  the  Legis- 
lature shall  be  convened  by  the  Secretary  of  State  for  the  purpose  of 
filling  said  vacancy. 

NoiidiuUion  of  Civil  Officers. — Article  2,  Sec.  13,  requires  all  civil 
ofiicers,  appointed  by  the  Governor  and  Senate,  to  be  nominated  to 
the  Senate  within  fifty  days  from  the  commencement  of  the  Legislature. 

Nonilnat'^rs  to  Fill  Vacancies. — By  Article  2,  Sec.  11,  the  nomination 
of  a  person  a])i)ointed  to  fill  a  vacancy  during  the  recess  of  the  Senate, 
or  of  some  other  person  in  his  place,  shall  be  made  to  the  Senate 
within  thirty  days  after  the  meeting  of  the  next  Legislature. 

New  CuunticH  Formed  Inj  Consent  of  Voters. — By  Article  13,  Sec.  1, 
the  General  Assembly  may  provide,  by  Law,  for  organizing  new 
counties,  locating  and  removing  county  seats,  and  changing  county 
lines;  but  no  new  county  shall  be  organized  without  the  consent  of 


LEGISLATIVE   DEPARTMENT.  6-3 

the  majority  of  legal  voters  residing  within  the  limits  proposed  to  be 
formed  into  said  new  county  ;  and  whenever  a  new  county  shall  be 
proposed  to  be  formed  out  of  portions  of  two  or  more  counties,  the 
consent  of  a  majority  of  legal  voters  of  such  parfe'of  each  of  said 
counties,  respectively,  shall  be  required ;  nor  shall  tlie  lines  of  any 
county  be  changed  'without  the  consent  of  a  majority  of  the  legal 
voters  residing  within  the  district,  which,  under  said  proposed  change, 
would  form  a'part  of  a  county  diflerent  from  that  to  which  it  belonged 
I^rior  to  said  change. 

Population  and  Area. — The  same  Section  provides  that  no  new 
cou]ity  shall  contain  less  than  four  hundred  square  miles,  nor  less  than 
ten  thousand  white  inhabitants ;  nor  shall  any  change  be  made  within 
the  limits  of  any  county,  whereby  the  population  of  said  county, 
would  be  reduced  to  less  than  ten  thousand  v.hite  inhabitants,  or  its 
territory  reduced  to  less  than  four  hundred  square  miles. 


POWERS,  DUTIES,  &c.,  OP  THE   GENERAL  ASSEM- 
BLY, PRESCRIBED  BY  GENERAL  LAWS. 

The  following  powers  and  duties  of  the  General  Assembly,  arc  pre- 
scribed by  the  General  Laws  : 

Oath  of  Office. — The  Oath  required  to  be  taken  and  subscribed  by 
the  members  of  the  General  Assembly,  shall  be  administered  by  a 
member  of  the  Senate  to  the  President,  who  shall  administer  the  same 
to  tlie  other  members  of  that  body,  and  to  its  officei's,  &c.,  the  same 
shall  be  subscribed  accordingly,  and  be  administered  by  one  of  the 
members  of  the  House  of  Delegates  to  the  Speaker,  and  by  him  to  the 
other  members  of  that  body  and  its  officers,  where  the  same  shall  be 
subscribed  accordingly. — Article  GS,  Sec.  3,  P.  G.  L. 

Organisation. — Whenever  the  General  Assembly  shall  meet,  it  shall 
not  be  necessary  for  any  officer  of  the  preceding  General  Assembly  to 
be  present,  except  the  chief  clerk,  reading  clerk  and  doorkeej^ers  of 
the  House  of  Delegates,  and  the  Secretary,  Assistant  Secretary  and 
doorkeeper  of  the  Senate :  and  payment  of  any  other  officer  of  the 
preceding  General  Assemblv,  than  those  herein  enumerated,  is  hereby 
forbidden.— By  18(58,  ch.  61^ 

Cornpenmtlon  and  Mileage  of  Members. — The  members  of  the  General 
Assembly  are  paid  five  dollars  per  day,  under  the  Constitution  ;  and 
both  mcmljers  and  officers  of  the  General  Assembly  are  paid  the  fol- 
lowing mileage,  under  the  Act  of  1808,  ch.  78  : 


From  Allegany, 

$80  00. 

From  Harford 

$27  00. 

Anne  Arundel 
Except  fi'om  Annapolis, 

j>  l.j  00. 

Howard, 
Kent, 

18  00. 
G4  00. 

Baltimore  City, 

15  00. 

Montgomery, 

26  00. 

Baltimore  County 

,   19  00. 

Prince  George's, 

25  00. 

Calvert, 

50  00. 

Queen  Anne's, 

G8  00. 

Caroline, 

74  00. 

St.  Mary's, 

71  00. 

Carroll, 

30  00. 

Somerset, 

92  00. 

Cecil, 

36  00. 

Talbot, 

80  00. 

Charles, 

48  00. 

Washington, 

49  00. 

Dorchester, 

90  00. 

Wicomico, 

86  00. 

Frederick, 
5 

33  00. 

Worcester, 

94  00. 

66  LEGISLATIVE   DEPARTMENT. 

Stationeri/. — The  State  Librarian  shall  not  furnish  to  any  member 
of  the  General  Assembly,  an  amount  of  stationery  exceeding  in  value 
twenty-five  dollars,  and  any  member  may  at  election  take  such  amount 
in  stationery,  or  money,  or  of  both,  to  said  amount.  Tlie  Secretary  of 
the  Senate  and  chief  clerk  and  reading  clerk  of  the  House  of  Dele- 
gates, may  be  allowed  the  same  amount  of  postage  stamj^s  and  station- 
ery as  is  now,  or  may  be,  by  Law,  hereafter  allowed  to  the  memlicrs 
of  the  General  Assemljly  ;  and  to  each  of  the  other  officers  of  the  Sen- 
ate and  House  of  Delegates,  stationery  may  be  allowed  not  to  exceed 
five  dollars  in  value,  and  postage  stamps  to  same  amount. — 1868,  eh. 
70,  as  amended  by  1870,  ch.  411. 

Additional  Compensation. — The  Secretary  of  the  Senate  and  chief 
clerk  of  the  House  of  Delegates,  receive  three  hundred  dollars  per 
vear  for  two  years,  for  -services  rendered  in  the  recess  of  the  General 
Assembly.— 1870,  chs.  409  and  454. 

Puhlie  Printing. — The  Public  General  Laws,  Article  76,  provides  for 
the  Printing  of  the  General  Assembly  as  follows  : 

Sec.  1.  The  Senate  and  House  of  Delegates  shall  provide  for  the 
printing  of  the  Journal  of  Proceedings,  Bills,  Repcn-ts  and  other  docu- 
ments of  their  respective  Houses  as  directed  in  the  following  sections: 

Sec.  2.  Each  House,  in  contracting  for  the  printing  of  said  docu- 
ments, shall  require  that  a  sufficient  number  of  copies  of  the  Journal 
of  Proceedings  of  each  day  be  furnished  on  the  next  succeeding  day 
to  the  Secretary  and  Chief  Clerks  of  the  two  Houses  respectively,  to 
supply  each  member  and  officer  thereof  with  one  copy,  and  that  a  like 
number  of  all  Bills  and  Reports,  ordered  to  be  printed,  be  furnished 
and  distributed  to  said  memljers  and  ofiicers  ;  and  that  the  offices  of 
the  Executive,  the  Comptroller,  the  Treasurer  and  the  Commissioner 
of  the  Land  Office,  and  the  State  Library,  be  severally  reguhirly  sup- 
plied with  one  copy  of  said  Journals  and  Reports,  and  the  Lil^rary 
with  six  additional  copies  of  the  Bills. 

Sec.  3.  Nothing  contained  in  the  preceding  Section  shall  prevent 
either  House  Iron,  having  printed  extra  cojiies  of  any  RejJort  or  other 
document  for  distribution  among  the  people. 

Sec.  4.  Each  House  shall  provide  for  the  printing  in  addition  to 
the  copies  required  in  the  second  Section  of  this  Article,  five  hundred 
copies  of  their  Journals  of  Proceedings,  and  a  like  number  of  copies 
of  the  various  Reports  and  other  documents,  which  may  be  ordered 
to  be  printed,  in  compact  form,  which  said  copies  shall  l)e  delivered 
in  sheets  to  the  State  Liljrarian,  within  thirty  days  after  the  adjourn- 
ment of  the  General  Assembly. 

Sec.  5.  The  two  Houses  shall  jointly  contract  for  one  thousand 
copies  of  the  Acts  and  Resolutions  of  the  General  Asseml)ly,  with 
marginal  notes  and  indexes ;  the  work  of  i^rinting  the  same  to  be 
prosecuted  during  the  session,  and  to  be  comj^leted  within  fifty  days 
after  the  close  thereof  and  delivered  in  sheets  to  the  State  Librarian. 

Sec.  6.  Each  person  who  shall  l)e  einployed  as  Printer  to  either 
House,  or  Printer  of  tlie  Acts  and  Resolutions,  shall  enter  into  bond 
in  the  sum  of  $1,000,  to  be  approved  l)y  the  Treasurer  of  the  State, 
for  the  faithful  performance  of  his  trust. 

Pidiliration  of  Lmm  in  Newspapers. — By  the  Act  of  1865,  ch.  31,  as 
amended  by  tlie  Acts  of  1868,  cli.  440,  of  1870,  chs.  174,  and  274,  every 
Public  General  Law,  which  is  made  to  take  effect  before  the  first  day 


LEGISLATIVE   DEPARTMENT.  67 

of  June  next,  after  the  session  at  which  it  may  be  passed,  shall,  immedi- 
atelv  after  its  paspa_Q:e  ]>e  pul'liphed,  at  the  expense  of  the  State,  daily 
for  one  week,  in  two  daily  newspapers  of  the  City  of  Baltimore,  one 
of  which  shall  be  printed  in  the  German  lanj^uage,  and  one  newspaper 
in  each  county,  having  the  largest  circulation,  if  there  be  a  paper 
published  in  said  county. 

Every  Public  Local  Law  made  to  take  effect  before  the  first  day  of 
Jane  next,  after  the  session  at  which  it  may  be  jjassed,  shall,  immedi- 
ately after  its  passage,  be  published  once  in  each  of  three  successive 
weeks  in  such  newspajiers,  of  the  res^^ective  counties  in  which  it  may 
operate,  as  the  County  Commissioners  may  direct,  and  in  case  any  such 
law,  is  to  operate  in  the  City  of  IJaitimore,  then  once  in  each  week, 
for  three  successive  weeks  in  such  daily  newspapers,  published  in  said 
city,  as  the  Maj'or  thereof  may  direct,  and  the  Mayor  and  City  Council 
of  Haltimore,  and  the  County  Commissioners  of  the  several  Counties, 
shall  provide  for  payment  of  the  exjienses  of  such  pul)lication ; 
but  none  of  the  provisions  of  this  Act  shall  apply  to  either  Somerset, 
Dorchester,  Washington,Wicomico  or  Worcester  Counties.  (See  Local 
Act  of  1873,  ch.  410,  for  Washington  County.) 

Duties  of  the  Secretary  of  Senate  and  the  Chief  Cleric  of  the  Ilovse. — 
A  certified  copy  of  every  Public  Local  Law,  made  to  take  efl:ect 
as  aforesaid,  shall,  immediately  after  its  ])assage,  be  transmitted 
by  mail,  by  the  Secretary  of  the  Senate,  (if  the  same  originated  in  the 
Senate,)  and  by  the  Chief  Clerk  of  the  House  of  Delegates,  (if  the 
same  originated  in  the  House  of  Delegates,)  to  the  County  Commis- 
sioners of  the  county  or  counties,  in  -wliich  the  same  may  operate,  or 
to  the  ]\Iayor  of  the  City  of  Baltimore,  if  the  same  is  to  operate  in  that 
City ;  and  it  shall  be  the  duty  of  the  said  County  Commissioners  and 
Mayor,  upon  receipt  of  such  certified  copy,  to  have  the  same  published 
as  provided  in  Section  second. 

A  certified  copy  of  every  Public  General  Law,  made  to  take  effect, 
as  aforesaid,  shall  be  transmitted  by  mail,  by  the  Secretary  of  the 
Senate,  (if  the  same  originated  in  the  Senate,)  and  by  the  Chief  Clerk 
of  the  House  of  Delegates,  (if  the  same  originated  in  the  House  of 
Delegates,)  to  such  two  daily  newspapers  of  the  City  of  Baltimore, 
and  one  newspaper  in  each  county,  having  the  largest  circulation,  (if 
there  be  a  newspaper  published  in  said  county,)  as  the  President  of 
the  Senate  and  the  Speaker  of  the  House  of  Delegates  may  respec- 
tively designate,  for  publication,  as  provided  in  the  first  Section  of 
this  Article. 

Counties  Exempted. — The  Act  of  1870,  ch.  105,  exempts  Worcester 
and  Somerset  Counties,  and  1870,  ch.  174,  exempts  Wicomico  and 
Dorchester  Counties  from  the  effect  of  the  Second  Section  of  the  Act 
of  18G5,  ch.  31,  so  far  as  relates  to  the  jjublication  of  the  Local  Laws 
in  the  newspapers  of  the  counties. 

Advertising  County  Internal  Improvement  Acts. — The  Act  of  1870, 
ch.  281,  provides  that  whenever,  in  pursuance  of  the  54th  Section  of 
Article  three  of  the  Constitution,  any  Act  of  the  General  Assembly 
authorizing  a  county  of  this  State  to  contract  any  debt  or  obligation 
in  the  construction  of  any  Railway,  Canal  or  other  Work  of  Internal 
Improvement,  or  to  give  or  loan  its  credit  to,  or  in  aid  of  any  Associ- 
ation or  Corporation,  shall  be  ])ublished,  it  shall  be  the  duty  of  said 
Association,  or  Corporation,  or  of  those  individuals  to  be  benefited  by 


08  LKGIGLATIVE    DEPARTMENT. 

said  Act  of  the  General  Assembly,  to  furnisli  certificates,  under  oath, 
of  such  publication,  to  the  C4ove]'nor  of  the  State,  and  the  President 
of  the  Senate  and  Sj^eaker  of  the  House  of  Delegates  of  the  General 
Assembly,  next  succeeding  the  passage  of  said  Act,  and  the  cost  of 
such  jjublication  shall  be  defrayed  as  is  now  required  to  be  done  in 
the  publication  of  Local  Laws. 

.  Presidential  Electors.— The  Act  of  1870,  ch.  107,  appropriated  $500, 
or  so  much  thereof  as  was  necessary  to  pay  the  jjer  diem  and  mileage 
of  the  Electors  of  President  and  Vice-President  of  the  United  States, 
in  and  for  the  State  of  Maryland,  and  their  officers  and  attendants. 

[A  similiar  appropriation  is  always  made  by  the  General  Assembly 
in  anticipation  of  the  meeting  of  the  Electoral  College  of  the  State. 

Cancelled  Bonds^  &c. — By  Act  of  1862,  chap.  112,  the  Committee  on 
Finance  of  the  Senate,  and  the  Committee  on  Ways  and  Means  of  tlie 
House  of  Delegates,  shall,  during  each  session  of  the  Legislature, 
examine,  count,  and  bum  all  bonds  and  certilicates  of  stock  as  have 
been  purchased  or  obtained,  up  to  the  close  of  the  iiscal  year,  next 
l)receding  the  session,  which  have  been  purchased  by  the  Comp- 
troller and  Treasurer  for  the  sinking  fund,  and  shall  report  to  the 
Legislature  their  proceedings. 

Contested  Ekctims.— Article  35,  Sec.  52,  P.  G.  L.,  1865,  ch.  143.— 
All  contested  elections  for  Comptroller  of  the  Treasury,  Commissioner 
of  the  Land  Office,  Judges,  Clerks  of  the  Courts  of  Law,  and  Register 
of  Wills,  shall  be  decided  by  the  House  of  Delegates,  and  the  testi- 
mony shall  be  taken  in  such  cases  in  the  same  manner  as  herein  pre- 
scriljcd  in  contested  seats  of  the  Senate  or  House  of  Delegates. 

Defaulters. — By  Article  62,  Sec.  7  of  the  General  Laws,  the  Com- 
mittees on  Elections  of  the  two  Houses  of  the  General  Assembly, 
shall,  at  every  session  thereof,  ascertain  from  an  examination  of  the 
books  of  the  Treasurer  whether  any  member  elect  of  their  respective 
Houses  is  in  default  to  the  Treasury,  and  if  so,  report  the  same  to  their 
respective  Houses. 


CLASSIFICATION  OF   STATE   SENATORS. 

In  compliance  with  Section  8  of  Article  3,  of  the  Constitution,  at 
the  session  of  the  General  Assembly  of  1868,  (see  Senate  Journal,  Jan- 
uary 10th,  1868,)  the  Senators  were  divided  by  lot  into  two  classes,  as 
nearly  equal  in  number  as  may  be.  Senators  of  the  first  class  to  go 
out  of  office  at  the  expiration  of  two  years;  and  Senators  of  the  sec- 
ond class  to  hold  oflice  for  four  years,  so  that  one-half  of  the  Senators 
are  now  elected  every  general  election  for  four  years.  The  counties,  &c., 
drawing  the  first  class,  or  two  years  term  ending  November  1869, 
were  as  follows :  Second  Legislative  District  of  Baltimore  city,  Allega- 
ny, Caroline,  Cecil,  Charles,  Dorchester,  Harford,  Montgomery,  Prince 
George's,  St.  Mary's,  Talbot  and  Worcester. — 12. 

To  equalize  the  number,  Garrett  county  will  be  in  the  first  class. 

The  remaining  counties,  &c.,  drew  the  second  class  or  four  years 
term  ending  November,  1871,  viz.  First  and  Third  Legislative  Dis- 
tricts of  Baltimore  city,  Anne  Arundel,  Baltimore  coimty,  Calvert,  Car- 
roll, Frederick,  Howard,  Kent,  Queen  Anne's,  Somerset,  Wicomico  and 
Washington. — 13. 

The  thirteen  counties,  ttc,  of  the  second  class  will  elect  Senators  in 
November,  1875,  1879,  and  every  four  years  thereafter.  The  twelve 
counties,  &c.,  of  the  first  class  will  elect  Senators  in  1877,  1881,  &c. 


PUBLIC    OFFICERS    ELECTED     BY 
GENERAL    ASSEMBLY. 

The  rnited  States  Senators.  State  Treasurer  and  the  Baltimore  City 
Police  Commissioners,  are  elected  by  the  Legislature  on  joint  ballot. 


ELECTION  OF   UNITED   STATES   SENATORS. 
The  United  States  Senators  are  elected  by  the  several  State  Legis- 
latures for  a  term  of  six  years,  under  the  Constitution  of  the  United 
States,  Article  1,  Section  3,  as  follows: 

TTie   United  States  Senate. 

1.  The  Senate  of  the  United  States  shall  be  composed  of  two 
Senators  from  each  state,  chosen  by  the  Legislature  thereof,  for  six 
years ;  and  each  Senator  shall  have  one  vote. 

Classification —  Vacancies. 

2.  Immediately  after  they  shall  be  assembled  in  consequence  of  the 
first  election,  they  shall  be"  divided,  as  equally  as  may  be,  into  three 
classes.  The  seat's  of  the  Senators  of  the  tirst  class,  shall  be  vacated  at 
the  expiration  of  the  second  year,  of  the  second  class  at  the  expiration 
of  the  fourth  year,  and  of  the" third  class  at  the  expiration  of  the  sixth 
year,  so  that  one-third  may  be  chosen  every  second  year ;  and  if  va- 
cancies hai)pen  by  resignation  or  otherwise,  during  the  recess  of  the 
Legislature  of  any  State,  the  executive  thereof  may  make  temporary 
appointments  until  the  next  meeting  of  the  Legislature,  which  shall 
then  fill  such  vacancies. 

Qualifications  of  Senators. 

3.  No  person  shall  be  a  Senator  who  shall  not  have  attained  to  the 
the  age  of  thirty  years,  and  been  nine  years  a  citizen  of  the  L'nited 
States,  and  who  shall  not,  when  elected,  be  an  inhabitant  of  that  Statf 
for  which  he  shall  be  chosen. — 1787,  Sept.  28th. 

Hoio  Classified  in  Maryland. 

The  seats  of  the  Maryland  Senators  were  drawn  for  as  provided 
in  the  above  section  of  the  Constitution  of  the  L'nited  States,  as 
follows : 

The  State  of  Maryland  elects  a  Senator  of  the  first  class  from  the 
Western  Shore,  whose  term  of  office  commences  every  sixth  year  from 
the  fourth  of  3Iarch,  1789,  (or  1875.)  and  also  a  Senator  of  the  third 
class  from  the  Eastern  Shore,  whose  tenn  of  office  commences  every 
sixth  year  from  the  date  of  the  fourth  of  March,  1801  or  1879. 

When  Senators  are  Elected. 
As  the  Act  of  Congress  requires  Senators  to  be  chosen  by  the  Legis- 
lature elected  next  preceding  the  expiration  of  their  term,  the  suc- 
cessors of  the  present  Senators  will  be  elected  at  the  Sessions  of  the 
General  Assembly  held  in  1874  and  1878,  and  every  sixth  year  from 
each  of  those  dates. 


UNITED    STATES    SENATORS.  69* 

MODE    OF   ELECTING   UNITED    STATES    SENATORS. 

The  Act  of  Congress  passed  25th  of  July,  1866,  prescribes  the  man- 
ner of  the  election  of  Senators  of  the  United  States,  as  follows: 

Sec.  1.  The  Legislature  of  each  State,  which  shall  be  chosen  next 
preceding  the  expiration  of  the  time  for  which  anv  Senator  was  elect- 
ed to  represent  said  State  in  Congress,  shall,  on  the  second  Tuesday 
after  the  meeting  and  organization  thereof,  proceed  to  elect  a  Senator 
in  Congress,  in  the  place" of  such  Senator  so  going  out  of  office,  in  the 
following  manner : 

Each  House  shall,  openly,  by  a  Tiva  voce  vote  of  each  member  pres- 
ent, name  one  person  for  Senator  in  Congress  from  said  State,  and  the 
name  of  the  person  so  voted  for,  who  shall  have  a  majority  of  the  whole 
number  of  votes  cast  in  each  House,  shall  be  entered  on  the  journal  oi 
each  House,  by  the  clerk  or  secretary  thereof;  but  if  either  House  shall 
fail  to  give  such  majority  to  any  person  on  said  day,  that  fact  shall  be 
entered  on  the  journal.  At  twelve  o'clock,  meridian,  of  the  day  fol- 
lowing that  on  which  proceedings  are  required  to  take  place,  as  afore- 
said, the  members  of  the  two  Houses  shall  convene  in  joint  assembly, 
and  the  journal  of  each  House  shall  then  be  read,  and  if  the  same  per- 
son shall  have  received  a  majority  of  all  the  votes  in  each  House,  such 
person  shall  be  duly  declared  elected  Senator  to  represent  said  State 
in  the  Congress  of  the  United  States;  but  if  the  same  person  shall  not 
have  received  a  majority  of  the  votes  in  each  House,  or  if  either  House 
shall  have  failed  to  take  proceedings  as  required  by  this  Act,  the  joint 
assembly  shall  then  proceed  to  choose,  by  a  viva  voce  vote  ot  each  mem- 
ber present,  a  person  for  the  purpose  aforesaid  ;  and  the  person  having 
a  majority  of  all  the  votes  of  the  said  joint  assembly,  a  majority  of  all 
the  members  elected  to  Ijoth  Houses  being  present  and  voting  shall  be 
declared  duly  elected ;  and  in  case  no  person  shall  receive  such  major- 
ity on  the  first  day,  the  joint  assembly  shall  meet  at  twelve  o'clock, 
meridian,  of  each  succeeding  day,  during  the  session  of  the  Legisla- 
ture, and  take  at  least  one  vote  until  a  Senator  shall  be  elected. 

Vacancies. 

Sec.  2.  Whenever  on  the  meeting  of  the  Legislature  of  any  State,  a 
vacancy  shall  exist  in  the  representation  of  such  State  in  the  Senate  of 
the  United  States,  said  Legislature  shall  proceed  on  the  second  Tues- 
day after  the  commencement  and  organization  of  its  session,  to  elect  a 
person  to  fill  such  vacancy,  in  the  manner  hereinbefore  provided  for 
the  election  of  a  Senator  for  a  full  term;  and  if  a  vacancy  shall  haj)- 
pen  during  the  session  of  the  Legislature,  then,  on  the  second  Tuesday 
after  the  Legislature  shall  have  been  organized  and  shall  have  notice 
of  such  vacancy. 

Certijieate  of  Election. 

Sec.  3.  It  shall  l)e  the  duty  of  the  Governor  of  the  State  fi-om  which 
any  Senator  shall  have  been  chosen  as  aforesaid,  to  certify  his  election, 
under  the  Seal  of  tlie  State,  to  the  President  of  the  United  States, 
wliich  certificate  shall  be  countersigned  by  the  Secretary  of  State  ot 
the  State. 


MARYLAND  UNITED  STATES  SENATOBS. 

The  following  is  a  list  of  Maryland  Senators  in  the  United  States 
Senate,  from  the  commencement  of  the  Government  to  the  ])resent  time. 

[AVhere  the  date  of  the  election  of  Senators  by  the  Geiieral  Assembly 
is  given,  the  term  of  otRce  commences  on  the  4th  of  March  ending  the 
term  of  their  predecessors,  except  where  elected  or  axJi^ointed  to  fill 
unexpired  terms.     The  term  of  ofiice  is  six  years.] 

Senatoes  phom  the  Western  Shore. 

1789,  March  4th, Hon.  Charles  Carroll,  Carrollton. 

1793,  January  10th "     Eichard  Potts,  Frederick  Co. 

179(>,  Noveml^er  30th, "     John  Eager  Howard,  Baltimore  Co, 

1803,  i\Iarch  4th, »     Samuel  Smith,  Baltimore  Co. 

1816,  January  29th «     Robert  G.  Harper,  Baltimore  Co. 

1816,  December  20th, "     Alexander  Contee  Hanson,  Balto.  Co. 

1819,  Deceml)er  21st, "     AVilliam  Pinkney,  Baltimore  City. 

1822,  December  15th, "     Samuel  Smith,  Baltimore  Co. 

1833,  March  4th «     Joseph  Kent,  Prince  George's  Co, 

1838,  January  4th, "     William  D.  Merrick,  ChaHes  Co. 

1845,  March  "4th, "     Beverdv  Johnson,  Baltimore  City. 

1849,  December  8th, "     *David"' Stewart,  Baltimore  City. 

1850,  January  10th, "     t  Thomas  G.  Pratt,  Prince  George's  Co. 

1850,  Januarv  10th, "     Thomas  G.  Pratt,  Prince  Geortre's  Co. 

1857,  March  4th, «     Anthony  Kennedy,  Baltimore  City. 

1863,  March  4th, "     Reverdy  Johnson,  Baltimore  Co. 

1868,  July  14th, "     |  Wm.  Pinkney  Whvte,  Balto.  City. 

1868,  January  17th, "     Wm.  T.  Hamilton,  Washington  Co. 

Senators  from  the  Eastern  Shore. 

1789,  March  4th, Hon.  John  Henry,  Talbot  Co. 

1797,  Decemljer  11th, "     James  Lloyd,  Talbot  Co. 

1800,  Decemi)er  12th, "     William  Hindman,  Talbot  Co. 

1801,  November  19th, "     Rol)ert  Wright,  Talbot  Co. 

180(5,  November  25th, "     Philip  Reed,  Kent  Co. 

1813,  May  21st, "  Robt.  H.  Goldsborough,  Dorchester  Co. 

1819,  December  21st, "  Edward  Lloyd,  Talbot  Co. 

1826,  January  24th, "  Ezekiel  F.  Chaml)ers,  Kent  Co. 

1835,  January  13th, "  R.  H.  Goldsborough,  Dorchester  Co. 

1880,  December  31st, "  John  S.  Spence,  Dorchester  Co. 

1841,  January  5th, "  John  Leeds  Kerr,  Talbot  Co. 

1843,  M  irch  4th, "  James  Alfred  Pearce,  Kent  Co. 

1862,  March  6th, "  Thos.  Holliday  Hicks,  D(v,-chester  Co. 

1865,  March  9th «  ||  John  A.  J.  CreswcU,  Cecil  Co. 

1867,  January  25th, "  §  Thomas  Swann,  Baltimore  City. 

18G7,  March  12th, "  i[  Philip  F.  Thomas,  Talbot  Co. 

1868,  March  6th, «  George  Vickers,  Kent  Co. 

1872,  March  3d, "  George  R.  Dennis,  Somerset  Co. 

*  Mr.  Stewart  was  appointed  by  the  Oovernor  until  the  meetint?  nf  tlce  next  L^^islHture, 
in  place  of  Hun.  Reverdy  .lolinson,  resigned  to  become  Attorney  Generjil  of  tlie  United  States. 

t  Gov.  Pratt  was  elected  to  fill  the  unexpired  term  of  Mr.  Johnson. 

t  Gov.  Whyte  was  appointed  to  fill  the  unexpired  term  of  Mr.  Johnson,  who  was  appoint- 
ed .Minister  to  Great  Britain. 

n  Mr.  Creswell  was  elected  to  fill  the  une.vpired  terra  of  Gov.  Hicks,  deceased. 

§  (iov.  SwHnn  declined  to  aci>-|it  the  Senatorsliip,  Miirch  1st.  18t)7. 

T  Gov.  Thomas  was  not  admitted  ou  account  of  alleged  disloyalty. 


70*  STATE   TllEASUKER — POLICE    COMMISSIONERS. 

MARYLAND   SENATORIAL  DISTRICTS. 

The  Act  of  1807,  cluapter  11,  provides  "That  in  the  first  election  of 
Senator  to  represent  this  State  in  the  Senate  of  the  United  States 
which  sliall  Ije  held  after  the  first  day  of  April,  in  the  year  1SG7,  the 
person  elected  shall  be  an  inhabitant  of  the  Eastern  Sliore  of  this  State, 
and  one  of  the  Senators  thereafter  to  be  elected,  shall  always  be  an  in- 
habitant of  the.Eastern  Shore,  and  the  other  of  the  Western  Shore  of 
this  State." 


ELECTION  OP  STATE  TREASURER. 

By  Article  6,  Section  1,  of  the  Constitution,  "a  Treasurer  is  to  be 
appointed  by  the  two  Houses  of  the  Legislature  of  each  regular  ses- 
sion thereof,  on  joint  ballot,"  &c.,  and  the  Legislature  when  in  session, 
shall  fill  any  vacancy  in  said  office. 

The  usual  mode  of  electing  the  State  Treasurer  by  joint  ballot  is, 
after  an  interchange  of  messages  fixing  the  day  and  hour  of  election, 
])oth  Houses  ballot  simultaneously  in  their  respective  chambers.  The 
ballot  box  of  the  House  is  then  sealed  up  by  the  Speaker  and  taken 
by  the  House  Tellers  to  the  Senate  Chamber,  where  they  join  the  Sen- 
ate Tellers,  with  their  ballot-box  sealed,  and  both  proceed  to  the  Com- 
mittee room  adjoining  the  Senate  Chamber.  After  counting  the  bal- 
lots, the  Senate  Tellers  report  the  joint  result  to  the  Senate,  and  the 
House  Tellers  to  the  House.  The  presiding  officer  in  each  House 
then  declares  the  person  receiving  a  majority  of  all  the  votes,  duly 
elected  Treasurer  for  two  years,  and  the  proceedings  are  entered  upon 
the  journals  of  the  respective  Houses. 


ELECTION   OP  POLICE   COMMISSIONERS  OP 
BALTIMORE   CITY. 

The  Act  of  1867,  chapter  367,  (Section  806  of  the  Local  Code,)  pro- 
vides that  the  General  Assembly,  "by  tlic  joint  meeting  of  the  two 
Houses,"  shall  elect  three  ])ersons  who  shall  be  residents  of  the  State 
five  years,  and  residents  of  Baltimore  city  three  years  preceding  the 
day  of  election.  They  shall  be  known  as  the  "Board  of  Police  Com- 
missioners for  the  city  of  Baltimore,"  and  shall  hold  ofiice  for  four 
years,  and  receive  a  salary  of  $2500.  The  Commissioners  elected  at 
the  same  session,  qualified  and  entered  upon  their  duties,  March  15, 
18G7. 

The  next  election  for  Police  Commissioners  will  be  by  the  General 
Assembly  of  1874,  it  being  the  session  next  jn-eceding  the  expiration 
of  tlie  term  of  otllce  of  the  present  Commissioners  on  the  15th  of  March, 
1875,  and  at  the  session  occurring  every  fourth  year  thereafter. 

In  case  of  a  vacancy  in  the  Board  during  the  recess  of  the  General 
.Vssembly,  it  shall  l)e  filled  by  the  Governor  until  said  vacancy  is  sup- 
jjlicd  by  the  election  of  the  General  Assembly  at  its  next  session. 


AmendmentH  to  the  Constitution — See  Constitution,  Article  14,  page 
84,  ])rf)viding  l()r  Amendments  to  the  Constitution,  by  the  General 
Ass('nil)ly. 

[jdS^See  the  "Declaration  of  Rights"  in  the  first  part  of  this  work. 


THE  GENERAL  ASSEMBLIES  OF  MARYLAND, 
Fkom  1801  TO  1872,  Inclusive. 
The  following  is  a  list  of  Members  of  the  General  Assembly  of  Mary- 
laud  from  1800,  the  date  of  the  last  publication  of  this  work,  to 
the  present  time;  commencing  with  the  extra  session  held 
at  Frederick  in  April  and  May,  1861. 

GENERAL  ASSEMBLY  OF  1861— EXTRA  SESSION. 

[Elected  November,  1859.] 
[The  Counties  were  arranged  according  to  the  date  of  their  forma- 
tion up  to  1805.     They  have  since  been  arranged  ali^habetically.] 

SENATE. — President,  Hon.  John  B.  Brooke. 


St.  Mari/s. — Oscar  Miles. 
Keiit. — David  C.  Blackiston. 
Anne  Arundel. — Thos.  Franklin. 
Calvert. — Thos.  J.  Grahame. 
Charles. — John  F.  Gardiner. 
Baltimore. — Andrew  A.  Lynch. 
Talbot. — H.  H.  Goldsborough. 
Somerset. — James  1*'.  Uashiell. 
Dorchester. — C.  F.  Goldsborough. 
Cecil. — John  J.  Heckart. 
Prince  Ge&i'ge^s. — John  B.  Brooke. 


Queen  Anne''s. — Steph.  J.  Bradley. 
Worcester. — Teagle  Townsend. 
Frederick. — Anthony  K immell. 
Harford. — Franklin  Whitaker. 
Caroline. — Tilghman  Nuttle. 
Baltimore  City. — Coleman  Yellott. 
Washington. — John  G.  Stone. 
Mon tgomery. — Wash.  D uvall. 
Alk'gany. — Thomas  J.  Mclvaig. 
Carroll. — John  E.  Smith. 
Howard. — John  S.  AVatkins. 


Officers — Secretary,  William  Kilgour;  Reading  Cleric,  John  M. 
Brewer;  Sergeant-at-Arms,  Thomas  A.  Mitchell;  Committee  Clerks, 
Benj.  Fawcett,  Francis  Burgess,  Zaccheus  Tippett  and  S.  P.  Carmack; 
Doorkeeper,  Samuel  H.  Benney ;  Messenger,  John  B.  Corbin ;  Printer  to 
the  Senate,  Beale  II.  Richardson. 


HOUSE  OF  DELEGATES.— /S/jmyfce;-,  Hon.  E.  G.  Kilbourn. 

St.  Mary''s  County. — Clarke  J.  Durant,  George  H.  Morgan. 

Kent  County. — Philip  F.  Rasin,  Alljcrt  Medders. 

Anne  ArmuUl  County. — ^B.  Allein  Welsh,  Richard  C.  Mackubin,  E. 
G.  Kilbourn. 

Calvert  County. — James  T.  Briscoe,  Benjamin  Parran. 

Charles  County. — Barnes  Comi^ton,  F.  li.  F.  Burgess. 

Baltimore  County. — -John  T.  Ford,  Thos,  C.  AVorthington,  Robert 
M.  Denison,  Pleasant  Hunter,  Leonard  J.  Quinlan,  Thos.  \V.  Reushaw. 

Talbot  County. — J.  Lawrence  Jones,  Alexander  Chaplain. 

Somerset  Caunty. — James  N.  Dennis,  Edward  Long,  J.  H.  W.  Stan- 
ford, William  T.  Lawson. 

Dorchester  County. — Z.  W.  Linthicum,  John  R.  Keene,  Wm.  irolland. 

Cecil  County.— Alex.  Wilson,  J.  W.  Maxwell,  William  R.  Miller. 

Prince  Ocorge^s  County. — E.  Pliny  Bryan,  Richard  Wootten,  Ethan 
A.  Jones. 

Queen  Anne's  County. — William  H.  Legg,  William  M.  Starkey. 

Worcester  County. — C.  W.  Jacobs,  G.  W"  Landing,  Stephen  P.  Dennis. 


72  GENERAL    ASSEMF.LIES. 

FrcderkTc  County. — Andrevs-  Kesslcr,  Jr.,  Thomas  J.  Clasgett,  Joiia- 
tlian  Routzahn,  John  A.  Johnson,  AVm.  E.  Sahiion,  David  W.   Naill. 

Caroline  County. — Henry  Strau,<jhn,  G.  W.  Goldsborough. 

'^Baltimore  City. — John  C.  Brnne,  Henry  M.  Warheld,  Charles  H. 
Pitts,  Wm.  G.  Harrison,  J.  Hanson  Tliomas,  H.  Teackle  AVallis,  T. 
Parkin  Scott,  Ross  Winans,  Henry  M.  Morfit,  Lawrence  Sangston. 

Harford  County. — Joshua  Wilson,Wm.  F.  Bayless, Ricliard  B.  McCoy. 

Washington  County. — James  Coudy,  Martin  Eakle,  John  C.  Brining, 
Lewis  P.  Fiery ,t  Andrew  K.  Stoke. 

Montgomery  County. — Howard  Griffith,  Charles  A.  Harding. 

Allegany  County. — Josiah  H.  Gordon,  Wm.  R.  Barnard,  Aza  Beall, 
David' W.  McCleary. 

Carroll  County .-—Dax'id.  Roop,  of  K.,  John  N.  Gorsuch,  B.  Miller. 

Howard  County. — William  Turner,  John  R.  Brown. 

Officees. — Chief  Clerl: — Milton  Y.  Kidd;  Rending  Cleric,  John 
S.Miller;  Commiliee  C/^/'/f's,  Thaddeus  K.  Preuss,  Robert  H.  Corbin, 
Francis  A.  MurjAy,  Elias  Ware,  Jr.,  and  R.  Brown  Henderson :  8er- 
geant-at-Arms,  John  R.  Biddison;  Hoor-Tceeijer.,  Thomas  E.  Schleigh; 
Postmaster,  Edward  Marshall:  Folder,  Thomas  E.  Mason;  Assistant 
Folder,  George  E.  Howard ;  Pages,  James  R.  Brewer,  and  William 
Clayton ;  Printer  to  the  House,  E.  S.  Riley. 

*  In  Baltimore  City,  the  above  Delegates  were  elected  on  the  26th 
of  April,  18G1,  to  represent  the  City  at  the  Extra  Session  held  in 
Frederick  in  April  and  May,  1861,  in  j^lace  of  the  following  members, 
who  were  declared  by  a  resolution  of  the  House  of  Delegates  on  the 
last  day  of  the  Session  of  1860,  to  be  not  elected,  and  their  seats 
vacant  on  account  of  fraud  and  intimidation  on  election,  viz.  Chas. 
L.  Kraft,  Thomas  Booze,  Robert  L.  Seth,  Wm.  A.  Wisong,  George  R. 
Berry,  Frederick  C.  Crowley,  Robert  A.  McAllister,  Thos.  M.  Smith, 
Robert  Turner  and  Marcus  Denison. 

t  In  Washington  County,  Lewis  P.  Fiery  was  elected  in  place  ol 
George  Freaner,  who  resigned  on  the  last  day  of  the  Session  of  1860, 
being  ineligible  for  non-residence. 


THE  GENERAL  ASSEMBLY  OF  1862. 

Convened  by  the  Governor,  in  Extra  Session,  in  December,  1861. 

SENATE. — President,  Hon.  H.  H.  Goldsborough. 

St.  Mary\t. — *Chap.  Billingsley.      l   Qv£en  Anne's. — S.  T.  Harrison. 
Kent. — *David  C.  BlackislOn.  Worcester. — *Teagle  Townsend. 


Anne  Arundel. — John  S.  Sellman. 
Calvert. — James  T.  Briscoe. 
Charles. — John  W.  Jenkins. 
Baltimore. — *Andrcw  A.  Lynch. 
Talbot.— m.  H.  Goldsboroiigh. 
Somerset. — :Benjaniin  Lankford. 
Doirhester. — *C.  F.  Goldsborough, 
Cef(7.— *John  J.  Heckart. 
Prince  George's. — John  H.  Bayne. 

t  Elected  vice  Coleman  Yellott,  who  left  the  State  duiing  the  war. 


Fred'k. — Grayson  Eichel  1  )erger. 
Harford. — *Franklin  Whitaker. 
Caroline. — Arthur  J.  Willis. 
Balto.  City. — jMarcus  Denison. 
Washington. — Lewis  P.  Fiery. 
Montgomery. — AVash  'ton  AVaters. 
Allegany. — John  Everett. 
Carroll.— *io[n\  E.  Smith. 
Howard. — *John  S.  Watkins. 


GENERAL    ASSEMBLIES.  73 

The  foregoing  Senators  were  elected  November,  18G1,  with  the  ex- 
ception of  ten  Senators,  (marked  with  a  star)  holding  over,  and  Alle- 
gany County  and  Baltimore  City,  to  fill  vacancies  for  the  special 
session  of  December,  1861,  and  regular  session  of  1862. 

Officers. — Secretary^  Chapman  Harwood;  Reading  Ghi%  E.  M. 
Tongle;  Sergeant-at-Arim^  Alexander  Knotts;  Committee  Clerks,  Wm. 
M.  VVclsh,  John  W.  Rider  and  Daniel  Ct.  Kenner;  DoorJceepei-^  Thomas 
Herbert;  Metssenyer,  John  T.  Wright ;  Folder,  John  Krauty. 


HOUSE   OF   DELEGATES. 
Speaker,  Hon.  John  Summerfield  Berry. 

St.  Mart/s  County. — John  F.  Dent,  Benjamin  G.  Harris. 

Kent  County. — William  F.  Smytli,  George  B.  Westcott. 

Anne  Arundel  County. — John  Walton,  Henry  F.  Dunbar,  George  "W. 
Nutwell. 

Cahert  County. — Daniel  R.  Magruder,  Basil  D.  Bond. 

Charles  County. — Thomas  A.  Carrico,  Peregrine  Davis. 

Baltimore  County. — Keverdy  Johnson,  John  S.  Berry,  John  S.  Givin, 
John  T.  Ensor,  Jolui  H.  T.  Jerome,  John  B.  Pearce. 

Talbot  County. — William  H.  Harrison,  David  Kerr,  Jr. 

Somerset  County. — Robert  W.  Dougherty,  Hiram  H.  Gunby,  Joseph 
Wright,  John  Turner. 

Dorchester  County. — Francis  P.  Phel^JS,  Thomas  K.  Carroll,  John 
Q.  Leckie. 

Cecil  County. — J.  A.  J.  Creswell,  Andrew  Mclntyre,  Hamilton 
Morton. 

Prince  George''s  County. — John  Bowie,  Sr.,  James  J.  Bowie,  George 
W.  Duvall,  of  G. 

Queen  Anne's  County. — Charles  McCollister,  Thomas  H.  Kemp. 

Wo)-cester  County. — G.  W.  P.  Smith,  Levi  Duncan,  Wm.  T.  I'urnell. 

Frederick  County. — Thomas  Hammond,  James  M.  Coale,  Henry  R. 
Harris,  Hiram  Buhrman,  Joshua  Biggs,  Thomas  Johnson. 

Harford  County. — Elisha  Lewis,  R.  13.  McCoy,  Murmaduke  Dove. 

Caroline  County. — R.  E.  Hardcastle,  W.  A.  AV^illis. 

Baltimore  City. — Wm.  Price,  Thomas  S.  Alexander,  Michael  War- 
ner, Edmund  Wolf,  James  Stockdale,  N.  Christopher,  Wm.  S.  Reese, 
Jacob  W.  Hugg,  Steptoe  B.  Taylor,  R.  Stockett  Matthews. 

Washington  County. — John  Y.  h.  Findley,  Samuel  Rohrer,  George 
Pearson,  John  J.  Thomas,  F.  Dorsey  Herbert. 

Montgomery   County. — -Allen  Bowie  Davis,  Robert  P.  Dunlap. 

Carroll  County. — ^\'arren  L.  Little,  George  Everhart,  S.  R.  Waters. 

Allegany  County. — George  A.  Pearre,  Chas.  M.  White,  Lloyd  Lowe, 
A.  Chamberlain. 

Iloicard  County. — Edward  Hammond,  Thomas  Donaldson. 

Officers. —  Chief  Clerk,  T.  Snowden  Thomas;  Beading  Clerk, 
James  Milnor;  Sergeant-at-Arms,  Oliver  Wood;  Committee  Clerks, 
Leonard  Picking,  Isaac  Gibbons,  Thomas  England,  John  H.  Baker, 
Harrison  Swartzwelder  and  Otho  Shipley ;  Doorkeepers,  Jacob  Long 
and  James  R.  Donoho ;  Postmaster,  Wm.  R.  Hammond;  Folder,  Esma 
Lowe;  Page^,  Edward  WoLf,  Caleb  Parker  and  Joseph  Whittingtou. 


74  GENEKAL   ASSEMBLIES. 

GENERAL  ASSEMBLY  OF  1864. 
SB'N ATB.—Presidertt,  Hon.  John  S.  Sellman. 


Allegany. — Charles  H.  Ohr. 
Aniie  AruruM.—i^ oYiw  S.  Sellman. 
Baltimore. — John  S.'  Given. 
Baltimore  City. — Archxi  Stirling. 
Cecil.- — Jacob  Tome. 
Carroll. — Jacob  Campbell. 
Charles. — John  W.  Jenkins. 
Calvert. — James  T.  Briscoe. 
Caroline. — Arthur  J.  Willis. 
JDorehester. — Thomas  K.  Carroll. 
Frederrick. — Gi'ayson  Eichelberger. 

Officees. — Secretary.,  Chapman  Harwood;  Reading  Cleric,  W.  A. 
Carpenter  ;  Sergeant-at-Artns,  A.  J.  Langsdorf ;  Committee  GlerkSj  Robt. 
Ruth,  William  Stevens  and  Henry  R.  Waters ;  Postmaster,  Stewart 
T.  Herbert;  Doorl-eeper,  F.  A.  Rupp;  Messenger,  John  T.  Wright; 
Folder,  A.  J.  Badders. 


JIarford. — WMlliam  F.  Bayless. 
Iloicard. — Thomas  Rowles. 
Kent. — James  B.  Ricaud. 
Mon  tgomery. — Wash'ton  Waters. 
Prince  George's. — .John  H.  Bayne. 
Queen  Anne. — David  H.  Crane. 
Sojnerset. — Benjamin  Lankford. 
St.  ^fary's. — Chapman  Billingsley 

Talliot.— John  W.  Kemp. 

Washington. — Lewis  P.  Fiery. 

Worcester. — William  T.  Pumell. 


HOUSE  OF  DELEGATES.— .SpmZ^er,  Hon.  Thomas  H.  Kemp. 

St.  Mary's  Counfg. — John  F.  Dent,  Thomas  Martin. 

Kent  County. — George  W.  Westcott,  Comegys  Cosden. 

Anne  Arundel  County. — Wm.  Tell  Claude,  Thos.  S.  Iglehart,  Eli  J. 
Henkle. 

Calcert  County. — F.  Louis  Griffith,  J.  Gideon  Ireland. 

Charles  County.— Fevegvme  Davis,  Thomas  A.  Carrico. 

Baltimore  County. — "William  H.  Hoffman,  Zephaniah  Poteet,  Joseph 
H.  Wright,  John  B.  Pearce,  David  K.  Lusby,  .James  M.  Lester. 

Talbot  Comity. — David  Kerr,  Jr.,  James  H.  McNeal. 

Somerset  County. — Henry  M.  Mathews,  Christopher  H.  Hyland, 
Joshua  R.  Handy,  Kehemiali  P.  Douglass. 

Dorchester  County. — David  O.  P.  Elliott,  WOliam  Frazier,  John 
Brohawn. 

Cecil  County. — William  J.  Jones,  S.  B.  Stubbs,  George  W.  Boulden. 

Prince  George's  County. — S.  B.  Hance,  Daniel  Clark,  Edw'd  Herbert. 

Queen  Anne's  County. — Elijah  Pierce,  John  C.  Tolson. 

Worcester  County. — L.  Duncan,  Thomas  B.  Smith,  H.  Murray. 

Frederick  County. — Tliomas  Hanmiond,  Ui)ton  Buhrman,  Joshua 
Biggs,  David  liiueliart,  Oliver  P.  Snyder,  Charles  E.  Trail. 

Harford  County. — Richard  B.  McCoy,  Chas.  B.  Hitchcock,  T.  Archer. 

Caroline  County. — Alexander  l^idgaway,  Thomas  H.  Kemp. 

Baltimore  City. — John  Barron,  AVilliam  Silverwood,  I'hilip  S.  Chap- 
pell,  George  C.  Stevens,  Henry  Stockbridge,  James  F.  Lee,  Heron  C. 
Murray,  Michael  Dundon,  Tliomas  H.  Mules,  Marriott  Boswell. 

Washington  County. — William  ('ushwa,  Jacob  B.  Master,  Jacob  A. 
Miller,  Henry  Gantz,  Frederick  K.  Zei,i,der. 

M(>utgo)rury  County. — Benjamin  Fawcett,  Isaac  Young. 

Allegany  County. — Albert  C.  Greene,  William  Shaw,  Henry  Brown, 
Hopewell  Hcbb. 

Carroll  County. — Jones  Ecker,  S.  R  Waters,  J.  N.  Starr. 

Howard  County. — James  Sykes,  John  S.  Tyson,  Jr. 


GEKERAL    ASSEMBLIES. 


75 


Officers. — Chief  Clerk,  William  R.  Cole  ;  Reading  Clei-l,  John  H. 
Shaw;  Sergeant-at-Arms,  A.lfvad'D.'Exhws;  Committee  C krks,  3 ohn  II. 
Baker,  John  H.  Seatirooks,  Tlmnuis  Tipton,  S.  L.  Duhamcl  and  Geo. 
Stewart ;  JJooj-keepcrs,  Ilenrj'  Tritch  and  Thomas  Cooper ;  PoatinaKiei; 
E.  T.  Hilton;  Folder,  John  W.  Dean;  Pages,  Thomas  J.  Corkran, 
Alfred  Miller  and  Caleb  Parker. 


Constitutional  Convention  op  1864. 

In  1804,  a  Convention  of  the  peoi)le  was  held,  which  framed  a  new 
constitution,  increasing  tlie  number  of  Senators  from  Baltimore  City 
to  three,  (making  24  Senators,)  and  the  number  of  Delegates  from  Bal- 
timore City,  from  ten  to  eighteen,  (making  tiie  whole  number  of  Del- 
egates, 86.) 

[See  members  of  the  Convention  on  another  page.] 


GENERAL  ASSEMBLY  OF  1865  and  1866, 
Elected,  November,  1865,  under  the  new  Constitution  of  1864. 

SENAT^^.—Fresident,  Hon.  C.  C.  Cox,  Lt.  Governor. 


Allegany. — Charles  H.  Ohr. 

Anjie  Arundel. — Sprigg  Harwood. 

Baltimore  City. 

\st  Leg.  Dis. — Robert  Turner. 

2d  Leg.  Dis. — Jos.  C.  Whitney. 

dd  Leg.  Dis. — Geo.  C.  Maund. 
*Ba.ltimore.—Ed\v.  P.  Philpot. 
*Cahert. — Richard  G.  Mackail. 
'^Caroline. — Curtis  Davis. 

*  Carroll. — James  L.  Billingslea. 

*  Cecil. — Jacob  Tome. 
Charles. — John  W.  Jenkins. 

*  Dorchester. — Thomas  K.  Carroll. 


*i^m7e/-/c^\— diaries  E.  Trail. 
"^Harford. — Wm.  B.  Stephenson. 

*  Howard. — Littleton  Maclin. 
*Kent. — Daniel  Jones. 
Montgomery. — Thos.  B.  Lansdale. 
Prince  George's. — Daniel  Chirkc. 
Queen  Anne's.— James  T.  Earle. 
/S'amf  Mary's. — Chap.  Billingsley. 
^Somerset. — Levin  L.  Waters. 
Talbot. — James  M.  McNeal. 

*  Was/ii)7gton. — Elias  Davis. 
Worceder.—J.  T.  B.  McMaster. 


a  star  (*)  drew  the  long  term  of  four 
v/  the  short  term  of  two  years. 


The  counties  marked  with 
years.     The  other  counties  drc 

Officers. — Secretary,  C.  Harwood;  Beading  CVe/'/;,  S.  H.  Cochran ; 
Sergemit-at-arms,  O.  P.  Snyder;  Committee  Clerks,  Wm.  H.  C!luirles, 
J.  W.  Bloomer,  Taylor  Kirk  ;  Door  Keeper,  J.  G.  Brewer ;  Postmaster, 
J.  B.  McNeal;  Folder,  Solomon  Cromer;  Messewger  to  Senate,  IL  S. 
Wheeler ;  Messenger  to  Lieutenant  Oovernor,  S.  T.  Herbert ;  Hall  Keeper. 
James  Thomas ;  Page,  John  T.  Wright. 


HOUSE  OF  DELEGATES.— >9;;m;L-er,  Hon.  J.  M.  Frazier. 

Allegany  County. — Samuel  P.  Smith,  Henry  Brown,  S.  W.  Wardell, 
Michael  Sherry,  Mathias  G.  Dean. 

Anne  Arundel. — Olive  Miller,  James  S.  Robinson. 

Baltimore  County. — Geo.  Slothower,  David  King,  Wm.  H.  Hoifman, 
Nicholas  H.  Parker,  Zephaniah  Poteet,  D.  K.  Lusby. 


76  GENERAL    ASSEMBLIES. 

Baltimore  City. — 1st  Leg.  District,  Caleb  Hynes,  C.  Bartell,  J.  H.  Cook, 
James  F.  Lee,  t.  B.  Hamlileton,  H.  J.  C.  Tarr.  2d  Ug.  District,  F.  T. 
Darling,  J.  M.  Frazier,  Josej^b  Harris,  Samuel  J.  Sojjer,  Thomas  J. 
Tull,  Thomas  H.  Mules.  M  Leg.  District,  J.  F.  Pilkington,  J.  P.  Cum- 
mins, M.  Showacre,  H.  G.  Hazen,  S.  C.  Garrison,  H.  C.  Jones. 

Colvert  County. — Henrv  AVilliams. 

Caroline  County.— A.i-i\\m-  J.  Willis,  F.  A.  Clift. 

Cari'oll  County. — Wm.  S. Wooden,  Nicholas  D.  Norris,  John  W.  Angel, 
Moses  ShaAV,  George  Everhart. 

Cecil  County. — James  McCauley,  Jethxo  J.  McCullough,  Geo.  B.  Pen- 
nington, Jesse  A.  Kirk. 

Charles  County. — Frederick  Stone. 

Dorchester  County. — John  H.  Hodson,  W.  A.  Smith. 

Frederick  County. — Upton  Buhrman,  David  Rinehart,  David  Agnew, 
Thomas  A.  Smith,  Sam'l  Keefer,  David  J.  Markey. 

Harford  County. — Joshua  R.  Wilson,  Isaac  Cairns,  Thomas  C.  B.o])- 
kins,  Henry  A.  Silver. 

JLoirard  County. — Adam  C.  Warner,  Claudius  Stewart. 

I^ent  County. — S.  Comegys,  Lewis  Usilton. 

Montgomery  County. — Benjamin  Fawcett,  G.  W.  Watkins. 

Prince  George's  County. — R.  B.  B.  Chew,  Charles  B.  Calvert. 

Queen  Anne's  County. — John  Lee,  John  C.  Tolson. 

St.  Mary's  County. — Baker  A.  Jamison. 

Somerset  County. — Lemuel  Malone,  Thomas  F.  J.  Rider,  Joshua  R. 
Handy. 

Talbot  County. — H.  B.  Leaverton,  James  Valliant. 

Washington  County. — Frederick  K.  Zeigler,  Henry  S.  Eavey,  Henry 
S.  Miller,  Benjamin  F.  Cronise,  E.  F.  Anderson. 

Worcester  County.— H'ltchie  Fooks,  Alfi-ed  B.  Xairne,  Thomas  A.  J. 
Holloway. 

Officers. — Chief  Clerl',  William  R.  Cole ;  Beading  Cleric,  Joseph  P. 
Cantwell :  Journal  Cleric,  John  McGarigle ;  Sergeant-at-Arms,  John 
IVIiller  ;  Assistant  Sei-geant-at- Arms,  AValter  Moxley :  Door  Keepers, 
Charles  Whittemore,  John  Fauge ;  Pages,  James  Pritchet,  N.  H.  Pol- 
lock, John  S.  Pennell,  Caleb  Parker ;  Postmaster,  Jacob  Wickard ; 
Assistant  Postmaster,  John  H.  Swail ;  La,mp  Lighter,  Robert  S.  Smith ; 
Committee  Clerics,  Geo.  A.  Fauquer,  Wm.  Ewing,  John  R.  Rudy,  Eli 
Smith,  John  W.  Dean,  John  T.  Wampler  ;  Keeper  of  Committee  Booms, 
G.  B.  Parker ;  Folders,  Collins  Tattman.  Oliver  Gill ;  Hall  Keeper^  John 
Sullivan  ;  Keeper  of  the  Botunda,  William  Freeman. 


SPECLVL   SESSION  OF   1866. 

* 

The  General  Assembly  of  1805,  was  convened  by  Proclamation  of 
Governor  Bradford,  on  "the  10th  day  of  January,  1S06,  and  adjourned 
February  8th.  The  following  changes  took  place  in  its  meml)crs :  In 
the  Senate,  Wm.  P.  Eaton  Avas  elected  in  place  of  (Tcorge  C.  Maund, 
resigned.  In  Anne  Arundel  County,  George  Wells,  in  place  of  Sprigg 
Harwood.  In  Dorcliester  County,  Wm.  Frazier,  in  place  of  Thos.  K. 
Carroll.  In  Howard  County,  Hart  B.  Holton,  in  place  of  Littleton 
Maclin,  and  in  Kent  County,  George  Vickers,  in  i)lace  of  Daniel 
Jones.  In  tlie  House  of  Delegates,  F.  F.  Darling  and  John  Barron, 
were  elected  in  ]ilace  of  H.  J.  C.  Tarr  and  M.  Sho'wacre. 


LEGISLATIVE   DEPARTMENT. 


77 


GENERAL   ASSEMBLY  OF   1867. 
SIll^ A.TY,.— President,  Hon.  C.  C.  Cox,  Lt.  Governor. 


Allegany. — Alfred  Si^ates. 
Anne  Arundel. — E.  J.  Henkle. 
Baltim&re  City, 

1st  Leg.  Dist. — AVm.  Kimmell. 

2d    "       "        Thos.  H.  Mules. 

M     "       "        D.  Stirlintj. 
Baltimore  Co.— Edw.  P.  Philpot. 
Calvert. — Richard  G.  Mackull. 
Caroline. — Curtis  Davis. 
Carroll. — .J.  L.  Billingslca. 
Cecil. — Jacob  Tome. 
Charles. — Barnes  Compton. 
Dorchester. — William  Frazier. 

Officers. — Secretary,  Augustus  Gassaway;  Reading  Clerl\  A.  S. 
Goodwin;  Sergeant-at-Arms,  M.  Bosley  ;  Committee  Clerks,  Thomas  S. 
Townsend,  Isaac  Amos,  Benjamin  Faweett,  Wm.  H.  Guy ;  Postmaster, 
George  Gale;  Assistant  Postmaster,  T.  J.  Mules;  Pn-.jre,  Clement  Barry ; 
i'bZ<:?e/',  Richard  T.  Martin;  Messengei;  .Joseph  E.  Lynch;  Doorkeeper, 
L.  S.  Booth  ;  Messenger  to  Lieut.  Governor,  S.  T.  Herbert ;  Porter,  W. 
McKinley  ;   Chaplain,  Rev.  M.  Cassidy. 


Frederick. — Charles  E.  Trail. 
Ilarfovd. — AVm.  B.  Stephenson. 
Howard. — Hart  B.  Holton. 
Kent. — George  Vickers. 
Montgomery. — Isaac  Young. 
Prince  Gcorge''s. — Oden  Bowie. 
Queen  Anne's. — James  T.  Earle. 
Ht.  Mary's.— G.  F.  Maddox. 
Somerset.— heviix  L.  Abaters. 
2'aViot. — Charles  M.  Juui]i. 
li  a.vA ington. — Elias  Davis. 
Worcester. — L.J.M.P.Broadwater 


HOUSE  OF  DELEGATES.— %'r/lw,  Hon.  Oliver  Miller. 

Allegany  County. — Charles  Gil])in,  AA^.  R.  McCullev,  Samuel  M.  Hal- 
ler,  D.  C.  Bruce,  G.  AV.  McCulloh. 

Anne  Arundel  County. — Oliver  Miller,  Thomas  .T.  Hall. 

Baltimore  City. — \st  Leg.  District,  Frederick  S.  Turner,  George  A. 
Coleman,  AVilliam  H.  Neilson,  John  L.  Smith,  Edward  F.  Flaherty, 
John  Q.  A.  Roljson.  2d  Ljeg.  District,  John  G.  Hooper,  Stephen  G. 
Israel,  A.  Leo  Knott,  Henry  S.  Lanklbrd,  Francis  P.  Stevens,  Frede- 
rick A.  Kraft,  'dd  Leg.  District,  Marriott  Boswell,  John  D.  Thomson, 
Edwin  R.  Davis,  Jacob  AA'altemeyer,  Geo.  A.  Feig,  AVm.  Tell  Bixler. 

Baltimore  County. — James  C.  Clarke,  Daniel  AA''.  Cameron,  AVm.  H. 
Hutchins,  Samuel  T.  Shipley,  John  T.  Ford,  Charles  H.  Nicolai. 

Calvert  County. — Henry  AVilliams. 

Caroline  County. — AVilliam  G.  Horsey,  John  F.  Dawson. 

Carroll  County. — E.  T.  Benton,  Benjamin  F.  Poole,  James  V.  Cris- 
well,  AVilliam  A.  AA^'amj^ler,  Stephen  R.  Gore. 

Cecil  County. — Alexander  Evans,  Geo.  P.  AA'hitaker,  AVm.  Lindsey. 

Charles  County. — Peregrine  Davis. 

Dorchester  County. — Francis  P.  Phelps,  Sr.,  Edward  Leeds  Kerr. 

Frederick  County. — J.  R.  Rouzer,  U]>ton  Buhrman,  Henry  Baker, 
John  L.  Linthicum,  Thomas  Gorsucli,  J.  A.  Steinur. 

Harford  County. — Nicholas  H.  Nelson,  Sam'l  M.  AVhiteford,  Joshua 
AiVilson,  Simeon  Spicer. 

Howard  County. — Edward  Hammond,  George  AV".  King. 

Kent  County. — H.  Beck,  AVm.  AVelch. 

Montgomery  County. — Enoch  B.  Hutton,  Raymond  AV.  Burclie. 

Prince  Gewge's  County — C.  C.  Magruder,  Jr.,  Chas.  B.  Calvert. 

Queen  Anne's  County. — Richard  B.  Carmichael,  AVilliard  H.  Neal. 


78  GE^■ERAL   ASSEMBLIES. 

St.  Mary's  Coimty.—G.  W.  Morgan. 

Somerset  County. — George  R.  Dennis,  George  "W.  Parsons,  Isaac  I). 
Jones. 

Talbot  County. — Pliilip  Francis  Thomas,  Isaac  W.  Jump. 

Washington  County. — R.  C.  Bamford,  A.  R.  Appleman,  Jonathan 
Tobey,  Jacob  Hoffhine,  Josej^h  P.  Bishop. 

Worcester  County. — H.  R.  Pitts,  Wm.  J.  Aydelott,  Wm.  G.  Gordy. 

Officers — GJiuf  Cleric,  "Wm.  R.  Cole,  of  Baltimore  City  ;  Reading 
Clcrl;  Thomas  H.  Moore,  of  Baltimore  County;  Journal  Cleric.  Quiuton 
W.  Radcliffe,  of  Baltimore  City;  Sei-gemit-at-Artns,  Samuel  F.  Butler, 
of  Baltimore  County  ;  Assistant  Sergeant-at-Arms,  Joseph  C.  Mitchell, 
of  Baltimore  City ;  Engrossing  Clerk,  Milton  Y.  Kidd,  of  Cecil  County  ; 
Committee  Clerics,  Daniel  Kent,  of  Calvert  County;  Wm.  H.  Fooks,  of 
Worcester  County ;  John  H.  AYoodward,  of  Baltimore  City;  James  W. 
Jeffers,  of  Queen  Anne's  Countj- ;  Philip  Medders,  of  Kent  County; 
Elias  Ware,  of  Baltimore  CiLy ;  Levin  Handy,  of  Somerset  County; 
Doorlceevers,  Charles  Worthington,  of  Harford  County ;  A,  S.  Cooper, 
of  Baltimore  County ;  Albert  Tolson,  of  Prince  George's  County ; 
Postmaster.  James  D.  Cook,  of  Howard  Cotmty  ;  Assistant  Postmaster, 
Edward  A.  ^Marshall,  of  Dorchester  County ;  Folder,  Esma  Lowe,  of 
Caroline  County  ;  Assistant  Folders,  Daniel  E.  Diggs,  of  Baltimore 
City ;  Samuel  R.  Kirl)y,  of  Baltimore  City ;  Lamplighter,  James  H. 
Ridgway,  of  Talbot  County ;  Keeper  of  Committee  Bwms,  Z.  Tippett, 
St.  Mary's  County ;  Pages,  John  McCabe,  Jr.,  of  Anne  Arundel 
County ;  John  C.  Wise,  of  Allegany  County ;  W.  George  Jones, 
Cecil  County ;  F.  Middleton,  of  Charles  County ;  J.  V.  Baxler,  of 
Baltimore  City ;  R.  H.  Bogley,  of  Montgomery  County ;  Hall-lceeper, 
George  V/.  ]),Iurdoch,  of  Anne  Arundel  County ;  Printer  to  both  Houses, 
Wm.  Thompson,  of  R. ;  Chaplains,  Rev.  Father  Burke,  Revs.  J.  P. 
Hammond,  H.  McNemar,  and  S.  V.  Leech. 


Constitutional   Convention   of   1867. 

In  1867,  a  convention  of  the  people  was  held,  which  framed  a  new 
Constitution,  and  provided  in  Article  13,  for  the  creation  of  Wicomico 
County,  making  the  whole  number  of  Senators  25,  and  the  number  of 
Delegates  86.     (See  members  of  the  Convention  on  another  page.) 


GENERAL    ASSEMBLY    OF    1868. 

Elected  under  the  Constitution  of  1867. 

SENATE. — President,  Hon.  Barnes  Compton. 

(Those  marked  with  a  star  (*)  drew  the  long  term  of  four  years.) 


Allegany. — Alfred  Spates. 
'^Atme  Arundel. — Eli  J.  Henkle. 
Baltimore  City. 

*\st  Leg.  Dis. — Wm.  Kimmell. 
2<Z  I^g.  Di«. — Henry  Snyder. 

*Zd  Leg.  Dis. — I.  M.  Denson. 


*BaUimore  Co. — James  C.  Clarke. 
*Cahert.—So\m  C.  Parker. 
Caroline. — Daniel  Fields. 
*  Carroll. — Nathan  Browne. 
Cecil— io\m  M.  Miller. 
Charles. — Barnes  Compton. 


GENERAL    ASSEMBLIES. 


79 


Doirlia^ter. — "Washinirton  A.  Smith. 
"^Fredcrich. — Josluui  I'iygs. 
7/ar/wY^.— Jolni  C.  Walsh. 
*IIoicard. — Jolin  Lee  Carroll. 
*Kent.-AynUnm  Welch. 
Montgomery. — Nicholas  Brewer. 
Prince  George's. — John  F.  Lee. 


*Qneen  Anne's. — .James  T.  Earlc. 
.SY-.  Manfs.—G.  Fred.  Maddox. 
*Somerset. — C'hrist'r  H.  Hyhmd. 
Talbot. — Orniond  Hammond. 

*  Washington. — James  II.  Grove. 

*  Wie-omico. — Lemuel  Mah)ne. 
Worcester. — Thomas  P.  Parker. 


Classification. — The  thirteen  counties,  &c.  of  Anne  Arundel,  (first 
and  tliird  Legislative  Districts  of  Baltimore  City,)  Baltimore,  Calvert, 
Carroll,  Frederick,  Howard,  Kent,  Queen  Anne's,  Somerset,  AV'ashiug- 
ton  and  Wicomico,  drew  tlie  lon<>;  term  of  four  years.  The  other  ooun- 
ties,  &c.,  drew  the  short  term  of  two  years. 

Officers. — Secretary,  Augustus  Gassaway,  Annapolis  City;  Chap- 
lains., Revs.  Hammond,  Hildt,  Miller  and  Burke;  Reading  CUrk, 
.John  M.  Brewer,  Allegany  County  ;  Journal  Clerk,  Hunter  Davidson, 
Anne  Arunrlel  County  ;  Sergeant-at-Arms,  James  T.  Blackstone,  St. 
Mary's  County ;  Co>nmitt-ee  Clerls,  Philip  M.  Slicer,  Talbot  County; 
Wm.  H.  Hiss,  Baltimore  City;  Emory  G.  Mitchell,  Baltimore  County ; 
Thos.  P.  Townsend,  AYorcester  County  ;  Postmaster,  George  Gale,  Kent 
County;  Assistant  PostmaMer,  James  J.  Coon,  AVashington  County; 
Page,  Clement  Barry,  Prince  George's  County;  Messen{jer,  J ose\)h.  E. 
I^ynch,  Wicomico  County;  Janitor,  Samuel  Davis,  Annapolis  City; 
Doorkeeper,  Henry  H.  Bennett,  Cecil  County  ;  Folders,  James  Treakle, 
Howard  County,  and  Walter  Raley,  St.  Mary's  County. 


HOUSE  OF  DELEGATES.— ,V«/[:^,  Hon.  Wm.  A.  Stewart, 

Allegany  County. — George  W.  McCulloh,  Anthony  Kean,  William 
Devecmon,  Noah  Trimble,  E.  G.  Hall. 

Anne  Arundel  County. — Thomas  W.  Hammond,  William  T.  Iglehart, 
.James  Deale,  of  James. 

Baltimore  City — Ist  Jeg.  District,  James  B.  Sawner,  John  B.  Wentz, 
Jr.,  John  A.  Robb,  Thomas  W.  Morse,  John  R.  Blake,  William  A.. 
Stewart.  2d  Leg.  District,  Ferdinand  C.  Latrobe,  James  Pentland, 
H.  Tillard  Smith,  G.  Morris  Bond,  George  Colton,  Michael  A.  MuUin. 
'id  Leg.  District,  Edward  J.  Chaisty,  James  W.  McElroy,  Bernard  L. 
Harig,  AVm.  T.  Markland,  John  H.  Marshall,  John  N.  Conway. 

Baltimore  County. — Charles  H.  Nicolai,  C.  B.  Slinglufl",  C.'P.  Mon- 
tague, Zephaniah  Poteet,  Victor  Holmes,  J.  S.  Biddison. 

Calvert  County. — James  A.  Bond,  Jesse  .J.  Dalrymple. 

Caroline  County. — D.  S.  Moore,  T.  H.  Hubbard. 

Carroll  County. — Henry  S.  Davis,  John  H.  Jordan,  Benj.  Worthing- 
ton,  John  W.  Harden. 

Cecil  County. — John  W.  Davis,  James  Touchstone,  Wm.  Richards, 
Levi  R.  Mearns. 

Charles  County. — John  W.  Mitchell,  Andrew  G.  Chapman. 

Dorchester  County. — iVlgcrnon  S.  Percy,  Wm.  E.  Stewart,  Alward 
Johnson. 

Frederick  County. — Ephraim  Albaugh,  R.  P.  T.  Dutrow,  Charles  F. 
Wenner,  Noah  Bowlus,  Thomas  G.  Maynard,  Joseph  Byers. 

Harford  County. — Benjamin  Silver,  Nicholas  H.  Nelson,  R.  R.  Van- 
diver,  John  S.  Brown. 
6 


80  GENERAL   ASSEMBLIES. 

Eoicard  Covnty. — John  R.  Clark,  J.  Thomas  Jones. 

Kent  Comity. — Stephen  Boyer.  Horatio  Beck. 

Montgomery  County. — Samuel  Diggs,  of  R.,  Nicholas  D.  Offutt,  Thos. 
Y.  Conley. 

Prince'^ George's  County. — Caleb  S.  Keech,  B.  F.  Guy,  Thomas  E. 
Williams. 

Q^u^en  Anne's  County. — John  W.  E.  Sudler,  Wm.  Henry  Legg. 

St.  Mary's  County. — Jeflerson  D.  Loker,  J.  Edwin  Coad. 

Somerset  Comity. — Robert  H.  Corbin,  John  C.  Horsey. 

Talbot  County. — Charles  H.  Rose,  Joseph  B.  Lowe. 

Washington  County. — A.  K.  Syester,  James  Coudy,  F.  Dorsey  Her- 
bert, Elias  E.  Rohrer,  David  Seibert. 

Wicomico  Comity. — Ritchie  Fooks,  George  A.  J.  Hopkins. 

Worcester  County. — Thomas  A.  J.  HoUoway,  B.  Everett  Smith. 

Officers. —  Chief  Ckrl,  Milton  Y.  Kidd,  of  Cecil  county;  Heading 
Clerk,  Thomas  H.  Moore,  of  Baltimore  county;  Sergeant-at-Arms,  S. 
R.  Gilbert,  of  Harford  county ;  Assistant  Sergeant-at-Arms,  Richard 
Lilly,  of  Baltimore  city;  Postmaster,  Philip  Medders,  of  Kent  county; 
Assistant  Postmaster,  James  Anderson,  of  Somerset  county ;  Doorkeep- 
ers, James  Stanton,  of  Baltimore  city,  and  Ambrose  Ingman,  of  Fred- 
erick county  ;  Jourtial  Clerk,  James  W.  Jeffers,  of  Queen  Anne's  coun- 
ty ;  Engrossing  Clerk,  "Wm.  B.  Stoddard,  of  St.  Mary's  county  ;  Com- 
mittee Clerks,  Hiram  P.  Tasker.  of  Allegany  county ;  TVm.  Canby,  of 
Montgomery  county ;  Watson  Webb,  of  Dorchester  county  ;  T.  Tunis, 
of  Talbot  county  ;  J.  J.  Duke,  of  Calvert  county;  James  Hinds,  of 
Baltimore  city,  and  Thomas  A.  R.  Keech,  of  Prince  George's  county ; 
Folders,  E.  H.  Gallagher,  of  Howard  county  ;  A.  Heck,  of  Washington 
county,  and  James  Melvin,  of  Caroline  county ;  Keeper  of  Committee 
Rooms,  Thomas  Mason,  of  Worcester  county ;  Lamplighter,  Wm.  T. 
Dennis,  of  Wicomico  county  ;  Pages,  Lewis  Green,  of  Anne  Arundel 
county  ;  Jesse  Brown,  of  Carroll  county :  Winlield  Scott,  of  Charles 
county,  and  Wm.  E.  Collins,  of  Baltimore  city  ;  Hall-keeper,  George 
W.  Murdoch,  of  Anne  Arundel  county  ;  Chaplains,  Revs.  J.  J.  Hen- 
derson, S.  V.  Leech,  J.  P.  Hammond,  C.  C.  Cronin,  and  Michael  Burke. 


GENERAL  ASSEMBLY  OF  1870. 
SENATE. — President,  Host.  Barnes  Compton. 

Frederick. — Joshua  Bisrgs. 


Allegany. — Alfred  Spates. 
Anne  Arundel. — Eli  J.  Henkle. 
Baltimore  City. 

1st  Leg.  Dis. — Wm.  Kimmcll. 

2d     "       "       Henrv  Snvder. 

2d     "       "       Isaac  M.  Denson 


Ilarford. — Wm.  B.  Stephenson. 
Hoirard. — John  Lee  Carroll. 
A'en^— William  Welch. 
Montgomery. — W.  O.  Sellman. 
Pi-ince  George's. — Geo.  W.Wilson. 


Baltim&re  County. — Jas.  C.  Clarke.     Queen  Anne's. — James  T.  Earle. 


Calvert. — John  C.  Parker. 
Caroline. — Daniel  Fields. 
Carroll. — Natlian  Browne. 
Cecil—John  M.  Miller. 
Charles. — Barnes  Compton. 


St.  Mary's.— G.  Fred.  Maddox. 
Somerset. — Christopr.  H.  Hvland. 
Talbot.— Charles  M.  Jump." 
Washington. — James  H.  Grove. 
Wicoyn ico. — Lemuel  Malone. 


Dorchester. — Daniel  M.  Henry.  .    Worcester. — Wm.  E.  Timmons. 


6ENEKAL    ASSEMBLIES.  81 

Offickrs. — Secretary.  AuGTUstus  Gassaway  ;  Reading  CJerl\  W.  H. 
Hiss;  Journal  Clerk,  It.  V.  Page;  ,Ser;/ean(-at-Arm.\  James  'J\  Blak- 
istonc  ;  Fostrnaste?;  8.  J.  Costig&n;  Doorkee}>er,  .]o\n\  Williams;  Amnt- 
ant  Doorkeeper,  L.  \V.  Sclljy;  Committee  Clerka,  Clinton  Lyles,  Thomas 
Townsend,  Alexander  Robinson,  and  G.  Carmaek  ;  Meaxenger,  Philip 
Meadows;  Folders;  Samuel  Greenwald  and  A.  N.  Boteler ;  Page,  J-dS. 
F.  Valdenar  ;  Janitor,  Samuel  Davis. 


HOUSE  OF  DBLUQATES.— Speaker,  Hon.  F,  C.  Latrobe. 

St.  Mary's  County. — J.  D.  Loker,  Thomas  Martin. 

Ke7it  County. — Horatio  Beck,  William  B.  Wilmer. 

Anne.  Arundel  County. — E.  G.  Kilbourn,  R.  W.  Baldwin,  George 
Wells,  Jr. 

Calrert  County. — Henry  Owings  of  S.,  James  J.  Duke. 

Charles  County. — John  W.  Mitchell,  Andrew  G.  Cliapman. 

Baltimore  County. — John  Carroll,  Daniel  W.  Cameron.  Columbus  J. 
Shi))ley,  Thomas  B.  Gatch,  Edward  S.  W.  Choate,  Lewis  Turner,  Jr. 

Talbot  County. — Ormoud  Hammond,  E.  L.  F.  Hardcastle. 

Somerset  County. — Robert  F.  Brattan,  Benjamin  Lankford. 

Dorchester  County. — Benjamin  H.  Harrington,  Samuel  \V.  Woolford, 
George  J.  Meekins. 

Cecil  County. — James  Touclistone,  John  Owens,  William  Richards, 
George  Biddle. 

Prince  6eoi'ge"s  County. — Fendall  Marbury,  Richard  Wooton,  Chas. 
S.  Duvall. 

Queen  Anne's  Coimty.-— Joel  Thomas,  John  B.  Brown. 

Wo7'cester  County. ^iiamuel  K.  Dennis,  John  R.  Purnell. 

Frederick  County. — John  B.  Thomas,  Noah  Bowlus,  John  G.  Mc- 
Creery,  J.  Alfred  Ritter,  Wm.  White,  Henry  R.  Harris. 

Harford  County.— \\\n.  M.  Ady,  Wm.  Baldwin,  J.  M.  Street,  J.  T. 
C.  Hopkins. 

Caroline  County. — Alexander  Hardcastle,  Robert  J.  W.  Garey. 

Baltimore  City. — 1st  Leg.  District, ,] nines  B.  Sanner,  Thomas  H.  Ham- 
ilton, John  H.  Cooper,  Tlios.  W.  Morse,  John  R.  Blake,  James  Webb. 
2d  Leg.  Dvitrict,  Greenbury  Wilson,  John  F.  Wiley,  Ferdinand  C. 
Latrobe,  James  L.  McLane,  George  C'olton,  George  A.  Kirk.  'Sd  Leg. 
District,  Wm.  E.  Collins,  John  h\  Elilen,  Isaiah  Gardner,  Wm.  T. 
Markland,  John  H.  Marshall,  F.  S.  Hoblit/.ell. 

y/ashingtoti  County. — Alexander  Neill,  John  Welty,  John  Murdock, 
J.  JMonroe  Sword,  David  Seibert. 

Montgomery  County. — George  W.  O.  Hilton,  John  W.  Veitch,  Green- 
bury  M.  Watkins. 

Allegany  County. — Anthony  Kean,  James  Wilson,  John  M.  Stan- 
dish,  Jacob  Myers,  Geoi-ge  Percy. 

Carroll  County.— George  A.  Shower,  John  H.  Jordan,  Airhart  Win- 
ters, William  Crouse. 

Jloirard  County. — William  M.  Merrick,  Arthur  P.  Gorman. 

Wicomico  County. — Andrew  J.  Crawibrd,  William  G.  Gordy. 

Officers. — C?iief  Clerk,  Milton  Y.  Kidd :  Beading  Clerk,  Thomas 
H.  IMoore  ;  Journal  Clerk,  Grni'ton  Duvall;  Sergeant-at-Aruis,  Charles 
G.  Worthiugton  ;    Assistant  Sergeant-at-Arms,  John  Hagan  ;  Postuiaster, 


83-  GENERAL    ASSEMBLIES. 

John  D.  McEvoy  ;  Assistant  Postmaster,  Garrett  M.  Hart ;  DoorTce^pers, 
James  Stanton,  Samuel  J.  Robinson  ;  Engrossin(^  Ckrl;  Wm.  B.  God- 
dard ;  Committee  ClerAs,  John  Spencer,  John  T.  Dawkins,  Frank  B. 
Cooksey,  Reuben  Bogley,  T.  Biiker  Edelin,  Samuel  S.  Sudler,  John 
Spry  Leonard,  and  Jonathan  J.  Fooks ;  Folders,  John  W.  Corby,  Wm. 
T.  Bullen,  Esma  Lowe  ;  Keeper  of  Committee  Rooms,  Edward  A.  Mar- 
shall ;  Lamp  Lighter,  Thomas  Young ;  Pages,  Cliarles  F.  Nugent,  Yv'. 
Henry  Dawalt,  John  A.  Brown,  and  Joseph  H.  Cameron ;  Hall-lceepcr, 
George  W.  Murdock  ;  Police,  Rotunda,  Me  Williams  ;  ChapRains  to  both 
Jlouses,  Revs.  Henderson,  Edwards,  Duffy,  Southgate  and  Swope ; 
Printer  to  both  Jlouses,  Wm.  Thompson,  of  R. ;  Messenger  to  Printer,  W  m. 
P.  Quiuby. 

GENERAL  ASSEMBLY  OF  1873. 

S'E'NA.T:^.— President,  Hon.  Henby  Snyder. 

Allegany. — Alfred  Spates.  I  Frederick. — Lewis  H.  Steiner. 

Anm  Arundd: — Wii.iam  H.  Tuck.    Harford.. — Wm.  B.  Stephenson, 
Baltimore  City 


1st  Leg.  Dis. —  John  R.  Blake. 

2d  Leg.  Lis. — Henry  Sn  viler. 

Sd  L^g.  Dis. — Isaac  M.  JJenson. 
Baltimore  Co. — T.  Sturgia  Davis. 
Calvert. — Henry  Williams. 
Caroline. — Daniel  Fields. 
Ca;ToK.— John  K.  LongweU. 
Cecil. — John  M.  Miller. 
Charles. — Barnes  Compton. 
Dorchester. — Daniel  M.  Henry. 

Officers. — Secretary,  Augustus  Gassaway;  Journal  Cleric,  S.  E. 
Smithe;  Reading  Clerk,  W.  H.  Hiss;  Serjeant-at-Arms,  Jas.  T.  Black- 
istone;  Committee  Clerks,  Wm.  G.  Purnell,  T.  S.  Stone,  and  E.  A. 
Smith;  Dooi-keepei;  George  Harris;  Assistant  Doorkeeper,  J.  H.  W*!- 
lace;  Messenger,  David  Fitzgerald ;  Ptryes,  W.  H.  Pennington  and  T. 
S.  Young;  Folders,  AV.  L.  Arringdale  and  R.  E.  Bevans;  Janitor, 
Samuel  Davis ;  Messenger  to  Printing  Committee,  Charles  Hammond  ; 
Chaplains,  Rev.  Father  Freitag,  Rev.  I.  J.  Henderson,  Rev.  Sir.  South- 
gate,  Rev.  Mr.  BulL 


Howard. — John  Lee  Carroll. 
Kent. — George  W.  Spencer. 
Montgomery. — W.  O.  Sell  man. 
Prince  Oeorge''s. — Geo.  W.Wilson. 
Queen  Anne's. — James  T.  Earle. 
St.  Mary's. — James  S.  Downs. 
Somerset. — George  R.  Dennis. 
Talbot. — Charles  M.  Juiuj^/. 
Washington. — Z.  S.  Claggett. 
Wicomico. — Andrew  J.  Crawford. 
^\'orcester. — William  E.  Tirarnons. 


HOUSE  OF  DELEGATES.— -Speaker,  Hon.  Arthur  P.  Gorman. 

St.  Mary's  County. — R.  Johnson  Colton,  John  A.  Dunbar. 

Kent  County. — William  B.  Wilmer,  dames  \V.  IlurU. 

Anne  Arundd  County. — George  Wells,  Jr.,  Joseph  I.  Duvall,  Eli  J. 
Henkle. 

Calvert  County. — John  T.  Bond,  Lewis  G.  Sparrow. 

Cfuirlss  County. — Andrew  G.  Chapman,  Fretierick  Stone. 

Baltimore  6'ou/i/y.— Samuel  T.  Shipley,  Sylvester  Foard,  Geo.  Lit- 
zingcr,  Jarvis  Spencer,  Jr.,  Andrew  Banks,  Lewis  Turner,  Jr. 

Talbot  County. — Rubert  R.  Butler,  William  Goldsborougii. 

Somerset  C'oa»iC^.— William  U.  Roach,  Robert  J.  Waller,  James  W. 
Dougherty. 


GENEJlAIi   ASSKMftMES.  83 

Dorchester  County. — Wasliington  A.  Sniuli,  William  T.  Vickers,  John 
A.  L.  Kadcliffe. 

Cecil  County. — James  B.  Groome,  Levi  R.  Mearns,  Andrew  J.  Pen- 
ington. 

Frince  George's  County. — Henry  T.  Scott,  Frederick  Sasscer,  R.  W. 
W.  Bowie; 

Queen  Anne's  County. — Roderick  W.  Eareckson,  Budd  S.  Ford. 

Worcester  County. — Littleton  P.  Franklin,  Julm  L.  ParKor. 

Fredcrklc  County. — Lycurgus  N.  Phillips,  Cliarles  W.  Kovve,  Tlieo- 
dore  C.  Delaplane,  Charles  W.  Miller,  Jonathan  Routzahn. 

Harford  County. — David  Riley,  Wni.  Baldwin,  J.  M.  Strectt. 

Caroline  County. — Alexander  llardcastle,  Win.  IL  Deweese. 

Baltimore  City — \st  Leg.  District,  Thomas  McCosker,  Thomns  II. 
Hamilton,  John  H.  Cooi^er,  Cliarlcs  R.  Hamilton,  Louis  A.  Janiart,  J. 
Nelson  Foster.  2d  Ijcg.  District,  John  Staylor,  Jr.,  Wm.  E.  Stewart, 
John  M.  Travers,  James  I;.  Clark,  Geo.  Cotton,  Geo.  A.  Kirk,  'ijd  Leg. 
District,  E.  J.  Chaisty,  B.  L.  Ilarig,  George  A.  Feig,  James  McColgan, 
Wm.  T.  Markland,  Elias  Griswold. 

Wasliington  County. — Augustus  i'oung,  Charles  Ardinger,  David  H. 
Newcomer,  Moses  Whitson. 

Montgomery  County. — Geo.  W.  Hilton,  Samuel  Riggs  of  R.,  O.  H.  P. 
Clark. 

Allegany  County. — G.  E.  Porter,  Jolm  Coles,  Charles  Young,  Jasper 
Robinette. 

Carroll  County. — Jas.  H.  Steele,  liCwis  A.  J.  Lamotte,  Trusten  Polk, 
Harrison  H.  Lamotte. 

Iloioard  County. — Edwin  Linthicum,  Artluir  P.  Gorman. 
Wicomico  County. — Joshua  Johnson,  William  J.  Langrell. 

Officers. —  Chief  Clerk,  Milton  Y.  Kidd.  of  Cecil  county  ;  Rending 
Clerk,  Thomas  H.  Moore,  of  Baltimore  county  ;  Sergeant-at-Arms,  Jas. 
A.  Bramble,  of  Dorchester  county  ;  Journal  Clerk,  B.  H.  Hanson,  Jr., 
Harford  county  ;  Engrosing  Clerk,  John  T-.  Dawkins,  Calvert  county  ; 
Doorkeepers,  Conrad  Prinz,  of  Baltimore  city,  James  H.  Petticord,  of 
Kent  county  ;  Postmaster  to  Senate  and  House,  Wm.  M.  Canby,  of  Mont- 
gomery county ;  Committee  Clerks,  Samuel  W.  Storm,  of  Baltimore 
county,  Samuel  Glanville,  of  Baltimore  city,  John  R.  Wilson,  of  Som- 
erset county,  E.  G.  Gardner,  of  Montgomery  county,  D.  J.  Holloway, 
of  Wicomico  county,  P.  S.  Geiger,  of  AVashington  county,  AVm.  H. 
Deetz,  of  Baltimore  city  ;  Hall-keeper  and  Janitor,  Geo.  W.  Murdoch, 
of  Anne  Arundel  county  ;  Folders,  Esma  Lowe,  of  Caroline  county; 
Robert  H.  Clements,  of  Queen  Anne's  county,  J.  V.  Lowe,  of  Talbot 
county;  Pages,  George  M.  Murray,  of  Anne  Arundel  county,  Sitmuel 
H.  Patterson,  of  Carroll  county,  Henry  F.  Palmer,  of  Baltimore  city; 
Chaplain,  Rev.  B.  S.  Highley,  of  Aime  Arundel  county. 


AMENDMENTS  TO  THE   CONSTITUTION. 
CoNSTiTCTiox,  Article  XIV. 

The  Constitution,  Article  14,  authorizes  the  General  Assembly  to 
provide  for  Amendments  to  the  Constitution,  as  follows : 

Amendments  to  the  Constitution. — The  Constitution,  Article  14. 
authorizes  the  General  Assembly  to  provide  for  amendments  to  the 
Constitution  as  follows : 

Proposed  Amendments  to  he  passed  hy  Three-Fifths  of  each  Rouse. — The 
General  Assembly  may  propose  Amendments  to  this  Constitution, 
provided,  that  each  Amendment  shall  be  embraced  in  a  separate  bill, 
embodying  the  Article  or  Section,  as  the  same  will  stand  when 
amended,  and  passed  by  three-fifths  of  all  the  members  elected  to 
each  of  the  two  Houses,  by  yeas  and  nays,  to  be  entered  on  the  Journal 
with  the  proposed  amendment.  The  bill  or  bills  proposing  amend- 
ment or  amendments,  shall  be  published  by  order  of  the  Governor, 
in  at  least  two  newspapers  in  each  county,  where  so  many  may  be 
published,  and  where  not  more  than  one  may  be  jiublished,  then 
in  that  newsijaper,  and  in  three  newspapers  published  in  the  City  of 
Baltimore,  one  of  which  shall  be  in  the  German  language,  once  a 
week,  for  at  least  three  months  preceding  the  next  ensuing  general 
election  at  which  the  said  proposed  amendment  or  amendments  shall 
be  submitted  in  a  form  jtrescribed  by  the  General  Assembly,  to  the 
qualified  voters  of  the  State,  for  adoption  or  rejection. 

Majority  of  the  Popular  Vote  Required. — The  votes  cast  for  and 
against  said  proposed  amendments,  severally,  shall  be  returned  to  the 
Governor  in  the  manner  prescribed  in  other  cases,  and  if  it  shall 
appear  to  the  Governor  that  a  majority  of  the  votes  cast  at  said  elec- 
tion on  said  amendment,  or  amendments,  severally,  were  cast  in  favor 
thereof;  the  Governor  shall,  by  his  Proclamation,  declare  the  said 
amendment,  or  amendments,  having  received  said  majority  of  votes, 
to  have  been  adopted  by  the  People  of  Maryland  as  a  part  of  the 
Constitution  thereof,  and  therefore  said  amendment,  or  amendments, 
shall  be  part  of  the  said  Constitution.  When  two  or  more  amend- 
ments shall  be  submitted,  in  manner  aforesaid,  to  the  voters  of  this 
State  at  said  election,  they  shall  be  so  submitted  that  each  amend- 
ment shall  be  voted  on  separately. 

Question  of  a  Convention  to  be  Voted  on  every  Twenty  Years. — It  shall 
be  the  duty  of  the  General  Assembly  to  provide  by  law,  for  taking,  at 
the  general  election  to  be  held  in  the  year  eighteen  hundred  and 
eighty-seven,  and  every  twenty  years  thereafter,  the  sense  of  the 
people  in  regard  to  calling  a  Convention  for  altering  this  Constitu- 
tion ;  and  if  a  majority  of  voters  at  such  election  or  elections,  shall 
vote  for  a  Convention,  the  General  Assembly  at  its  next  session,  shall 
provide  by  law  for  the  assembling  of  such  Convei*tion,  and  for  the 
election  of  delegates  thereto.  Each  County,  and  Legislative  District 
of  the  City  of  Baltimore,  shall  have  in  such  Convention  a  number  of 
Delegates  ec^ual  to  its  representation  in  both  Houses  at  the  time  at 
whicn  the  Convention  is  called. 

All  C/utn'jes  to  be  submitted  to  Voters. — But  any  Constitution,  or 
change,  or  amendment  of  the  existing  Constitution,  which  may  be 
adupit'd  by  such  Convention,  shall  be  submitted  to  the  voters  of  this 
iStaie,  and  siiali  have  no  etlect  unless  the  same  shall  have  been  adopted 
by  a  majority  of  voters  voting  thereon. 


THE    JUDICIARY    DEPARTMENT. 

The  Dechiratioii  of  Rights  coniains  the  following  provisions,  relat- 
ing to  the  Judiciary  Department : 

The  Svpreme  Law  of  tJie  State, 

Ar>TicT,F.  TT.  The  Constitution  of  the  United  States,  and  the  Laws 
made,  or  whicli  shall  be  made,  in  pursuance  thereof,  and  all  Treaties 
made,  or  which  shall  be  made,  under  the  authority  of  the  United  States, 
are,  and  shall  l)e,  the  Supreme  Law  of  the  State ;  and  the  Judges  of  this 
State,  and  all  the  People  of  this  State,  are,  and  shall  be  bound  thereby; 
anything  in  the  Constitution  or  Law  of  this  State  to  the  contrary 
notwithstanding. 

Departments  to  "be  Separate. 

Atit.  VIIL  That  the  Legislative,  Executive  and  Judicial  powers  of 
Government  ought  to  be  forever  separate  and  distinct  from  each  other; 
and  no  person  exercising  the  functions  of  one  of  said  departments, 
shall  assume  or  discharge  the  duties  of  any  other. 

Independence  of  the  Judges. 

Art.  XXXTII.  The  independency  and  uprightness  of  Judges  are  es- 
sential to  the  impartial  administration  of  Justice,  and  a  great  security 
to  the  rights  and  liberties  of  the  People:  Wherefore,  the  Judges  shall 
not  lie  removed,  except  in  the  manner,  and  for  the  causes,  provided 
in  this  Constitution.  No  Judge  shall  hold  any  other  office,  civil  or 
military,  or  political  trust,  or  employment  of  any  kind,  whatsoever, 
under  the  Constitution  or  Laws  of  this  State,  or  of  the  United  States, 
or  any  of  them  ;  or  receive  fees,  or  perquisites  of  any  kind,  for  the  dis- 
charge of  his  otRcial  duties. 


THE    JUDICIARY    DEPARTMENT. 
CONSTITUTION— ARTICLE  IV. 

The  General  Provisions  of  the  Constitution  in  relation  to  the  Judi- 
ciary Department  of  this  State,  are  set  forth  in  Article  4th,  Part  1st, 
as  follows : 

Akticle  IV,  Part  I. — Gkneu.vl  Provisions. 

2'he  Jtidicial  Power  of  the  State — IIgio  Vested. 
Section  1.  The  Judicial  power  of  this  State  shall  be  vested  in  a 
Court  of  A])])cals,  Circuit  Courts,  Orphans'  Courts,  such  Courts  for  the 
City  of  Baltimore  as  are  hereinaficr  provided  for,  and  Justices  of  the 
Peace ;  all  said  Courts  shall  be  Courts  of  Record,  and  each  shall  have 
a  seal  to  be  used  in  the  authentication  of  all  i^rocess  issuing  therefrom. 
Tlie  process  and  official  character  of  Justices  of  the  Peace  shall  be 
authenticated  as  hath  heretofore  been  practiced  in  this  State,  or  may 
hereafter  be  prescribed  by  Law. 


88  JUDICIArvY   DEPAIITMENT. 

Qualifications  of  Judges. 

Sec.  S.  The  Judges  of  all  of  the  said  Cnurts  shall  be  citizens  of  the 
State  of  Maryland,  and  qualified  voters  under  this  Constitution,  and 
shall  have  resided  therein  not  less  than  live  years,  and  not  less  than 
six  months  next  preceding  their  election,  or  appointment,  in  the  Judi- 
cial Circuit,  as  tlie  case  may  be,  f<u-  -which  they  may  be,  respectively, 
elected,  or  ajipointed.  They  shall  not  be  less  than  thirty  years  of  age 
at  the  time  of  their  election,  or  appointment,  and  shall  be  selected 
from  those  •\vho  have  been  admitted  to  practice  liaw  in  this  State, 
and  who  are  most  distinguished  for  integrity,  wisdom  and  sound  legal 
knowledge. 

El^iions  of  Judges — Term  of  Office. 

Sec.  3.  The  Judges  of  the  said  several  Courts  shall  be  elected  in  the 
Counties  by  the  qualified  voters  in  their  respective  Judicial  Circuits, 
as  hereinafter  provided,  at  the  general  election  to  be  held  on  the 
Tuesday  after  the  iirst  Monday  in  November  next,  and  in  the  City  of 
Baltimore,  on  the  fourth  Wednesday  of  October  next.  Each  of  the 
said  Judges  shall  hold  his  office  for  the  term  of  liftecn  years  from  the 
time  of  his  election,  and  until  his  successor  is  elected  and  qualified, 
or  until  he  shall  have  attained  the  age  of  seventy  years,  wiiichever 
may  first  happen,  and  be  re-eligible  thereto  until  he  shall  have  at- 
t*ained  the  age  of  seventy  years,  and  not  after ;  but  in  case  of  any 
Judge,  who  shall  attain  the  age  of  seventy  years  whilst  in  office,  such 
Judge  may  be  continued  in  office  by  tlie  General  Assembly  for  such 
further  time  as  they  may  tliink  tit,  not  to  exceed  the  term  for  which 
he  was  elected,  by  a  licsoluilon  to  be  passed  at  the  session  next  pre- 
ceding his  attaining  said  age.  In  case  of  the  inability  of  any  of  said 
Judges  *o  discharge  his  duties  with  efficiency,  by  reason  of  continued 
sickness,  or  of  physical  or  mental  infirmity,  it  sluill  be  in  the  power 
of  the  General  Assembly,  two-thirds  of  the  memljcrs  of  each  House 
concurring,  with  the  approval  of  the  Governor,  to  retire  said  Judge 
from  office. 

Removal  of  Judges. 

Sec.  4.  Any  Judge  shall  be  removed  from  office  by  the  Governor, 
on  conviction,  in  a  Court  of  Law,  of  incompetency,  ofwilfull  neglect 
of  duty,  misbehavior  in  office,  or  any  other  crime,  or  on  impeach- 
ment according  to  this  Constitution,  or  the  Laws  of  the  State; 
or  on  the  address  of  the  General  Assembly,  two-thirds  of  each  House 
concurring  in  such  address,  and  the  accused  having  been  notified  of 
tlie  ciuirges  against  him,  and  having  had  opportunity  of  making  his 
defence. 

Oovernor  to  Appoint  in  Case  of  Vacancy. 

Sec.  5.  After  the  election  Ibr  Judges,  to  be  held  as  above  mentioned, 
upon  the  expiration  of  tlie  term,  or  in  case  of  the  death,  resignation, 
removal,  or  otheir  disqualification  of  any  Judge,  the  Governor  shall 
a})p()int  a  person  duly  qualified  to  fill  said  ofhce,  who  shall  hold  the 
same  until  the  next  general  election  for  members  of  the  General  As- 
semlily,  when  a  successor  shall  be  elected,  whose  tenure  of  office 
sliall  be  the  same,  as  hereinbefore  provided  ;  but  if  the  vacancy  shall 
occur  in  the  City  of  r>altiniore,  the  time  of  election  shall  be  the  fourth 
"VVcthiesday  in  October  following. 


JUDICIAKT    DEPARTMENT.  '  87 

Judges  to  he  Conservators  of  the  Peace — iVo  Fees  to  Jud/jcs. 

Sec.  6.  All  Judfres  shall,  by  virtue  of  their  offices,  be  Conservators 
of  the  Peace  throughout  the  State  ;  and  no  fees,  or  perquisites,  commis- 
sions, or  reward  of  any  kind,  shall  be  allowed  to  any  Judge  in  this 
State,  besides  his  annual  salary,  for  the  discharge  of  any  Judicial 
duty. 

Judges  Disqualified. 

Sec.  7.  No  Judge  shall  sit  in  any  case  wherein  he  may  be  interested, 
or  where  either  of  the  parties  may  be  connected  with  him,  by  affinity 
or  consanguinity,  witliin  such  degrees  as  now  are,  or  may  hereafter 
be  prescribed  by  Law,  or  where  he  shall  have  been  of  counsel  in  the 
case. 

Trial  Without  Jury — Removal  of  Cases. 

Sec.  8.  The  parties  to  any  cause  may  submit  the  same  to  the 
Court  for  determination,  without  the  aid  of  a  jury;  and  the  Judge,  or 
Judges  of  any  Court  of  this  State,  except  the  Court  of  Appeals,  shall 
order  and  direct  the  Record  of  i^roceedings  in  any  suit,  or  action,  issue, 
or  petition,  presentment,  or  indictment,  pending  in  such  Court,  to  be 
transmitted  to  some  other  Court,  (and  of  a  ditlerent  Circuit,  if  the 
party  aiiplying  shall  so  elect,)  having  jurisdiction  in  such  cases, 
whenever  any  party  to  such  cause,  or  the  counsel  of  any  party,  shall 
make  a  suggestion,  in  writing,  supported  by  the  affidavit  of  such 
party,  or  his  counsel,  or  other  proper  evidence,  that  the  party  cannot 
have  a  fair  or  impartial  trial  in  the  Court,  in  which  such  suit,  or  ac- 
tion, issue,  or  petition,  presentment,  or  indictment  is  pending,  or  when 
the  .Judges  of  said  Court  shall  be  disqualified,  under  the  provisions  of 
this  Constitution,  to  sit  in  any  such  suit,  action,  issue  or  petition,  pre- 
sentment, or  indictment;  and  the  General  Assembly  shall  make  such 
modifications  of  existing  Law  as  may  be  necessary  to  regulate  and 
give  force  to  this  i^rovision. 

Officers  of  Courts —  Compensation — Judges  to  Investigate  Expenses. 

Sec.  9.  The  .Judge,  or  Judges  of  any  Court,  may  api^oint  such  offi- 
cers for  their  respective  Courts  as  may  be  found  necessary;  and  such 
officers  of  the  Courts  in  the  City  of  Baltimore  shall  be  appointed  by 
the  Judges  of  the  Supreme  Bench  of  Baltimore  City.  It  shall  be  the 
duty  of  the  General  Assembly  to  prescribe,  by  Law,  a  fixed  compensa- 
tion for  all  such  officers ;  and  said  Judge,  or  Judges,  shall,  from  time 
to  time,  investigate  the  expenses,  costs  and  charges  of  their  respective 
Courts,  with  a  view  to  a  change  or  reduction  thereof,  and  report  the 
result  of  such  investigation  to  the  General  Assembly  for  its  action. 

Clerls  to  Keep  Records — Fees — Power  of  Judges — Rules  for  Clerls. 

Sec.  10.  The  Clerks  of  the  several  Courts,  created,  or  continued  by 
this  Constitution,  shall  have  charge  and  custody  of  the  records  and 
other  papers,  shall  ])erform  all  the  duties,  and  be  allowed  the  fees, 
which  appertain  to  their  several  olTioes,  as  the  same  now  are,  or  may 
hereafter  be,  regulated  by  Law.  And  the  office  and  business  of  said 
Clerks,  in  all  their  departments,  sliall  be  subject  to  the  visitorial 
power  of  the  Judges  of  their  respective  Courts,  who  shall  exercise  the 
same,  fi"om  time  to  time,  so  as  to  insure  the  faithful  jDcrformance  of 


S3  JUDICIARY   DEPARTMENT. 

the  duties  of  said  offices  ;  and  it  shall  be  tlie  duty  of  the  Judges  of 
said  Courts  respectively,  to  make,  from  time  to  time,  such  rules  and 
resulations  as  may  be  necesssry  and  ])roper  for  the  government  of  said 
Clerks,  and  for  the  performance  of  the  duties  of  tlieir  offices,  whicli 
shall  have  the  force  of  Law  until  repealed  or  modified  by  the  General 
Assembly. 

Election  Returns. 

Sec.  11.  The  election  for  Judges,  hereinbefore  provided,  and  all 

elections  for  Clerks,  Registers  of  Wills,  and  other  officers,  provided  in 
this  Constitution,  except  State's  Attorneys,  shall  be  certified,  and  the 
returns  made,  by  the  Clerks  of  the  Circuit  Courts  of  the  Counties,  and 
the  Clerk  of  the  Superior  Court  of  Baltimore  City,  respectively,  to  the 
Governor,  who  shall  issue  commissions  to  the  ditl'erent  persons  fir  the 
offices  to  which  they  shall  have  lieen,  respectively,  elected ;  and  in  al! 
such  elections,  the  person  having  the  greatest  number  of  votes,  shall 
be  declared  to  be  elected. 

Case  of  Tie — Contested  Elections — Neio  Election. 

Sec.  12.  If  in  any  case  of  election  for  Judges,  Clerks  of  the  Courts 
of  La>v,  and  llegisters  of  Wills,  the  ojiposing  candidate  shall  have  an 
equal  number  of  votes,  it  shall  be  the  duty  of  the  Governor  to  order  a 
new  election  ;  and  in  case  of  any  contested  election,  the  Governor 
shall  send  the  returns  to  the  House  of  Delegates,  which  shall  judge  of 
the  election  and  qualification  of  the  candidates  at  such  election ;  and 
if  the  judgment  shall  be  against  the  one  who  has  been  returned  elected, 
or  the  one  who  has  been  commissioned  by  the  Governor,  the  House  of 
Delegates  shall  order  a  new  election  within  thirty  days. 

Style  of  Commissions. —  Grants  and   Writs. 

Sec.  13.  All  Pul)lic  Commissions  and  Grants  shall  run  thus:  "The 
State  of  Maryland,"  &c.,  and  shall  be  signed  by  the  Governor,  with 
the  Seal  of  the  State  annexed ;  all  writs  and  process  shall  run  in  the 
same  style,  and  be  tested,  sealed  and  signed,  as  heretofore,  or  as  may 
hereafter  be,  provided  by  Law;  and  all  indictments  shall  conclude, 
"against  the  peace,  government  and  dignity  of  the  State." 


The  Additional  Provisions  relating  to  Courts,  under  Article  XV 
of  the  Constitution,  are  as  follows: 

The  Courts  to  Continue  until  Superseded. 

The  several  Courts  existing  in  this  State  at  the  time  of  the  adop- 
tion of  this  Constitution,  shall,  until  sujierscded  under  its  provisions, 
continue  with  like  powers  and  jurisdiction,  and  in  the  exercise 
thereof,  both  at  Law  and  in  Equity,  in  all  resjiects,  as  if  this  Constitu- 
tion had  not  been  adopted ;  and  when  said  Courts  shall  be  so  super- 
seded, all  causes,  then  depending  in  said  Courts,  shall  pass  into  the 
jurisdiction  of  the  several  Courts,  by  which  they  may  be  respectively, 
superseded. — Art.  lo.  Sec.  2. 

Jury  Judges  of  Law  and  Fact. 

In  the  trial  of  all  criminal  cases,  the  Jury  shall  be  the  Judges  of 
Law  as  well  as  of  Fact. — Ibid.,  Sec.  5. 


JUDICIAIiY    DEPARTMENT.  89 

B'Kjht  of  2'rial  hj  Jury. 

Tlie  right  of  trial  by  Jury  of  all  issues  of  fact  in  civil  prrx^eeclings 
in  tlic  several  Courts  o  Law  in  this  State,  where  the  amount  in  con- 
troversy exceeds  the  sum  of  five  dollars,  shall  be  inviolably  i^reserved. 
Ibid.,  Sec.  6. 

Terms  of  Office  to  Commence  from  Election. 

Tlie  Term  of  office  of  all  Juflges  and  other  offiivrs,  for  whose  e.ec- 
tion  provision  is  made  by  this  Constitution,  shall,  except  in  cases 
otherwise  expressly  provided  herein,  cominence  from  the  time  of  their 
Election  ;  and  all  sucli  officers  sluiU  ([ualify  as  soon  after  their  election 
as  practic;il>le,  and  shall  enter  upon  the  duties  of  their  respective 
offices  immediately  upon  their  qualification. — Ibid.,  Sec.  9. 

Compensation  of  Judges. 

The  Constitution,  Article  4,  section  24,  provides  that  the  salary  of 
each  Chief  Judge,  and  of  the  Judge  of  the  Court  of  Appeals,  from  Bal- 
timore City,  shall  be  |;?,500,  and  of  each  Associate  Judge  of  the  Cir- 
cuit Court,  shall  be  $2,800,  ])er  annum,  i)ayable  quarterly,  and  shall 
not  be  diminished  during  his  continuance  in  office. 


THE     COURT     OF    APPEALS. 

Constitution,  Article  IV,  Part  2d. 

The  provisions  of  the  Constitution  relating  to  the  Court  of  Appeals 
are  contained  in  Part  2d  of  Article  4th,  Sections  14th  to  18th  inclu- 
sive, as  follows : 

TTie  Court  of  Appeals — How  Constituted — Its  Jurisdiction 

and  Sessions. 

Sec.  14.  The  Court  of  Appeals  shall  be  composed  of  the  Chief 
Judges  of  the  first  seven  of  the  several  Judicial  Circuits  of  the  State, 
and  a  Judge  from  the  City  of  Baltimore  specially  elected  thereto,  one 
of  whom  shall  be  designated  by  the  Governor,  by  and  witli  the 
advice  and  consent  of  the  Senate,  as  the  Chief  Judge:  and  in  all 
cases  until  action  by  the  Senate  can  be  had,  the  Judge  so  designated 
by  the  Governor,  shall  act  as  Chief  Judge.  The  Judge  of  the  Court 
of  Appeals  from  the  City  of  Baltimore  sliall  be  elected  i)y  the  qualilied 
voters  of  said  City,  at  the  election  of  Judges  to  be  held  therein,  as 
hereinbefore  provided;  and  in  addition  to  his  duties,  as  Judge  of  the 
Court  ol  Appeals,  shall  perform  such  other  duties  as  the  General  As- 
sembly shall  prescribe.  The  jurisdiction  of  said  Court  of  Appeals 
shall  be  co-extensive  wdth  the  limits  of  the  State,  and  such  as  now  is, 
or  may  hereafter  be,  prescribed  by  Law.  It  shall  hold  its  sessions  in 
the  city  of  Annapolis,  on  the  first  Monday  in  A])ri!.  and  the  first 
Monday  in  October,  of  each  and  every  year,  or  at  such  other  times  as 
the  General  Assembly  may,  by  Law,  direct.  Its  sessions  shall  con- 
tinue not  less  than  ten  montlis  in  the  year,  if  the  business  l)efore  it 
shall  so  require;  and  it  shall  be  competent  for  the  Judges,  tempora- 
rily, to  transfer  their  sittings  elsewhere,  upon  sufficient  cause. 


90  JUDICIARY    DEPARTMENT. 

The  Judge  heloio  not  to  Sit — Opinions  to  he  Filed. 

Sec.  15.  Four  of  said  Judges  shall  constitute  a  quorum;  no  cause 
shall  be  decided  without  the  concurrence  of  at  least  three ;  but  the 
Judge  who  heard  the  cause  below,  shall  not  participate  in  the  de- 
cision; in  every  case  an  opinion,  in  writing,  shall  be  filed  within 
three  months  after  the  argument,  or  submission  of  the  cause ;  and  the 
judement  of  the  Court  shall  be  final  and  conclusive;  and  all  cases 
shall  stand  for  hearing  at  the  first  term  after  the  transmission  of  the 
Record. 

Publisliing  Reports  of  Cases. 

Sec.  16.  Provision  shall  be  made  by  Law  for  publishing  Reports 
of  all  cases,  argued  and  determined  in  the  Court  of  Appeals,  which 
the  Judges  shall  designate  as  proper  for  publication. 

Cleric  Elected — Removal — Vacancy. 
Sec.  17.  There  shall  be  a  Olerk  of  the  Court  of  Appeals,  who  shall 
be  elected  by  the  legal  and  qualified  voters  of  the  State,  who  shall 
hold  his  office  for  six  years,  and  until  his  successor  is  dulj'  qualified ; 
he  shall  be  subject  to  removal  by  the  said  Court  for  incompetency, 
neglect  of  duty,  misdemeanor  in  office,  or  such  other  cause,  or  causes, 
as  may  be  prescribed  by  Law ;  and  in  case  of  a  vacancy  in  the  office 
of  said  Clerk,  the  Court  of  Aivieals  shall  appoint  a  Clerk  of  said 
Court,  who  shall  hold  his  office  until  the  election  and  qualification  of 
his  successor,  who  shall  be  elected  at  the  next  general  election  for 
members  of  the  General  Assembly ;  and  the  person,  so  elected,  shall 
hold  his  office  for  the  term  of  six  years  from  the  time  of  election. 

Rules  for  Appeals — Th",  Record — Practice — Costs — Fees — 
Rules  in  Equity. 
Sec.  18.  It  shall  be  the  duty  of  the  Juds:es  of  the  Court  of  Appeals, 
as  soon  after  their  election,  under  this  Constitution,  as  practicable, 
to  make  and  publish  rules  and  regulations  for  the  prosecution  of 
appeals  to  said  a])pellate  court,  whereby  they  shall  prescribe  the 
periods  within  which  appeals  may  be  taken,  what  part  or  jjarts  of 
the  proceedings  in  the  Court  below  shall  constitute  the  record  on 
appeal,  and  the  manner  in  which  such  appeal  shall  be  brought  to 
hearing  or  determination,  and  shall  regulate,  generally,  the  pnictice 
of  said  Court  of  Appeals,  so  as  to  prevent  delays,"  and  promote 
brevityin  all  records  and  proceedings  brought  into  said  Court,  and 
to  abolish  and  avoid  all  unnecessary  costs  and  exi)enses  in  the  prose- 
cution of  appeals  tlierein;  and  the  said  Judges  shall  make  such 
reductions  in  the  fees  and  expenses  of  said  Court,  as  they  may  deem 
advisalile.  It  shall  also  be  the  duty  of  said  Judges  of  the  Court  of 
Appeals,  as  soon  after  their  election  as  practicable,  to  devise,  and 
promulgate  by  rules,  or  orders,  forms  and  modes  of  framing  and  filing 
bills,  answers,  and  other  proceedings  and  pleadings  in  Equity ;  and 
also  forms  and  modes  of  taking  and  obtaining  evidence,  to  ho.  used  in 
Equity  cases:  and  to  revise  and  regulate,  generally,  the  practice  in 
the  Courts  of  Equity  of  this  State,  so  as  to  prevent  delavs,  and  to  pro- 
mote brevity  and  conciseness  in  all  pleadings  and  proceedings  therein, 
and  to  al)olish  all  unneee^^sary  costs  and  expenses  attcnding'^the  same! 
And  all  rules  and  rcgulalions  hereby  directed  to  be  made,  shall,  when 
made,  have  the  force  of  Law,  until  rescinded,  changed,  or  modified  by 
the  said  Judges,  or  the  General  Assembly. 


JUDICIAllY    DEl'AUTMENT.  91 

Tlie  Laws  to  le  Recorded. 

Tlic  Constitution,  Article  0,  Section  30,  provides,  That  every  Law 
sliall  be  recorded  in  the  otllce  of  the  Court  of  Api)eals,  and  in  due 
time,  be  ])rintfd,  pu1>Iished  and  certified,  under  the  Great  Seal,  to  the 
several  Courts,  in  the  same  manner  as  has  been  heretofore  usual  in  this 
State. 

The  State  Reporter. 

By  Constitution,  Article  4,  Section  16,  provision  shall  be  made  by 
law,  for  puhlishini^  Reports  of  all  causes  argued  and  determined  in 
the  Court  of  Appeals,  which  the  Judges  shall  designate  as  proper  for 
publication. 


GENERAL  LAWS  RELATING  TO   COURT  OP  APPEALS. 

Reporter  to  le  Appointed. 

The  80th  Article  of  the  Public  General  Laws,  as  amended  by  the 
Act  of  1807,  chap.  410,  provides  for  the  appointment  of  a  State  Re- 
porter, and  i^rescribes  his  duties  as  follows  : 

How  Apjwinted — Term  of  Office. 

Sec.  1.  The  State  Reporter  shall  be  appointed  by  the  Judges  of  the 
Court  of  Appeals,  and  shall  hold  his  office  for  the  term  of  four  years, 
unless  sooner  removed  by  said  .Judges,  and  shall  be  styled  the  State 
Reporter,  and  shall  be  re-eligible  from  time  to  time. 

Salary. 

Sec.  2.  He  shall  receive  an  annual  salary  of  one  thousand  dollars. 

His  Duties. 

Sec.  3.  He  shall  report  and  publish  all  cases  argued  and  determined 
in  the  Court  of  Ajipeals  of  this  State,  from  and  after  the  passage  of 
this  Act,  designated  by  said  Court  to  be  reported,  within  six  months 
from  the  time  when  the  same  shall  have  l)een  determined  ;  the  reports 
in  all  cases  shall  be  limited  to  a  statement  of  the  material  tacts,  the 
principal  points  and  authorities  relied  on  by  the  respective  counsel, 
the  opinion  of  the  Court,  and  an  abstract  or  head-note  of  the  points 
decided ;  and  each  volume  of  said  Reports  shall  also  contain  a  list  of 
the  cases  therein  rejDorted,  a  list  of  the  cases  decided  during  the  period 
embraced  in  the  volume,  designated  by  the  Court  as  not  to  be  re- 
ported, and  a  copious  index. 

Printing  and  PuUislnng  Reports. 

Sec.  4.  Each  volume  of  the  Reports  shall  contain  at  least  six  hun- 
dred pages,  and  shall  be  printed  on  good  paper,  to  be  selected  and 
purchased  by  the  reporter,  at  the  cost  of  the  State,  with  clear  type, 
and  in  size,  form,  quality  of  materials,  and  quantity  of  matter  per 
page,  shall  correspond  as  nearly  as  possible  with  the  eighteenth  vol- 
ume of  Maryland  Rej^orts,  and  siuill  be  sold  at  a  price  of  live  dollars 
a  volume,  in  tine  law  binding,  or  four  dollars  and  a  half,  when  not 
l>ound ;  and  shall  be  printed,  published  and  bound  at  the  expense  of 
the  Reporter,  who  shall  be  entitled  to  the  cojivright  of  the  volume. 


92  JUDICIARY   DEPARTMENT. 

State  Subscription. 

Sec.  5.  The  State  shall  take  two  hundred  copies  of  each  volume  of 
said  Reports,  at  the  price  of  six  dollars  per  volume,  delivered  at  the 
St4ite  Li))rarv,  being  at  the  rate  of  two  dollars  per  jiage,  of  a  sintde 
volume  of  six  hundred  images,  and  at  the  same  rate  when  the  volume 
may  exceed  six  hundred  pages. 


Article  29th  of  the  Public  General  Laws,  sections  24  to  43,  inclu- 
sive, relating  to  the  Judges  of  the  Court  of  Appeals,  are  as  follows : 
When  Judges  are  Disqualified. 

Sec.  24.  Any  Judge  of  the  Court  of  Appeals  Avho  shall  be  connected 
with  any  party  to  a  cause,  by  consanguinity  or  by  affinity,  within  the 
fourth  degree,  counting  down  from  the  common  ancestor  to  the  more 
remote,  shall  be  disqualified  from  sitting  in  such  cause. 

Legal  Residence. 

Sec.  25.  No  Judge  of  the  Court  of  Appeals  shall  be  deemed  to  have 
abandoned  his  residence  in  the  Judicial  District  for  which  he  shall 
have  been  elected,  l)y  reason  of  his  residence  in  Annapolis  during  the 
term  for  which  he  may  have  been  elected,  unless  he  shall  signify  his 
intention  so  to  abandon  his  residence  in  his  said  district  by  voting  in 
the  city  of  AnnaiJolis. 

Adjournment  of  Court. 

Sec.  26.  Any  one  of  the  Judges  of  the  Court  of  Appeals,  in  the  ab- 
sence of  the  others,  may  adjourn  the  Court  until  the  attendance  of  the 
other  Judges  can  be  had;  and  in  the  absence  of  all  the  Judges,  the 
Clerk  may  adjourn  the  Court  fi-om  day  to  day  until  a  Judge  is  jjresent. 

Return  of  Process. 
Sec.  27.  Any  one  of  the  Judges  may  take  the  return  of  i^rocess,  and 
may  order  the  issuing  of  the  same,  and  may  enter  continuances  by  con- 
sent of  the  parties. 

Continuance  of  Actions. 

Sec.  28.  No  action  in  the  Court  of  Appeals  shall  continue  longer 
than  the  end  of  the  fourth  term  after  the  same  shall  have  been  insti- 
tuted, unless  by  consent  of  the  j^arties. 

Writs  of  Diminution. 

Sec.  20.  T'pon  a  writ  of  diminution  issued  by  the  Cora-t  of  Appeals 
to  any  inferior  Court,  such  Court  shall  certify  and  return  only  such 
parts  of  the  record  or  proceedings  as  shall  have  been  omitted  in  the 
transcript  or  transcripts  before  transmitted  to  the  Court  of  Appeals. 

How  Prepared. 

Sec.  30.  Every  ap]ilication  for  a  writ  of  diminution,  shall  contain 
a  s])ccification  in  writing  of  the  parts  of  the  records  or  proceedings 
requisite  to  be  sup|)lied,  which  shall  also  be  incorporated  in  the  writ 
of  diminution  for  the  guidance  of  the  inferior  Court. 

Not  to  Delay  a  ITearin//. 
Sec.  ?)1.  The  issuing  of  a  writ  of  diminution  shall  not  delay  the 
hearing  in  the  Court  of  Ap]jeals  of  any  cause,  if  the  return  thereto  be 
made  licfore  the  said  cause  shall  be  called  for  hearing,  unless  for  good 
cause  slniwn. 


JUDICIARY   DEPARTMENT.  Vo 

Writs  of  Fieri  Farias  and  Attaclnnent. 
Sec.  32.  A  writ  of  licri  facias  or  attacliment  may  be  issued  upon 
any  judgment  of  the  Court  of  Appeals,  directed  to  the  Sheriff  of  the 
County  in  which  the  original  judgment  appealed  from  was  rendered, 
and  returnable  to  the  Circuit  Court  f  )r  such  County ;  and  tliere  shall 
be  sent  with  said  writ  a  short  copy  of  the  judgment,  and  the  said 
writ  shall  be  proceeded  on  and  renewed  as  if  it  had  been  issued  Irom 
the  Circuit  Court,  to  which  it  is  returnable. — 18G3,  eh.  122. 

Ilmo   Writs  are  Directed  and  Meturnable. 

Sec.  33.  Either  of  the  writs  mentioned  in  the  last  preceding  sec- 
tion may  be  directed  to  the  Shcritfof  the  City  of  Baltimore:  and  if  so 
directed,  it  shall  be  made  returnable  to  the  Court  from  which  the  ap- 
peal was  taken,  and  the  sanie  proceedings  shall  be  had  ass  provided  in 
the  said  i)receding  sections. 

Scire  Facias  Against  Heirs,  dr. 

Sec.  34.  In  case  a  scire  facias  shall  be  issued  out  of  the  Court  of 
Ap])eals  against  heirs  or  terre  tenants,  and  one  or  more  of  the  heirs  or 
terre  tenants  shall  reside  in  different  counties,  the  scire  ficias  shall  be 
directed  to  the  Sheriff  of  tlie  projioi-  county,  and  returned  by  him  to 
the  Circuit  Court  thereof  and  du])licates  of  said  scire  facias  shall  be 
issued  and  directed  to  the  Sheriff  of  each  county  wherein  an  heir  or 
terre  tenant  resides — which  duplicates  shall  be  returnable  to  the  Cir- 
cuit Court  of  the  county  to  which  the  original  scire  facias  is  returna- 
ble— and  the  Court  to  wliich  the  same  are  returnable,  shall  proceed 
therein  in  the  same  manner  as  if  said  writs  had  issued  from  such  Court. 

Proceedings  Under  Scire  Facias^  <f-c. 

Sec.  35.  If  the  sire  facias  against  heirs  or  terre  tenants  be  sent  to 
the  City  of  Baltimore,  it  and  its  duplicates  shall  l)e  returnable  to  the 
Superior  Court,  and  the  same  proceedings  shall  be  had  in  all  respects 
as  if  the  same  had  been  returned  to  a  Circuit  Court  of  a  county. 

Where  Scire  Facias  may  de  Sent. 

Sec.  30.  Any  scire  ficias  against  heirs  or  terre  tenants,  from  the 
Court  of  Appeals,  may  be  sent  to  the  county  or  city  where  the  defend- 
ant in  the  original  judgment  resided,  or  to  the  county  or  to  city 
where  the  land  to  be  affected  by  such  writ  lies. 

When  Entries  may  ie  JlTade. 

Art.  37.  If  the  Court  shall  he  of  oi^inion  that  there  appears  to  be 
sufficient  matter  of  substance  on  any  appeal  or  writ  of  error  to  enable 
them  to  proceed  thereon,  the  same  shall  not  be  reversed  or  dismissed 
for  Avant  of  form,  and  the  Court  may  permit  any  entry  to  be  made  by 
either  party  during  the  pendency  of  the  api)eal,  which  might  have 
been  made  by  such  party  after  verdict  in  the  Court  below ;  nor  shall 
any  judgment  or  verdict  be  reversed,  if  there  be  one  good  count  in  the 
declaration. 

Wi'its  of  Error. 

Sec.  38.  All  writs  of  error  wherein  there  shall  be  any  variance  from 
the  original  record,  or  other  defect,  may  be  amended  and  made  agree- 
able to  such  record. 


94  JUDICIARY   DEPARTMENT. 

No  Judgment  Reversed^  die. 

Sec.  39.  No  judsjment  shall  be  reversed  in  the  Court  of  Appeals, 
because  the  verdict  was  rendered  for  a  larger  sum  than  the  amount 
laid  in  the  declaration,  but  the  plaintiff  below,  or  his  legal  representa- 
tive, may  amend  the  record  by  entering  a  release  of  the  excess  above 
■  he  sum  laid  in  the  declaration. 

Eelatlng  to  Entry  or  Amendments. 

Sec.  40.  If  any  entry  or  amendments  which  the  Court  of  Appeals 
may  permit,  would  require  an  alteration  of  the  judgment  from  which 
the  appeal  is  taken,  the  Court  may,  on  deciding  the  appeal,  give  such 
iudgment  as  the  entry  or  amendment  may  require. 

Cvsts. 

Sec.  41.  Upon  the  reversal  or  affirmance  of  the  judgment  of  a  Court 
of  law,  the  Court  of  Appeals  shall  av/ard  to  the  party  in  whose  fevor 
they  shall  decide,  all  the  costs  which  accrued  in  the  Court  below  and 
in  the  Court  of  Appeals,  and  shall  give  judgment  for  the  same,  and 
may  enforce  such  judgment  by  execution. 

Costs  in  Certain  Appeals. 

Sec.  42.  In  appeals  from  equity  and  the  Orphans'  Court,  the  award- 
in"-  of  costs  shall  be  in  the  discretion  of  the  Court  of  Appeals. 

Pay  of  Crier  and  Sheriff. 

Sec.  43.  The  Crier  appointed  by  the  Court  of  Appeals  shall  receive 
five  dollars  a  day  for  liis  attendance  for  every  day,  Sundays  excepted, 
ilurhig  the  terms  of  session  of  said  Court  of  Appeals,  and  whenever, 
in  the^judgment  of  said  Court,  the  attendance  or  services  of  a  Sheriff 
may  be  required  in  said  Court :  the  Judges  thereof  may  direct  a  Sher- 
iff to  attend  or  perform  such  services,  for  which  attendance  and  ser- 
vices the  said  Sheriff  shall  be  entitled  to  a  per  diem  of  three  dollars  and 
tifty  cents,  and  the  Judges  of  said  Court  shall,  at  the  end  of  eacii  ses- 
sion of  the  said  Court,  give  the  said  Crier  and  Sheriff',  accrtidcate  of 
the  number  of  days  for  wliich  they  are  respectively  entitled  to  said 
per  diem. 

Production  of  Original  Papers,  Maps,  <&c. 

Sec.  44.  Tlie  Court  of  Appeals  shall,  upon  the  application  of  any 
appellant  or  appellee,  in  any  case  there  depending,  and  on  proper 
cause  shown  to  said  Court,  for  that  purpose,  have  power  to  order  and 
direct  the  clerk  of  the  Court  from  which  said  appealinay  have  been 
taken,  to  produce,  by  himself  or  some  person  authorized  by  him,  to 
tin;  said  Court  of  Api)eals,  for  inspection  upon  the  trial  of  the  said 
case,  any  original  paper,  map  or  plat  tiled  in  the  Court  below  in  said 
case,  a  copy  whereof  is  set  forth  in  the  record  sent  to  the  said  Court 
of  Appeals ;  the  cost  of  such  production,  in  every  case,  to  be  paid  by 
the  party  applying  for  the  production  of  said  paper. — 1863,  ch.  122. 


JUDICIARY    DEPARTMENT.  95 

THE   CLERK   OF   THE   COURT  OF   APPEALS. 
[See  Constitution,  Article  4,  Section  17.] 

The  duties  of  the  clerk  of  the  Court  of  Appeals,  are  prescribed  in 
Article  18,  Sections  39  to  41,  inclusive,  as  follows: 

Cvstody  of  Records  and  Papers^  &c. 
Sec.  39.  The  clerk  of  the  Court  of  Appeals  shall  have  the  custody 
of  all  the  records  and  papers  in  the  office  of  the  late  Court  of  Appeals, 
of  the  former  Court  of  Appeals,  and  of  the  General  Court,  and  shall 
give  certified  copies  under  the  seal  of  his  court,  of  such  papers  and 
records,  and  such  copies  shall  be  evidence  in  the  same  manner  as  other 
certified  copies  of  records  are. 

To  Record  Extracts  of  Deeds,  &c. 
Sec.  40.  He  shall  carefully  file  among  the  Records  of  his  ofiBce, 
without  fee  or  reward,  all  extracts  of  deeds  transmitted  to  him  by 
the  clerks  where  such  deeds  are  recorded ;  and  when  he  shall  re- 
ceive a  sufficient  number  of  such  extracts  as  will  form  a  record  book 
of  the  proper  size,  he  shall  cause  the  same  to  be  well  and  substantially 
bound  in  leather,  and  placed  among  the  records  of  his  office. 

The  Clerk's  Bond. 
Sec.  41.  He  shall  renew  his  bond  on  or  before  the  first  day  of  August, 
in  every  second  year ;  which  bond  shall  be  approved  by  the  Judges 
of  the  Court  of  Appeals,  and  recorded  among  the  records  of  said 
Court. 

His  Residence. 
Sec.  42.  He  shall  not  he  deemed  to  have  abandoned  his  residence 
in  the  city  or  county  where  he  resided  at  the  time  of  his  appointment, 
by  reason  of  his  residence  in  Annapolis,  during  the  time  for  which  he 
may  have  been  appointed,  unless  he  shall  signify  his  intention  so  to 
abandon  his  residence  in  said  city  or  county  by  voting  in  Annapolis. — 
I860,  ch.  340. 

Receipts  and  Expenses. 

See  Article  18,  Section  10— act  of  1862,  ch.  255— under  head  of 
"Clerks  of  Circuit  Courts,"  relating  to  the  Return  of  Accounts  of  Re- 
ceipts and  Expenditures,  &c.,  on  the  first  Monday  in  June  and  De- 
cember of  each  year,  to  the  Comptroller, 


96  JXTDICIART    DEPARTMENT. 

GENERAL    LAWS    RELATING    TO    APPEALS 
TO    THE    COURT    OF    APPEALS. 

Article  5t]i  of  the  Public  General  Laws,  relating  to  appeals  to  the 
Court  of  Appeals,  enacts  as  follows : 

How  Appeals  may  "be  Taken. 

Sec.  1.  An  aj^peal  may  be  taken  from  a  Court  of  Law  or  Equity  by 
apiilication  to  the  clerk  ;  from  the  Orjjhan's  Court  by  application  to 
the  Register ;  from  the  Commissioner  of  the  Land  Office  by  applica- 
tion to  the  Commissioner  ;  from  the  County  Commissioners  by  appli- 
cation to  their  clerk,  and  from  a  justice  of  the  peace  by  an  applica- 
tion to  the  justice  ;  or  by  filing  a  petition  w^ith  the  clerk  of  the  Court 
to  which  the  appeal  is  made ;  and  upon  such  application,  if  made 
within  the  time  prescribed  by  law  for  taking  such  appeal,  the  clerk, 
register,  commissioner  or  justice  to  whom  the  same  is  made  shall  enter 
a  prayer  of  appeal  upon  his  docket  or  minutes  of  ijroceedings,  and 
transmit  the  papers  or  a  transcript  of  the  record  as  hereinafter  re- 
quii'ed. 

Not  Necessary  to  Copy  an  Instrument  Twice. 

Sec.  2.  When  any  instrument  of  writing  has  been  once  transcribed 
into  any  record  intended  to  be  transmitted  to  the  Court  of  AjDpeals,  it 
shall  not  be  necessary  to  copy  such  instrument  a  second  time  in  such 
record,  but  it  shall  be  sufficient  to  refer  to  the  same  and  the  page  of 
its  first  introduction  into  the  record  generally  ;  and  if  copied  a  second 
time,  the  parties  concerned  in  the  cause  shall  not  be  charged  for  the 
second  copy. 

Appeals  from  Courts  of  Law. 

Sec.  3.  From  any  judgment  or  determination  of  any  Court  of  Law 

in  any  civil  suit  or  action,  or  in  any  prosecution  for  the  recovery  of 
any  i^enalty,  fine  or  damages,  any  i)arty  may  ai)peal  to  the  Court  of 
Appeals. 

What  Parties  May  Appeal — Writs  of  Error. 

Sec.  4.  Any  party  to  a  petition  for  freedom,  and  any  party  to  a  wi"it 
of  mandamus,  may  apjjeal ;  and  writs  of  error  may  be  sued  out  in  civil 
or  criminal  cases  as  heretofore  practiced  in  this  State. 

Appeals  from  the  Orphans''  Courts. 

Set.  5.  In  cases  of  issues  sent  from  the  Orphans'  Court,  or  a  Court 
of  Equity,  to  a  Court  of  Law,  to  be  tried,  exceptions  may  be  taken  to 
any  opinion  given  by  the  Court  before  whom  such  issue  shall  be  tried, 
and  an  appeal  taken  on  such  exceptions;  and  such  appeal,  while 
pending,  shall  stay  all  proceedings  in  the  Orphans'  Court  touching 
the  matter  of  such  issues. 

Appeal  Under  the  Insolvent  Laws. 

Sec.  6.  Any  person  interested  may  appeal  from  the  decision  of  the 
Court  on  any  question  arising  under  the  insolvent  laws;  prorided,  such 
aj^peal  be  entered  within  thirty  days,  and  a  certified  copy  of  tlie  re- 
cord be  transmitted  to  the  Court  of  Appeals,  within  sixty  days  from 


JUDICTARY    DEI'ARTMENT.  97 

the  date  of  the  rlccision  appealed  from  ;  arid  jyt-ovidfd  aho,  that  the  ex- 
ecution or  eftect  ot  any  judfrnient,  decree,  decision  or  order  so  ap- 
pealed from,  shall  not  be  suspended  or  staid,  unless  a  Ijond  shall  be 
piven  in  such  penalty  and  condition,  and  with  such  security  as  the 
Court  may  prescribe  and  ap])rove. — 1865,  ch.  91. 

No   Writs  of  Error  after  Three  Years. 

Sec  7.  No  writ  of  error  shall  be  sued  out  or  appeal  taken  from  any 
judirment  or  determination  of  a  Court  of  Law  after  the  ex])iration  of 
three  years  fnmi  the  date  of  such  judgment  or  determination,  ex(;ept 
writs  of  error,  coram  vobis,  where  judgments  have  been  entered  by 
mistake. 

Sitisequent  Appeals  in  Certain  Cases. 

Sec.  8.  If  any  appeal  shall  be  dismissed  because  of  the  failure  of 
the  clerk  to  send  up  a  transcript  of  the  record  within  time,  such  dis- 
missal shall  not  prevent  a  subsequent  appeal :  provided,  such  sulise- 
qucnt  appeal  be  taken  within  the  time  limited  by  law  for  appealing 
from  such  judgment. 

WTien  Appeals,  <&c.,  shall  Stand  for  Hearing. 

Sec.  9.  All  appeals  and  writs  of  error  shall  regularly  stand  for  hear- 
ing at  the  term  of  the  Court  of  Apj^eals  next  succeeding  the  term  to 
which  said  appeal  shall  have  been  taken  or  writ  of  error  shall  have 
been  prosecuted. 

Cases  of  Majidamus^ Questions  Under  the  Tmohent  Laxos. 

Sec.  10.  All  appeals  in  cases  of  mandamus  or  questions  arising  un- 
der the  insolvent  laws,  on  exceptions  taken  on  the  trials  of  issue  sent 
from  the  Orjihans'  Courts  or  Courts  of  Equity,  orders  granting  injunc- 
tions, dissolving  or  refusing  to  dissolve  the  same,  api^ointing  a  re- 
ceiver, ratifying  or  refusing  to  ratify  a  Trustee's  sale,  and  all  appeals 
from  clecisions  of  the  Orphans'  Court,  and  Irom  any  judgment  or  mo- 
tions to  set  aside  sales,  or  apply  money  in  the  hands  of  the  Sheriff",  and 
all  appeals  from  clecisions  on  matters  of  law,  made  by  the  Courts  ot 
Baltimore  City,  in  relation  to  the  streets  in  said  city,  shall  stand  for 
hearing  at  the  first  term  after  the  transmission  of  the  record  ;  provided, 
that  from  every  final  judgment  or  order  granting  or  refusing  a  pe- 
remptory mandamus  in  any  case  hereafter  brought,  involving  the  title 
or  right  to  a  public  office,  either  party  shall  have  a  right  to  appeal 
within  twenty  days,  and  on  such  appeal  the  clerk  of  the  Court  shall 
forthwith  transmit  the  original  papers,  including  the  judgment  or 
order,  to  the  Court  of  Appeals,  and  said  Court  shall  immediately  hear 
and  determine  the  case. — 1870,  ch.  263. 

State  Cases  to  be  Heard  at  the  First  Term. 

Sec.  11.  All  cases  where  the  State  is  interested  shall  stand  for  hear- 
ing at  the  first  term  after  the  transmission  of  the  record. 

Points  to  he  Decided  hy  Court  of  Ap/peals. 

Sec.  12.  The  Court  of  Appeals  shall  in  no  case  decide  any  point  oi 
question  which  does  not  appear  by  the  record  to  have  been  tried  and 
decided  by  the  Court  below ;  but  no  j)rayer  or  instruction  shall  be 


98  JUDICIARY   DEPARTMENT. 

deemed  defective  by  reason  of  any  assumption  therein,  of  any  fact  by 
the  said  Court,  or  because  of  a  question  of  law  having  been  thereby 
submitted  to  the  jury;  unless  it  appears  from  the  record  that  such 
objection  was  taken  at  the  trial. — 1862,  ch.  154. 

Cases   Under  the  Insolvent  Laws. 

Sec.  13.  The  Court  from  whose  judgment  or  order  under  the  Insol- 
vent Laws  an  apjjeal  shall  be  taken,  shall  immediately  upon  the  entry 
of  such  appeal,  certify  and  state  the  questions  in  and  decided  by  such 
Court ;  and  no  question  which  shall  not  appear  by  such  certificate  to 
have  been  raised  in  said  Court  shall  be  considered  by  the  Court  of 
Appeals. 

Power  to  Give  and  Enforce  Judgments. 

Sec.  14.  The  Court  of  ApjDcals  shall  have,  on  reversing  any  judg- 
ment or  part  of  a  judgment  at  law,  power  to  give  such  judgment  as 
ought  to  have  been  given  by  the  Court  below,  and  may,  in  all  cases, 
enforce  their  judgment  by  execution. 

To  Give  Judgment  upon  Every  Exception. 

Sec.  15.  If  an  appeal  shall  be  taken,  or  writ  of  error  sued  out  for 
several  exceptions,  the  Court  of  Appeals  shall  give  judgment  on  every 
exception,  if  procedendo  is  to  be  issued  in  the  case. 

Proceedings  Under  a  New  Trial. 

Sec.  16.  In  all  cases  where  judgments  shall  be  reversed  or  affirmed  by 
the  Court  of  Appeals,  and  it  shall  appear  to  the  Court  that  a  new  trial 
ought  to  be  had,  a  writ  of  procedendo  shall  issue  to  the  Court  from 
which  the  appeal  was  taken,  commanding  said  Court  to  try  said  cause 
again  as  if  it  never  had  been  tried ;  and  there  shall  be  sent  with  the 
l^rocedendo  a  transcript  of  the  record,  and  the  said  case  shall  stand  for 
trial  at  the  first  term  after  the  receipt  of  the  procedendo ;  provided, 
thirty  days'  notice  of  trial  he  given  to  the  opposite  party. 

New  Trials  in  Another  County. 

Sec.  17.  When,  on  the  reversal  of  a  judgment,  a  writ  of  procedendo 
shall  be  awarded,  the  Court  of  Appeals,  upon  suggestion  in  writing 
Ijy  either  of  the  parties,  supported  by  affidavits  or  other  proper  evi- 
dence that  a  fair  and  impartial  trial  cannot  be  had  in  the  Court  where 
the  judgment  so  reversed  shall  have  been  rendered,  shall  direct  their 
clerk  to  transmit  a  copy  of  the  record  to  the  clerk  of  the  Court  of  some 
other  county  or  city,  with  a  writ  of  procedendo  to  such  Court,  direct- 
ing them  to  proceed  in  such  action,  and  to  a  new  trial  thereof,  in  the 
same  manner  as  if  no  trial  had  taken  place,  and  as  if  such  action  had 
been  originally  instituted  in  such  Court. 

Continiuinces  in  Certain  Cases. 

Sec.  18.  If  an  appeal  or  writ  of  error  be  dismissed  when  taken  on 
any  order  of  the  court  antecedent  to  final  judgment,  and  no  final  judg- 
ment shall  have  been  rendered,  it  shall  be  the  duty  of  the  said  court, 
on  application  of  any  of  the  parties,  to  order  continuances  in  said 
case  to  be  entered,  and  the  same  to  be  proceeded  with  in  the  same 
manner  and  with  the  same  effect  as  if  no  such  appeal  or  writ  of  error 
had  been  taken  or  sued  out,  and  either  party  may  make  such  sugges- 


JUDICIARY    DEPARTMENT.  99 

tion  and  new  parties  as  could  have  been  made  if  no  appeal  had  been 
taken  in  the  case ;  Provided,  the  court  shall  be  satisfied  by  the  certifi- 
cate of  the  clerk  of  the  Court  of  Appeals,  or  other  i)roper  evidence, 
that  the  said  appeal  or  writ  of  error  has  been  dismissed. 

Where  Matters  of  Fact  may  he  Tried. 

Sec.  19.  Where  writs  of  error,  coram  vobis,  are  pending  in  the  Court 
of  Appeals,  and  it  shall  appear  to  the  Court  necessary  to  try  any  mat- 
ter of  fact  put  in  issue  by  the  pleadings  in  the  case,  the  Court  may 
direct  a  transcript  of  the  record  to  the  Court  where  the  defendant 
named  in  the  original  action  may  reside,  or  to  such  other  Court  as  the 
parties  in  the  said  cause  may  agree  upon,  and  the  Court  to  which 
such  transcript  shall  be  transmitted,  shall  proceed  in  such  action,  and 
to  a  trial  of  the  facts  put  in  issue. 


Appeals  from  Courts  op  Equity. 

Time  witliin  which  Ajypeals  must  be  Mad£. 
Sec.  20.  Any  person  interested  may  appeal  from  the  decision  of  the 
court  on  any  question  under  this  Article,  provided,  such  appeal  be  en- 
tered within  thirty  days,  and  a  certified  copy  of  the  record  be  trans- 
mitted to  the  Court  of  Appeals  within  sixty  days  from  the  date  of  the 
decision  a])pealed  from  ;  aiul  provided  also,  that  the  execution  or  efi"ect 
of  any  jud<jment,  decree,  decision  or  order,  so  appealed  from,  shall  not 
be  suspended  or  staid,  unless  a  bond  shall  be  given  in  such  penalty 
and  condition,  and  with  such  security  as  the  court  may  prescribe  and 
approve. — 1865,  ch.  96. 

Appeals  AUmoed  in  Certain  Cases. 
Sec.  21.  An  appeal  may  also  be  allowed  in  the  following  cases,  to 
wit:  From  any  order  granting  an  injunction;  or  from  a  refusal  to  dis- 
solve the  same ;  or  an  order  appointing  a  receiver,  the  answer  of  the 
party  apijealing  being  first  filed  in  the  cause ;  from  an  order  dissolv- 
ing an  injunction;  from  an  order  lor  the  sale,  conveyance,  or  delivery 
of  real  or  personal  property,  or  the  payment  of  money,  unless  such 
delivery  or  pajment  be  directed  to  l)e  made  to  a  receiver  appointed 
by  such  court;  or  from  an  order  determining  a  question  of  right 
l)etween  the  parties,  and  directing  an  account  to  be  stated  on  the  prin- 
ciple of  such  determination. 

Orders  Open  for  Eevinon. 
Sec.  22.  On  an  appeal  from  a  final  decree  or  order,  all  previous  or- 
ders which  may  have  passed  in  the  cause  shall  be  ojjen  for  revision  in 
the  Court  of  Appeals,  unless  an  a])peal  under  the  next  preceding  sec- 
tion may  have  previously  been  taken  to  such  order. 

No  Appeal  to  Stay  Execution  without  a  Bond. 
Sec.  23.  No  appeal  from  any  order  shall  stay  the  execution  or  sus- 
pend the  operation  of  such  order  unless  tlic  party  ])raying  the  appeal 
shall  give  bond,  with  security,  to  indemnify  the  other  jDarty  from  all 
loss  and  injury  which  said  party  may  sustain  by  reason  of  such  ap- 
peal, and  the  staying  the  operation  of  such  order ;  such  bond  to  be 
approved  by  the  judge  or  clerk  of  the  court  where  the  proceedings 


100  JUDICIAKY   DEPARTMENT. 

are  pending ;  and  upon  giving  such  bond,  the  appeal  shall  stay  the 
operation  of  all  such  orders,  in  the  same  manner  as  appeals  do  fi-om 
final  decrees. 

Intention  to  Dispute  Previotis  Orders  in  Certain  Cases 
Bequires  a  Bond. 

Sec.  24.  In  case  a  party  intends,  on  an  appeal  from  the  final  decree 
or  order  in  the  case,  to  dispute  any  j^revious  order,  and  desires  to  stay 
the  operation  of  such  order,  he  shall  state  his  intention  to  disjiute  the 
same,  in  writing,  to  be  filed  with  the  clerk,  and  shall  give  bond  in 
such  penalty  as  the  court  may  prescribe,  with  security  to  be  approved 
by  the  court  or  the  clerk,  to  indemnify  the  other  party  from  all  loss 
and  injury  which  such  party  may  sustain  by  reason  of  the  staying  the 
operation  of  such  order. 

Appeals  in  Cases  of  Injunction. 
Sec.  25.  Whenever  any  court  having  equity  jurisdiction  shall  refuse 
to  grant  an  injunction  according  to  the  prayer  of  the  bill  or  petition 
filed  in  the  cause,  an  appeal  may  be  taken  Irom  such  refusal  by  any 
party  aggrieved  thereby,  and  such  right  of  ajjpeal  shall  not  be  pre- 
judiced by  the  filing  of  an  answer  to  the  said  bill  or  petition  on  be- 
half of  any  oj^posing  party,  nor  by  the  taking  of  depositions  in  refe- 
rence to  the  allegations  of  the  Ijill  or  petition  to  be  read  on  the  hear- 
ing of  the  application  for  an  injunction ;  and  the  said  appeal  shall  be 
heard  on  a  transcript  of  the  said  bill  or  petition,  with  such  other 
papers  or  proceedings  in  the  cause  as  may  be  necessary  for  the  pur- 
poses of  the  appeal,  and  so  soon  as  conveniently  may  be  after  such 
transcript  shall  have  been  filed  in  the  Com-t  of  Appeals. 

What  May  he  Bemewed  on  Appeal. 
Sec.  26.  On  an  appeal  from  a  court  of  equity,  no  objection  to  the 
competency  of  a  witness,  or  the  admissibility  of  evidence,  or  to  the 
sufficiency  of  the  averments  of  the  bill  or  petition,  or  to  any  account 
stated  and  reported  in  said  cause,  shall  be  made  in  the  Court  of  Ap- 
peals, unless  it  shall  appear  by  the  record  that  much  objection  has 
been  made  by  exceptions,  filed  in  the  court  from  which  such  appeal 
shall  have  been  taken. — 1861,  ch.  133. 

Objections  to  Jurisdiction,  <Skc. 

Sec.  27.  No  defendant  to  a  suit  in  equity  in  which  an  appeal  may 
be  taken,  shall  make  any  objections  to  the  jurisdiction  ol'  the  com-t 
below,  unless  it  shall  appear  by  the  record  that  such  objection  was 
made  is  said  court. 

Certain  Cases  may  "be  Bemanded. 

Sec.  2S.  If  it  sliall  appear  or  be  shown  to  the  Court  of  Appeals  that 
the  substantial  merits  of  a  cause  will  not  be  determined  by  the  revers- 
ing or  afiirming  of  any  decree  or  order  that  may  have  been  passed  by 
a  court  of  equity,  or  that  the  purposes  of  justice  will  be  advanced  by 
permitting  further  proceedings  in  the  cause,  either  through  aniend- 
mcnt  of  any  of  the  ])l('adings  or  tlie  introduction  of  further  evidence, 
making  additional  parties,  or  otherwise,  then  the  Court  of  Appeals, 
instead  of  passing  a  iinal  decree  or  order,  shall  order  the  cause  to  be 
remanded  to  the  court  from  whose  decision  the  appeal  was  taken,  and 


JUDICIAKY    DEFAUTMENT.  101 

thereupon  sucli  further  proceedings  shall  there  be  had  by  amendment 
of  pleadings,  or  further  testimony  to  be  taken,  or  otherwise,  as  shall 
bo  ncfcssiiry  for  determining  the  ctuise  upon  its  merits,  as  if  no  appeal 
had  been  taken  in  the  cause,  and  the  decree  or  order  appealed  from 
had  not  been  passed,  save  only  that  the  order  or  decree  passed  by  the 
Court  of  Appeals  shall  be  conclusive  as  to  the  points  finally  decided 
thereby.  And  it  shall  be  the  duty  of  the  Court  of  Appeals,  in  its  or- 
der n  niandiiig  the  cause,  to  express  the  reasons  for  the  remanding, 
and  also  to  determine  and  declare  the  opinion  of  the  court  on  ail 
points  which  may  liave  been  made  before^  the  said  -court,  or  which 
may  be  presented  by  the  record. 


Provisions  Relating  to  Appeals  from  Courts  of  Law 

OR  Equity. 

ClerTcs  to  Make  Transcripts  of  Becords. 

Sec.  29.  Upon  any  appeal  being  taken  in  a  court  of  law  or  equity, 
or  any  writ  ol  error  sued  out,  the  clerk  shall  make  out  and  transmit 
to  the  Court  of  Appeals  a  full  transcript  of  the  record  of  proceedings, 
under  the  seal  of  the  court,  within  nine  months  after  the  appeal  has 
been  entered  or  writ  of  error  produced  :  and  upon  the  receipt  of  such 
transcript,  the  clerk  of  the  Court  of  Appeals  shall  enter  the  case  upon 
his  docket,  as  of  the  term  next  after  the  date  of  the  appeal  or  of  the 
writ  of  error. 

Dismissal  of  Appeals. 

Sec.  30.  No  appeals  shall  be  dismissed  because  a  copy  of  the  record 
shall  not  have  been  transmitted  within  the  time  required  by  law,  if  it 
shall  appear  to  the  Court  of  Appeals,  that  such  delay  was  occasioned 
by  the  neglect  or  omission  of  the  clerk,  but  if  the  clerk  shall  have  pre- 
pared the  records  as  required  by  law,  and  the  apjiellant  or  plaintiff 
in  error,  shall  have  neglected  or  omitted  to  pay  for  such  record,  or  by 
any  other  neglect  or  omission  on  the  part  of  the  appellant  or  plaintiff 
in  error,  the  said  record  shall  not  be  sent  to  the  Court  of  Appeals 
within  nine  months  after  the  appeal  has  been  entered,  or  writ  of  error 
produced,  the  court  from  which  the  appeal  was  taken  may,  on  motion, 
strike  out  the  entry  of  such  appeal,  and  proceed  to  execution,  or  other 
proceedings,  as  if  such  appeal  had  never  been  entered,  and  thereafter 
no  other  appeal  or  writ  of  error  shall  be  allowed. — 186-4,  ch.  822. 

Stay  of  Execution,  &c. 
Sec.  31.  No  execution  upon  any  judgment  or  decree  in  any  court 
of  law  or  equity  shall  be  stayed  or  delayed,  unless  the  person  against 
whom  such  judgment  or  decree  shall  be  rendered  or  passed,  his  heirs, 
executors  or  administrators,  or  some  other  person  in  his  or  their 
behalf,  shall  immediately,  upon  praying  an  appeal  from  any  such 
judgment  or  decree,  or  suing  out  a  writ  of  error  upon  any  such  judg- 
ment, enter  into  bond  with  sufficient  securities  in  at  least  double  the 
sum  recovered  by  such  judgment  or  decide,  or  in  double  the  value  ol 
the  matter  or  thing  in  controversy,  which  shall  have  been  recovered 
or  decreed,  if  a  movable  chattel  or  chattels,  to  be  estimated  by  the 
court  from  whose  judgment  or  decree  the  said  appeal  shall  be  made 
or  writ  of  error  directed,  with  condition  as  follows  or  to  the  following 


102  JUDICIARY   DEPARTMENT. 

effect :  That  if  the  said  party  appellant,  or  party  suing  out  such  writ 
of  error,  shall  not  cause  a  transcript  of  the  record  and  proceedings  of 
the  said  judgment  or  decree  to  be  transmitted  to  the  Court  of  Ap- 
peals within  the  time  required  by  law,  and  prosecute  the  said  appeal 
or  writ  of  error  with  effect,  and  also  satisfy  and  pay  to  the  said  party 
in  whose  favor  such  judgment  or  decree  was  rendered  or  passed,  his 
executors,  administrators  or  assigns,  in  case  the  said  judgment  or  de- 
cree siiall  be  affirmed,  as  well  the  debt,  damages  and  costs,  or  the 
damages  or  sum  of  money  or  other  matter  or  thing,  and  costs  adjudged 
in  the  court  from  which  the  appeal  is  taken,  or  writ  of  error  sued  out, 
as  also  all  damages  and  costs  that  may  be  awarded  by  the  Court  of 
Appeals,  then  the  said  bond  to  be  and  remain  in  full  force  and  virtue, 
otherwise  ot  no  eflect. 

Affidavit  Required,  (fee,  tMt  Appeal  is  Not  for  Delay. 

Sec.  32.  The  clerk  or  judge  of  any  court  of  law  or  equity,  shall 
approve  any  bond  under  the  preceding  section,  but  no  appeal  bond 
in  any  case  shall  be  approved,  and  no  execution  upon  any  judgment, 
order  or  decree  in  any  of  the  courts  of  law  or  equity,  shall  be  staid  or 
delayed  by  an  appeal,  unless  the  person  or  persons  against  whom  such 
judgment,  order  or  decree  has  been  recovered  or  passed,  his  heirs,  ex- 
ecutors or  administrators,  shall  upon  praying  such  appeal,  tile  in  the 
case  an  affidavit  that  said  appeal  is  not  taken  for  delay. — 1864,  ch.  322. 

An  Appeal  Bond  Stays  Execution. 
Sec.  33.  The  filing  of  an  appeal  bond,  approved  as  aforesaid,  shall 
stay  any  execution  which  has  been  issued  on  any  such  judgment  or 
decree, 'whether  the  same  has  been  in  part  executed  or  not;  and  the 
sheriff  or  other  officer  in  whose  hands  the  execution  may  be,  shall, 
upon  the  exhibition  to  him  of  satisfactory  evidence  that  an  appeal 
bond  has  been  tiled  and  approved,  and  upon  the  receipt  of  the  costs 
which  have  accrued  on  said  execution,  stay  all  further  proceedings, 
and  deliver  up  the  property ;  Provided,  that  this  section  shall  not  ex- 
tend to  appeals  from  courts  of  common  law  rendered  by  confession, 
or  to  any  judgment  rendered  on  verdict,  unless  a  bill  of  exceptions 
has  been  taken,  or  a  motion  in  arrest  of  judgment  has  been  overruled. 

Suffi.cieney  of  the  Sureties, 

Sec.  84.  The  courts  of  law  and  equity  and  the  judges  thereof,  in 
vacation,  shall  have  full  power  and  fiuthority  to  examine  into  and 
determine  on  the  sufficiency  of  the  sureties  to  any  bond  liled  in  tlie 
offices  of  the  said  courts  respectively  under  this  article,  and  the  said 
courts  may,  from  time  to  time,  make  such  rules  and  orders  for  the  jus- 
tifying or  proving  the  sufficiency  of  such  sureties,  and  for  requiring 
additional  security  in  any  case,  as  they  may  deem  proper. 

When  Appeal  Bonds  are  Rejected. 

Sec.  35.  In  case  any  such  bond  shall  be  rejected,  the  court  or  judge 
rejecting  the  same  sliall  have  a  discretionary  power  to  grant  further 
time  to  the  party  to  hie  another  bonrl  ;  and  if  upon  indulgence  the 
party  shall  tile  a  new  bond  wliich  shall  Ijc  approved,  the  supersedeas 
thereupon  granted  shall  have  a  relation  back  to  the  day  of  the  hling 
the  first  bond. 


JUDICIARY    DEPARTMENT. 


103 


Bond  Not   Void  for   Want  of  Form. 
Sec.  36.  No  bond  required  by  this  article  to  be  executed  for  tlie 
purpose  of  staying  or  delaying  execution  upon  any  judgment  or  de- 
cree which  shall  be  approved,  shall  be  avoided  for  any  matter  of  form. 

Judgments  Confessed  may  he  Appealed  from. 
Sec.  37.  Any  judgment,  confessed  before  a  justice  of  the  peace,  for 
staying  execution,  on  any  judgment  or  decree  in  any  Circuit  Court,  or 
the  Superior  Court  or  Court  of  Common  Pleas  of  the  City  of  Balti- 
more, may  be  appealed  from,  or  a  writ  of  error  thereon  may  be  brought 
in  like  manner,  and  there  shall  be  the  same  proceedings  to  stay  exe- 
cution thereon,  as  herein  prescribed,  in  relation  to  judgments  ren- 
dered in  courts  of  law  ;  and  the  bond  entered  into  on  making  the  ap- 
peal, or  suing  out  the  writ  of  error,  and  the  sureties  therein,  shall  be 
approved  by  the  clerk  of  the  court  in  which  the  original  judgment  or 
decree  was  rendered. 

Tlie  Bond  in  Ca.se  of  Appellanfs  Death. 

Sec.  38.  The  bond,  which  any  appellant  who  may  die  pending 
any  ajjpeal  or  writ  of  error  shall  have  executed  for  the  prosecuting 
an  appeal,  or  suing  forth  a  writ  of  error,  and  the  securities  therein, 
shall  be  liable  and  answerable  to  the  appellee,  his  executors,  adminis- 
trators or  assigns,  for  the  due  prosecution  of  the  said  appeal  or  writ  of 
error. 


Appeals  from  Orphans'  Courts. 

Sec.  39.  In  all  decrees,  orders,  decisions  and  judgments  made  by 
the  Orphans'  Court,  the  party  who  may  deem  himself  aggrieved  by 
such  decree,  order,  decision  or  judgment,  may  appeal  to  the  Court  of 
Appeals ;  Provided,  such  ajDpeal  be  made  within  thirty  days  after  such 
decree,  order,  decision  or  judgment. 

Appeal  on  Decrees,  <&c.,  on  a  Summary  Proceeding. 

Sec.  40.  If  the  decree,  order,  decision  or  judgment  shall  have  been 
given  or  made  on  a  summary  proceeding,  and  on  the  testimony  of 
witnesses,  the  party  shall  not  be  allowed  to  appeal,  unless  he  shall  im- 
mediately notify  his  intention  and  request  that  the  testimony  be  re- 
duced to  writing,  and  in  such  case  the  depositions  shall  be  at  the  cost 
of  the  party  in  the  first  instance  reduced  to  writing. 

Transcript  of  Proceedings. 
Sec.  41.  The  register  shall  make  out,  and  transmit  to  the  Court  of 
Appeals,  a  full  transcript  or  record  of  the  whole  proceedings  of  the 
court  in  such  case,  under  the  hand  of  the  register  and  the  seal  of  the 
court,  within  sixty  daj's  after  the  appeal,  or  to  the  next  Court  of  Ap- 
peals after  said  appeal  is  entered,  and  upon  the  receipt  of  such  trans- 
cript by  the  clerk  of  the  Court  of  Appeals,  he  shall  enter  the  case  upon 
his  docket  as  of  the  term  next  after  the  date  of  said  appeal. 

Decision  of  Court  of  Appeals  Final. 

Sec.  42.  The  Court  of  Appeals  shall  either  affirm  the  decree,  judg- 
ment, decision  or  order  of  the  court  below,  or  direct  in  what  manner 
it  shall  be  changed  or  amended,  and  the  decision  of  the  Court  of  Ap- 


104  JtJDICIAKT   DEPAKTMEIsT. 

peals  shall  'be  final  and  conclusive,  and  when  certified  under  the  seal 
of  the  court  and  transmitted  to  the  Orphans'  Court,  the  Orphans' 
Court  shall  proceed  according  to  the  tenor  and  directions  thereof. 

A7i  Aj>peal  Not  to  Stay  Certain  Proceeding. 

Sec.  43.  An  appeal  from  the  Ori)hans'  Court  shall  not  stay  aay  pro- 
ceedings therein  which  may  with  propriety  be  carried  on  before  the 
appeal  is  decided  ;  Provided,  the  said  Orphans'  Court  can  provide  for 
the  conforming  to  the  decision  of  the  Court  of  Appeals,  whether  the 
the  said  decision  may  eventually  be  for  or  against  the  aj^pellant. 

Appeal  Ijy  Mutual  Agreement. 

Sec.  44.  If  upon  an  appeal  being  entered  in  the  Orphans'  Court,  the 
l^arties  shall  niLtially  agree,  and  enter  their  assent  in  v.-riting,  to  be 
filed  by  the  Register  of  Wills,  that  the  appeal  shall  be  made  to  the 
Circuit  Court  lor  the  county,  or  Superior  Court  for  Baltimore,  the 
Orphans'  Court  shall  direct  the  transcript  of  the  proceedings  to  be 
transmitted  to  the  Circuit  Court,  or  Superior  Court  for  Baltimore, 
whose  decision  shall  be  final. 

Taxing  the  Costs. 

Sec.  45.  It  shall  be  the  duty  of  the  clerk  or  register  transmitting  a 
record  to  the  Court  of  Appeals,  to  mfrk  upon  the  record  the  amount 
of  the  costs  taxed  against  the  plaintiff  and  defendant  respectively,  to 
the  time  of  the  aj)peal. 

Exceptions  to  BuUngs  of  Courts  in  Criminal  Cases  mm]  he 
Taken  to  Court  of  Appeals. 

Sec.  46.  In  all  trials  upon  any  indictment  or  presentment  in  any 
court  of  this  State  having  criminal  jurisdiction,  it  shall  be  lawful  for 
any  party  accused,  or  for  the  State's  Attorney,  in  behalf  of  the  State 
of  Maryland,  to  except  to  any  ruluig  or  determination  of  the  court, 
and  to  tender  to  the  court  a  bill  of  exceptions,  which  shall  be  signed 
and  sealed  by  the  court,  as  is  now  practiced  within  this  State  in  civil 
cases ;  and  the  party  tendermg  such  bill  of  exceptions,  may  appeal 
from  such  ruling  or  determination  to  the  Court  of  Aj^peals ;  Provided, 
that  the  counsel  for  the  accused  shall  make  oath  that  such  appeal  is 
not  taken  for  delay  ;  and  such  apjieal  shall  be  heard  by  the  Court  of 
Appeals  at  the  earliest  convenient  day  after  the  same  shall  have  been 
transmitted  to  the  said  court ;  and  after  such  apjjeal  shall  be  entered, 
no  judgment  shall  be  rendered  against  the  accused,  in  case  he  shall  be 
found  guilty,  until  the  Court  of  Appeals  sJiall  have  determined  upon 
the  exceptions,  and  remand  the  case  to  the  court  below. — 1873,  eh.  316. 


JUDICIAKY     UErAJlT-MENT.  105 

Appeals  from  Courts  in  Banc. 

The  Act  of  1868,  ch.  441,  provides  as  follows: 

Regulating  Decisions  of  Points  and  Questions  Reserved  for 
Courts  in  Banc — Appeals. 

Section  1.  When  at  the  trial  of  any  cause,  any  party  to  such 
cause  shall  rctiuire  any  point  or  question  decided  by  tlie  court  to  be 
reserved  for  the  consideration  of  tlie  court  in  ianc,  and  either  of  the 
Judges  of  tlie  said  court  shall  be  distiualified  to  sit  in  such  cause,  then 
it  shall  be  lawful  for  the  party  at  whose  instance  the  point  or  question 
shall  be  reserved,  to  elect  to  have  such  point  or  question  decided  by 
the  remaining  Judges  or  Judge  who  may  be  qualified  to  sit  in  such 
cause,  or  to  have  the  cause  removed  to  some  other  court  of  a  dift'creut 
circuit  for  the  decision  of  the  Judges  thereof,  or  of  such  of  said  Judges 
who  may  be  qualified  to  sit  in  such  cause  in  banc,  or  to  take  an  ap- 
peal to  the  Court  of  Appeals  ;  and  if  such  party  or  his  counsel  shall 
fail  to  make  and  file  such  election  in  writing,  within  thirty  days  after 
the  announcement  of  such  di^squalification,  or  within  thirty  days  after 
the  trial  of  the  cause  incase  such  announcement  shall  have  been  made 
before  the  trial,  then  such  point  or  question  shall  be  decided  by  the 
remaining  Judges  or  Judge  who  may  be  qualified  to  sit  in  such  cause; 
Provided,  that  every  ]:ioint  or  question  reserved  upon  a  motion  for  a 
new  trial  shall  be  decided  by  the  remaining  Judges  or  Judge  who 
may  be  qualified  to  sit  in  such  cause. — 18G8,  ch.  441. 

How  Points,  c&c,  shall  he  Reserved 

Sec.  2.  Points  or  questions  reserved  for  the  court  in  lane  shall  be 
taken  by  means  of  exceptions,  to  be  reduced  to  writing,  and  signed 
and  sealed  by  the  Judges  or  Judge  before  whom  the  cause  may  be 
tried,  and  so  framed  that  the  point  or  question  may  be  fully  presented 
as  to  both  law  and  flict  in  case  the  cause  shall  be  transmitted  to  the 
Court  of  Appeals,  instead  of  being  heard  by  the  court  in  lane. — Hid. 

When  Causes  are  Removed. 

Sec.  3.  "Whenever  any  cause  shall  be  removed  to  any  other  court, 
upon  a  point  or  question  reserved  for  the  court  in  lane,  as  herein  pro- 
vided, the  said  cause  shall  remain  in  the  said  court  for  trial  as  if  the 
same  had  originated  therein. — Hid. 

Appeals  in  Cases  of  Grading  or  Paving  Streets  in  Baltimore  City. 

The  Act  of  1870,  ch.  322,  authorizes  appeals  to  be  taken  from  Courts 
of  Baltimore  City  to  the  Court  of  Appeals,  in  cases  relating  to  chang- 
ing grades  of  streets,  or  paving  the  same. 

The  Act  of  18(i2,  ch.  167,  adds  an  additional  section  (13)  to  Article 
II,  P.  G.  L.,  entitled,  "Abatement,"  relating  to  the  power  of  the 
Court  of  Appeals,  on  death  of  parties  after  ap'peal  taken,  Ijefore  judg- 
ment, and  no  suggestion  of  death  ])y  executors,  &c.,  provides  that  the 
court  may  order  execution  to  issue  in  said  causes,  &c. — See  Article 
II,  P.  G.  L.,  Sections  9,  10  and  11. 


THE    CIRCUIT    COURTS. 


Constitution.  —  Article  IV.  —  Part  III. 

The  Provisions  of  the  Constitution  relating  to  the  Circuit  Courts 
are  contained  in  Part  3d  of  Article  4th,  sections  19  to  26,  inclusive. 

Eight  Judicial  Circuits. 

Sec.  19.  The  State  shall  be  divided  into  eight  Judicial  Circuits,  in 
manner  following,  viz.  the  Counties  of  Worcester,  Somerset  and  Dor- 
chester, shall  constitute  the  First  Circuit ;  the  Counties  of  Caroline, 
Talbot,  Queen  Anne's,  Kent  and  Cecil,  the  Second ;  the  Counties  of 
Baltimore  and  Harford,  the  Third ;  the  Counties  of  Allegany  and 
Washington,  the  Fourth ;  the  Counties  of  Carroll,  Howard  and  Anne 
Arundel,  the  Fifth  ;  the  Counties  of  Montgomery  and  Frederick,  the 
Sixth;  the  Counties  of  Prince  George's,  Charles,  Calvert  and  St. 
Mary's,  the  Seventh  ;  and  Baltimore  City,  the  Eighth. 

A   Court  in  each  County — Jurisdiction. 

Sec.  20.  A  Court  shall  be  held  in  each  County  of  the  State,  to  be 
styled  the  Circuit  Court  for  the  County  in  which  it  may  be  held.  The 
said  Circuit  Courts  shall  have  and  exercise,  in  the  respective  Counties, 
all  the  power,  authority  and  jurisdiction,  original  and  appellate, 
which  the  present  Circuit  Courts  of  this  State  now  have  and  exercise, 
or  which  may  hereafter  be  prescribed  by  Law. 

Chief  Judge  and  Two  Associates — Residence — Case  of  Tie — Two 

Terms  a  Tear — Interfnediate  Terms — Special  Terms.  •■ 

Sec.  21.  For  each  of  the  said  Circuits  (excepting  the  Eighth)  there 
shall  be  a  Chief  Judge,  and  two  Associate  Judges,  to  be  styled  Judges 
of  the  Circuit  Court,  to  be  elected  or  appointed,  as  herein  provided. 
And  no  two  of  said  Associate  Judges  shall,  at  the  time  of  their  elec- 
tion, or  appointment,  or  during  the  term  for  which  they  may  have 
been  elected,  or  appointed,  reside  in  the  same  County.  If  two  or  more 
persons  shall  be  candidates  for  Associate  Judge,  in  the  same  County, 
that  one  only  in  said  County  shall  be  declared  elected  who  has  the 
highest  number  of  votes  in  the  Circuit.  In  case  any  two  candidates 
for  Associate  Judge,  residing  in  the  same  County,  shall  have  an  equal 
number  of  votes,  greater  than  any  other  candidate  for  Associate  Judge, 
in  the  Circuit,  it  shall  be  the  duty  of  the  Governor  to  order  a  new 
election  for  one  Associate  Judge;  but  tlie  person  residing  in  any 
other  County  of  the  Circuit  and  who  has  the  next  highest  number  of 
votes  shall  be  declared  elected.  The  said  Judges  shall  hold  not  less 
than  two  terms  of  the  Circuit  Court  in  each  of  the  Counties  comjjos- 
ing  their  respective  Circuits,  at  such  times  as  are  now,  or  may  here- 
after be,  prescribed,  to  which  Jurors  shall  be  summoned  ;  and  in  those 
Counties  where  only  two  sucli  Terms  are  held,  two  other  and  interme- 
diate Terms,  to  which  Jurors  shall  not  be  summoned ;  they  may  alter 


JUDICIARY    DEPARTMENT.  107 

or  fix  the  timos  for  holding  any  or  all  Terms  until  othen\'ise  pre- 
scribed, and  shall  adopt  Rules  to  the  end  that  all  business  not  requir- 
ing the  interposition  of  a  Jury  shall  be,  as  far  as  practicable,  disposed 
of  at  said  internierliate  Terms.  One  Judge,  in  each  of  the  aljove  Cir- 
cuits, shall  constitute  a  quorum  for  the  transaction  of  any  business; 
and  the  said  Judges,  or  any  of  them,  may  hold  Special  Terms  of  their 
Courts,  whenever,  in  their  discretion,  the  business  of  the  several  Coun- 
ties renders  such  Terms  necessary. 

Points  Reserved  to  he  heard  in  Banc — Ri^lit  of  Appeal  Not  Precluded — 

Not  to  Apply  to  Appeals  from  Justices  of  the  PecKe  and 

Certain  Criminal  Cases. 

Sec.  22.  Where  any  Tenn  is  held,  or  trial  conducted,  by  less  than 
the  whole  number  of  said  Circuit  Judges,  nyon  the  decision  or  deter- 
mination of  any  point  or  question,  by  the  Court,  it  shall  be  competent 
to  the  party  against  whom  the  ruling  or  decision  is  made,  upon 
motion,  to  have  the  point  or  question  reserved  for  the  consideration 
of  the  three  Judges  of  the  Circuit,  who  shall  constitute  a  Court  in 
banc  for  such  jjurpose  ;  and  the  motion  for  such  reservation  shall  be 
entered  of  record  during  the  sitting  at  which  such  decision  may  be 
made  ;  and  the  several  Circuit  Courts  shall  regulate,  by  rules,  the  mode 
and  manner  of  presenting  such  points  or  questions  to  the  Court  in 
banc,  and  the  decision  of  the  said  Court  in  banc  shall  be  the  effective 
decision  in  the  premises,  and  conclusive,  as  against  the  party  at 
whose  motion  said  j^oints  or  questions  were  reserved ;  but  such  de- 
cision in  banc  shall  not  preclude  the  right  of  appeal  or  writ  of  error 
to  the  adverse  party,  in  those  cases,  civil  or  criminal,  in  which  appeal, 
or  writ  of  error  to  the  Court  of  Appeals  may  be  allowed  by  Law.  The 
right  of  having  questions  reserved  shall  not,  however,  apply  to  trials 
of  Appeals  from  judgments  of  Justices  of  the  Peace,  nor  to  criminal 
cases  below  the  grade  of  felony,  except  when  the  punishment  is  con- 
finement in  the  Penitentiarj' ;  and  this  Section  shall  be  subject  to 
such  provisions  as  may  hereafter  be  made  by  Law. 

Decisions  in  Two  Months. 

Sec.  23.  The  Judges  of  the  respective  Circuit  Courts  of  this  State, 
and  of  the  Courts  of  Baltimore  City,  shall  render  their  decisions,  in 
all  cases  argued  before  them  or  submitted  for  their  judgment,  within 
two  months  after  the  same  shall  have  been  so  argued  or  submitted. 

Salaries  Not  to  be  Diminished. 

Sec.  24.  The  salary  of  each  Chief  Judge,  and  of  the  Judge  of  the 
Court  of  Appeals  from  the  City  of  Baltimore,  shall  be  three  thousand 
live  hundred  dollars,  and  of  each  Associate  Judge  of  the  Circuit  Court, 
shall  be  two  thousand  eight  hundred  dollars  per  annum,  payable  quar- 
terly, and  shall  not  be  diminished  during  his  continuance  in  office. 

Clerks  to  be  Elected — Removal — Vacancy. 

Sec.  25.  There  shall  be  a  Clerk  of  the  Circuit  Court  for  each  County, 
who  shall  be  elected  by  a  plurality  of  the  qualilied  voters  of  said 
County,  and  shall  hold  his  office  for  six  years  from  the  time  of  his 
election  and  imtil  his  successor  is  elected  and  qualified,  and  be  re- 


108  JUDICIARY   DEPARTMENT. 

eligible,  subject  to  be  removed  for  willful  neglect  of  duty,  or  other  mis- 
demer.uor  in  office,  on  conviction  in  a  Court  of  Law.  In  case  of  a 
vacancy  in  the  office  of  Clerk  of  a  Circuit  Court,  the  Judges  of  said 
Court  eliall  have  power  to  till  such  vacancy  until  the  general  election 
for  Delegates  to  the  General  Assembly,  to  be  held  next  thereafter, 
when  a  successor  shall  be  elected  for  the  term  of  six  years. 

Deputy  ClerTcs. 

Sec.  26.  The  said  Clerks  shall  appoint,  subject  to  the  confirmation 
of  the  Judges  of  their  respective  Courts,  as  many  deputies  under  them, 
as  the  said  Judges  shall  deem  necessary,  to  perform,  together  with 
themselves,  the  duties  of  the  said  office,  who  shall  be  removable  by 
the  said  Judges  for  incompetency,  or  neglect  of  duty,  and  whose  com- 
pensation shall  be  according  to  existing,  or  future,  provisions  of  the 
General  Assembly. 


THE    COURTS    AXD    JUDGES. 

CoKSTiTUTio:;,  Article  XV. 

The  following  general  provisions  of  Article  15th  of  the  Constitu- 
tion, relate  to  the  Courts  and  Judges: 

Continuance  of  the  Courts  until  Superseded. 

Sec.  2.  The  several  courts  existing  in  this  State,  at  the  time  of  the 
adoption  of  this  Constitution,  shall,  until  superseded  under  its  pro- 
visions, continue  with  like  pov>'ers  and  jurisdiction,  and  in  the  exer- 
cise tliereof,  both  at  law  and  in  equity,  in  all  respects,  as  if  this  Con- 
stituaon  had  not  been  adopted ;  and  when  said  courts  shall  be  so  su- 
perseded, all  causes,  then  depending  in  said  courts,  shall  pass  into  the 
jurisdiction  of  the  several  courts,  by  which  they  may  [5e]  resjpectiYcly 
superseded. 

The  Jury  the  Judges  of  the  Law  and  Fact. 

Sec.  5.  In  the  trial  of  all  crimiual  cases  the  jury  shall  be  the  Judges 
of  law  as  well  as  of  fact. 

Right  of  Trial  by  Jury. 

Sf.c.  6.  The  right  of  trial  by  jury  of  all  issues  of  fact  in  civil  pro- 
ceedings in  the  several  courts  of  law  in  this  State,  where  the  amount 
in  controversy  exceeds  the  sum  (jf  five.rf;lollars,  shall  be  inviolably  pre- 
aerved. 

Tcnn  of  Office  of  Judges. 

Sec.  9.  The  tenn  of  office  of  all  Judges  and  other  officers  for  whose 
election  provision  is  made  by  this  Constitution,  shall,  except  in  cases 
otherwise  expressly  provided  hrrein,  commence  from  the  time  of  their 
electicm  ;  and  all  such  officere  shall  qualify  as  soon  after  their  election 
as  ])racticable,  and  shall  enter  upon  the  duties  of  their  respective  offi- 
ces inuiiediately  upon  their  qualiiication  ;  and  the  term  of  otiice  of  the 
State  I.ilnarian  aud  of  the  Conunissioner  of  the  Laud  Office  shall  com- 
mence from  the  time  of  their  ai)pointmeut. 


JUDICIARY     DEPAnTMKNT.  109 

THE  GENERAL  LAWS  RELATING  TO  COURTS. 

The  provisions  of  the  Public  General  Laws,  Article  29,  relating  to 
Courts,  are  as  follows  : 

Bvles  and  Orders. 

Section  1.  The  judges  of  the  several  courts  of  law  and  of  equity, 
may  make  such  rules  and  orders,  from  time  to  time,  for  the  well-gov- 
erning and  regulating  their  respective  courts,  and  the  otllcers  and 
suitors  thereof,  and  under  such  fines  and  forfeitures  as  they  shall  think 
tit,  not  exceeding  twenty  dollars  for  any  one  offence — all  of  which 
fines  shall  go  to  the  State. 

How  Stilts  7nay  he  Dismissed. 

Sec.  2.  The  judges  of  the  several  courts  of  this  State  exercising  civil 
jurisdiction,  shall  prescribe  by  rule  of  court  tlie  manner  in  which  suits 
may  be  dismissed  by  the  jjarties  or  their  attorneys  during  the  recess. 

Privileges. 
Sec.  3.  No  persen  shall  sue  or  be  sued  in  privilege. 

Power  to  Punish  for  Contempts. 

Sec.  4.  The  power  of  the  several  courts  of  this  State  to  issue  attach- 
ments, and  inflict  summary  punishments  for  contempts  of  court,  sliall 
not  be  construed  to  extend  to  any  cases  excejat  the  misbehavior  of  any 
person  or  persons  in  the  presence  of  the  said  courts,  or  so  near  thereto 
as  to  obstruct  the  administration  of  justice;  or  the  misbehavior  of 
any  of  the  officers  of  the  said  courts  in  their  official  transactions  ;  or 
the  disoliedience  or  resistance  by  any  officer  of  the  said  courts,  party, 
juror,  witness,  or  any  other  person  or  ])ersons  to  any  lawful  writ,  pro- 
cess, order,  rule,  decree  or  command  of  the  said  courts. 

The  Clerh  May  Adjotirn  the  Court  from  Day  to  Day. 

Sec.  5.  In  case  of  the  absence  of  the  judge  of  any  court,  (except  the 
Court  of  Appeals,)  the  clerk  may  adjourn  the  court  from  day  to  day  ; 
or  he  may  by  written  order  from  the  judge,  adjourn  the  court  to  the 
next  term  thereof,  or  to  such  other  day  before  the  next  term  as  by  said 
order  he  may  be  directed. 

Judgment  ly  Confession  Entered  during  Recess. 

Sec.  6.  Any  judge  in  the  recess  of  his  court,  may  order  his  clerk  to 
enter  a  judgment  by  confession  with  the  assent  of  the  parties  or  their 
attorneys,  in  writing,  which  shall  be  tfled  with  the  order  of  the  judge, 
and  a  judgment  so  entered  shall,  from  the  date  of  its  entry  by  the 
clerk,  have  the  same  eftect  as  if  entered  during  the  session  of  the  court. 

Appointment  of  Assistant  Counsel. 

Sec.  7.  The  Circuit  Courts  for  the  several  counties  and  the  Criminal 
Court  of  Baltimore,  may  ajjpoint  assistant  counsel  for  the  State' to  aid 
in  the  trial  of  criminal  or  other  State  cases  in  said  courts,  whenever 
in  the  judgment  of  the  court  in  which  any  such  case  is  pending,  the 
public  interest  requires  it. 


110  JUDICIARY  DEPARTMENT. 

Payment  of  Assistant  Counsel. 

Sec.  8.  The  county  commissioners  of  the  several  counties,  and  the 
Mayor  and  City  Council  of  Baltimore,  shall  levy  and  pay  such  sum  as 
in  their  judgment  will  be  an  adequate  compensation  for  the  services 
rendered  by  such  assistant  counsel ;  Provided,  the  simi  levied  and  paid 
in  any  single  case,  shall  not  exceed  one  hundred  dollars. 

Appointment  of  Auditors. 

Sec.  9.  In  all  actions  brought  in  any  court  founded  on  account,  or 
in  which  it  may  be  necessary  to  examine  and  determine  on  accounts 
between  the  parties,  the  court  may  order  the  accounts  and  dealings 
between  the  parties  to  be  audited  and  stated,  by  an  auditor  or  audi- 
tors, to  be  ajipointed  by  such  court,  and  there  shall  be  the  same  pro- 
ceedings thereon  as  in  cases  of  actions  of  account. 

Appointment  of  Surveyor. 

Sec.  10.  In  any  case  pending  in  any  court  where  it  is  necessary  to 
lay  out  and  locate  any  lands  where,  upon  the  api^lication  of  either 
party  to  such  suit,  the  court  shall  be  of  opinion  that  the  county  sur- 
veyor is  in  any  manner  interested  or  prejudiced  against  either  of  the 
parties,  or  if  either  of  the  parties  shall  make  oath  that  he  believes  the 
county  surveyor  is  interested  or  prejudiced,  the  court  may  appoint 
some  competent  person  to  lay  out,  locate  or  survey  said  lands. 

Oath  Reqtdred. 

Sec.  11.  The  person  so  apiDointed,  before  he  proceeds  to  act,  shall 
take  an  oath  before  some  justice  of  the  jDcace  that  he  will  faithfully, 
without  favor,  afl'ection  or  prejudice,  perform  the  service  for  which  he 
was  api^ointed  by  the  court;  which  oath  shall  be  certified  by  the  jus- 
tice, and  shall  accompany  such  return  as  the  surveyor  shall  make  to 
the  court  in  the  case. 

Feea  of  Special  Surveyor. 

Sec  12.  The  person  so  appointed  shall  receive  such  feea  aa  ai»e 
allowed  by  law  to  the  county  surveyor  for  like  services. 

Inspection  of  Records. 

Sec.  13.  It  shall  be  the  duty  of  the  judges  of  the  several  courts  of 
law  and  equity,  at  every  term,  to  inspect  the  records  and  papers  of  the 
offices  attached  to  their  respective  courts,  relating  to  lands,  tenements, 
or  other  real  estate,  and  examine  the  condition  thereof,  and  see  whether 
the  clerk  of  such  court  has  iDerformed  the  duties  required  of  him  by 
law,  relating  to  the  recording  of  judgments,  decrees,  executions  and 
proceedings,  and  whether  he  has  entered  and  transcribed  the  docket 
entries  as  required  by  law.  And  if  it  should  apjiear  on  such  examina- 
tion, that  any  of  the  records  have  become  so  dilapidated  and  worn  as 
to  retiuire  them  to  be  transcribed,  he  shall  order  and  direct  the  clerk 
to  traiiscrilje  the  same  into  new  record  books,  which  the  clerk  shall 
procnire  for  that  purpose  ;  and  such  new  records,  when  so  transcribed, 
sliall  l)e  eurefully  examined  and  certified  by  said  clerk,  and  when  so 
e.xamined  and  certified,  shall  be  substituted  for.  and  become  the  re- 
cords of  said  court  in  lieu  of  the  worn  out  records ;  and  the  Mayor, 
and  City  Council  of  the  city  of  Baltimore,  and  the  county  commission- 
ers of  the  several  counties  respectively,  shall  Levy  such  sum  of  money 
as  they  shall  deem  a  fair  compensation  for  the  labor  of  the  clerk  in 
making  such  new  records. — IbGG,  ch.  26. 


CIRCUIT   COURTS.  Ill 

Judgments. 

Sec.  14.  The  court  shall  give  judgment  in  all  actions  according  to 
the  very  right  of  the  cause  and  matter  in  law  shall  appear  to  them, 
■without  regarding  any  matters  of  mere  form,  so  as  sufficient  matter 
shall  appear  in  the  proceedings,  upon  which  the  court  sliall  proceed 
to  give  judgment,  and  that  it  shall  ap])ear  that  the  action  has  been 
commenced  after  the  cause  thereof  shall  accrue. 

JudgmenU  to  Carry  Interest. 

Skc.  15.  All  judgments  by  confession  on  verdict,  or  by  default, 
shall  be  so  entered  as  to  carry  interest  from  the  time  they  were  ren- 
dered. 

Interlocutory  Judgments  When  and  How  Extended. 

Sec  15.*  All  judgments  confessed  on  terms  to  be  filed,  and  all  judg- 
ments confessed  without  fixing  the  amount  of  the  same,  and  where  no 
cause  of  action  is  filed  by  which  said  amount  may  be  ascertained, 
shall  be  considered  interlocutory  judgments,  and  the  court  shall  on 
:r.otion  of  the  plaintiff  or  his  attorney,  at  any  term  subsequent  to  the 
entry  of  any  such  confession  of  judgment,  order  an  inquisition  or 
cause  the  judgment  to  be  extended,  as  in  other  cases  of  interlocutory 
judgments,  or  as  upon  a  judgment  by  default.— 1864,  ch.  311. 

When  Execution  May  Issue. 

£ec.  16.  On  all  judgments  an  execution  may  issue  at  any  time 
within  three  years  after  the  date  of  such  judgment,  or  if  there  be  a 
st^y  thereon,  at  any  time  within  three  years  after  the  expiration  or 
removal  of  such  stay,  where  there  has  been  no  change  of  jjarties  to 
such  ju<lgments,  by  death  or  by  marriage,  but  executions  by  way  of 
attachment,  may  issue  at  any  time  within  twelve  years  from  the  date 
of  said  judgment,  and  if  more  than  three  years  have  elapsed  after  the 
date  of  the  judgment,  or  expiration,  or  removal  of  the  stay  thereon, 
the  said  attachments  shall  be  subject  to  the  same  defences  by  the  de- 
fendant as  in  cases  of  scire  facias,  and  in  cases  of  the  death  or  marriage 
of  any  plaintifi",  the  executor,  administrator,  or  other  person,  who  shall 
be  entitled  to  such  judgment,  shall,  on  application  to  the  clerk  of  the 
court,  or  justice  of  the  peace  having  control  of  the  docket  whereon 
such  judgment  may  have  been  entered,  be  made  parties  to  the  same 
and  have  attachments  or  other  execution,  as  if  no  such  death  or  mar- 
riage had  taken  place;  and  in  all  such  judgments,  the  plaintiff  may 
have  more  than  one  attachment,  or  other  execution  to  be  laid  in  the 
hands  of  different  persons,  or  levied  on  othor  property  or  effects  than 
that  taken  under  the  first,  though  the  first  be  still  outstanding;  Pro- 
vided, that  but  one  satisfaction  of  the  debt  or  demand  shall  be  made, 
and  that  it  shall  be  in  the  discretion  of  the  court  in  all  such  cases, 
whether  any  costs,  or  if  any,  what  amount  of  costs  shall  be  allowed  on 
the  subsequent  attachment  or  other  execution. — 1862,  ch.  262. 

Stay  of  Execution. 

Sec.  17.  If  a  stay  of  execution  be  entered  on  the  docket  at  the  time 
of  the  rendition  of  the  judgment,  or  if  a  judgment  be  stayed  by  injunc- 
tion, supersedeas,  appeal,  or  writ  of  error,  an  execution  may  issue  at 
8 


112  JUDICIARY   DEPARTMENT. 

any  time  within  three  years  after  the  expiration  or  removal  of  such 
stay,  but  iu  no  case  whatever  shall  the  period  during  whicli  any  stay 
law  heretofore  passed,  or  hereafter  to  be  passed,  may  have  been,  or  may 
be  in  force,  be  computed  as  part  of  said  three  years. — Ibid. 

Judgment  Against  Meinbers  of  a  Partnership. 
Sec.  18.  A  judgment  rendered  against  one  or  more  members  of  a 
partnership,  or  one  or  more  persons  jointly  liable  on  any  bill,  bond, 
covenant,  promissory  note,  bill  of  exchange,  contract  or  agreement 
whatsoever,  less  than  the  whole  number  of  partners  or  persons  so 
bound,  shall  not  work  an  extinguishment  or  merger  of  the  cause  of 
action  ou  which  such  judgment  may  have  been  rendered,  as  respects 
tie  liability  of  the  partners  or  persons  not  bound  by  such  judgment ; 
and  they  shall  remain  liable  to  be  sued  as  if  their  original  responsi- 
bility had  been  joint  and  several ;  Provided^  that  but  one  satisfaction 
of  the  debt  or  demand  shall  be  made. 

Primlege  of  Siiperseding. 

Sec.  19.  Upon  all  judgments  rendered  at  the  second  term  after  the 
defendant  has  been  summoned,  the  defendant  shall  be  entitled  to  a 
stay  of  execution  until  the  first  Thursday  of  the  ensuing  term,  with 
the  ijrivilege  of  superseding  the  same  in  the  manner  allowed  by  law, 
at  any  time  within  two  months  after  the  expiration  of  said  stay,  and 
with  the  power  of  prosecuting  an  appeal  or  suing  forth  a  writ  of  error, 
as  authorized  by  law. 

Inefficient  Assets. 

Sec.  20.  If  an  administrator  conceives  that  he  has  not  assets  suffi- 
cient to  discharge  the  claim,  or  any  part  thereof,  for  which  a  suit  shall 
be  brought  against  him,  he  may  plead  the  fact,  and  a  trial  by  jury  shall 
be  thereupon  had. 

How  Judgment  shall  he  Entered. 

Sec.  21.  If,  on  any  trial  so  had  against  an  administrator,  the  debt 
or  demand  of  the  plaintiff  shall  be  contested,  and  there  be  any  other 
issue  joined  than  upon  the  subject  of  assets,  the  jury,  if  they  find  for 
the  i)iaintiff  upon  the  issue  so  joined,  and  the  amount  of  assets  found 
by  them  be  less  than  the  debt  or  demand  of  the  plaintiff,  shall  de- 
clare the  amount  of  the  debt  or  demand,  and  also  the  sum  to  be 
paid  l)y  the  defendant  to  the  plaintiff,  regard  being  had  to  the  amount 
of  the  assets  in  hand,  and  the  debts  due  from  the  deceased ;  and  the 
court  shall  thereupon  enter  judgment  against  the  defendant  for  the 
penalty  of  the  bond  or  damages  laid  in  the  plaintiff's  declaration  and 
costfi  of  suit,  if  the  court  shall  so  direct,  to  he  released  upon  payment 
ol'tlie  sum  ascertained  to  be  paid  by  the  verdict  of  the  jury  and  inter- 
est thereon,  fi'om  the  time  of  rendering  the  said  judgment. 

How  Sum  Ascertained  shall  be  Levied. 

Sec.  22.  The  sum  so  ascertained  shall  be  levied  of  the  goods  and 
cluittels  of  the  deceased,  or  of  the  pro])er  goods  and  chattels  of  the 
defendant,  and  the  residue  of  the  debt  or  damages  so  ascertained, 
shall  be  levied  of  the  goods  and  chattels  of  tlie  deceased,  which  may 
tJicrcfd'ter  come  to  the  hantls  of  the  defendant,  to  be  administered  with 
interest  us  aforesaid,  or  of  the  proper  goods  and  chattels  of  the 
defendant. 


CIllCUIT    COUKTS.  113 

WTien  Plaintiff  ma/y  Issve  Scire  Farias. 

Sec.  23.  If  such  goods  and  chattels  shall  tliereafter  come  to  the 
Lands  of  the  defendant  as  administrator,  or  into  the  hands  of  any 
other  person  who  may  have  authority  to  administer  the  goods  of  the 
deceased,  the  ])laintiif  may  issue  on  the  said  judgment  a  writ  of  xcire 
facias,  suggesting  the  coming  of  assets  to  the  hands  of  the  administra- 
tor, liable  to  the  payment  of  the  residue  of  his  debt  or  demand,  with 
interest  as  aforesaid,  so  due,  upon  whicli,  if  the  defendant  contests  the 
same,  there  shall  be  a  trial  by  jury,  as  provided  in  Section  20  aforesaid. 

Liens  on  Leasehold  Estates. 

Src.  24.  Every  judgment  hereafter  to  be  rendered  by  any  of  the 
courts  of  law  of  this  State,  shall  be  and  constitute  a  lien  to  the  amount 
and  from  the  date  thereof,  upon  all  leasehold  interests  and  terms  for 
years,  of  the  defendants,  on  land,  except  leases  from  year  to  year,  and 
leases  for  terms  of  not  more  than  five  years,  and  not  renewable,  to  the 
same  extent  and  efiect  as  liens  are  now  created  by  judgment  upon  real 
estate.— 18G1,  ch.  70. 

[The  intervening  Sections  relate  to  the  Court  of  Appeals,  which  see.] 

Powers  and  Jurisdiction  of  Circuit  Courts. 

Sec.  44.  The  Circuit  Courts  for  the  several  counties  are  the  highest 
common  law  courts  of  record  and  original  jurisdiction  within  this 
State,  and  each  has  full  common  law  powers  and  jurisdiction  in  all 
civil  and  criminal  cases  within  its  county,  (except  where  by  law  the 
jurisdiction  has  been  taken  away  or  conferred  upon  another  tril'unal,) 
and  all  the  additional  powers  and  jurisdiction  given  by  the  Consti- 
tution and  by  law. 

Circuit  Judges  May  Make  Orders  at  Common  Law  at  any 
place  in  their  Circtdt,  &c. 

Sec.  45.  That  each  of  the  Circuit  Judges  of  the  counties,  or  Judi- 
cial Circuits,  as  now  laid  oil',  constituted  and  designated  liy  the 
present  Constitution,  may  make  orders  at  common  law  at  any  place  in 
their  circuit,  to  take  efiect  in  any  part  of  their  circuit,  and  may  require 
in  writing  the  original  papers  in  any  case,  or  abstracts  and  transcripts 
to  be  produced  before  them  or  either  of  them,  wherever  they  or  either 
of  them  may  be  in  their  circuit;  and  in  all  criminal  cases  tried  in  the 
term  time  of  said  courts,  in  which  the  accused  has  been  allowed  to 
give  bail  by  the  court,  but  the  session  whereof  adjourned  or  concluded 
before  the  accused  procure  bail ;  it  shall  be  the  duty  of  the  aforesaid 
court  or  courts,  to  pass  an  order  prior  to  adjournment,  directing  the 
clerk  of  the  said  Circuit  Court,  in  the  absence  of  all  the  judges  from 
the  court,  in  whicli  the  case  may  have  arisen,  to  take  tlae  bail  pre- 
viously fixed  by  the  said  court,  upon  condition  that  the  party  offer- 
ing to  become  security  shall  swear  or  affirm,  as  the  case  may  lie,  that 
he  is  worth  the  amount  of  the  bail  in  real  or  personal  estate,  and 
further,  the  clerk  must  be  satisfied  of  the  verity  of  said  affidavit  or 
affirmation. — 18G8,  ch.  52. 

Relief  to  Sheriffs  and  Collectors. 

Sec.  46.  On  application  by  petition  in  writing  to  the  several  Circuit 
Courts,  or  Circuit  Judges  of  the  Supreme  Court  of  Baltimore  city,  of 
anv  sherifi"  or  collector  of  the  county  and  State  taxes,  or  either  of  them, 


114  JUDICIARY   DEPARTMENT. 

who  has  failed  or  neglected  to  collect  any  taxes  or  fees  within  the 
time  prescribed  by  law,  the  court  or  judge  may,  on  such  terms  as 
they  may  prescribe,  by  an  order,  extend  the  time  of  such  sherifi"  or 
collector  to  complete  his  collections;  which  extension  may  be  re- 
newed as  may  be  deemed  reasonable  ;  and  the  said  petition  and  orders 
shall  be  iiled  in  the  oflice  of  the  clerk  of  the  Circuit  Court  or  Superior 
Court,  where  such  apjjlication  is  made. 

The  Belief  may  ie  Extended  to  Trustees,  c6c. 

Sec.  47.  The  courts  and  judges  aforesaid  may  grant  the  relief  and 
extension  provided  in  the  preceding  section,  in  favor  of  sherifl's  and 
collectors,  to  the  securites,  executors,  administrators,  or  trustees,  or 
sheriffs  and  collectors,  who  may  respectively  succeed  to  these  rights 
and  duties. 

Comptroller  to  he  Notified. 

Sec.  48.  The  said  courts  and  judges  may,  in  their  discretion,  re- 
quire the  pai-ty  aj^plying  for  such  relief,  to  serve  notice  on  the  Comp- 
troller and  County  Commissioners,  or  on  either  of  them,  according  to 
the  character  of  the  taxes  represented  to  be  in  arrears  previous  to  pass- 
ing a  final  order  on  such  application. 

Sec.  49.  Nothing  contained  in  the  three  last  preceding  Sections, 
shall  prevent  or  delay  the  enforcement  by  the  Comptroller,  County 
Commissioners,  or  others  interested,  of  their  rights  and  remedies. 

[The  intervening  Sections  from  50  to  72,  relate  to  the  Courts  of  Bal- 
timore city,  which  see  under  the  heading  of  "Baltimore  City."] 


APPOINTMENT    OF    SPECIAL    JUDGES. 

Article  29,  Sections  72  to  81,  inclusive,  of  the  Public  General  Laws, 
entitled  "Courts,"  provides  for  special  judges  in  certain  eases,  as 
follows : 

When  Judges  are  Disqualified. 

Sec.  72.  If  the  judge  of  any  Circuit  Court,  or  any  court  in  Baltimore 
city,  is  connected  with  a  i)arty  in  controversy  by  consanguinity  or 
affinity  within  the  fourth  degree,  counting  down  from  the  common 
ancestor  to  the  more  remote,  he  shall  be  disqualified  from  sitting  in 
such  cause,  nor  shall  he  sit  in  any  cause  wherein  he  may  be  interested, 
or  in  which  he  shall  have  been  of  counsel,  nor  in  any  case  wherein  his 
opinion  it  would  be  improper  for  him  to  sit,  by  reason  of  his  relation 
to,  or  connection  with  any  of  the  parties  to  such  cause,  and  where 
any  judge  is  so  disqualified,  a  special  judge  shall  be  appointed  in 
Viis  i^lace,  in  the  manner  herein  provided. 

Special  Judge  to  he  Appointed. 

Sec,  73.  Whenever  the  judge  of  any  Circuit  Court,  or  of  any  court 
in  the  city  of  Baltimore,  shall  be  disqualified  by  any  of  the  causes 
aforesaid,  from  sitting  in  any  cause,  civil  or  criminal,  or  in  any  case 
or  i^roceoding  pending  in  his  court,  (cases  in  equity  excepted,)  the 
clerk  of  the  court,  unless  the  parties  to  such  cause  or  proceeding,  by 
consent,  shall  a])])oint  a  jierson  to  try  the  same  within  two  months 
after  the  announcemcuxt  of  the  disquuliiicatiou  of  the  judge,  shall 


CrRCUIT   COURTS.  115 

notify  such  disqualification  to  any  judge  of  the  Court  of  Appeals,  who 
shall  forthwith  ai^point  a  proi)er  person  as  a  special  judge  to  try  the 
same ;  and  the  jierson  so  appointed  shall  proceed  to  the  trial  thereof 
at  tlie  next  regular  term  of  said  court,  after  his  appointment,  and  at 
such  time  during  the  term  of  said  court,  as  the  judge  thereof  may  not 
l)e  engaged  in  the  trial  of  any  cause  or  proceeding  in  his  said  court, 
and  for  the  purpose  of  such  trial  he  shall  have  all  the  power  and 
authority  pertaining  to  the  judge  of  said  court. 

To  he  Appointed  Immediately  in  Certain  Cases. 

Sec.  74.  Whenever  the  judge  of  any  Circuit  Court  shall  be  disqual- 
ified as  aforesaid,  from  sitting  in  any  equity  cause  or  causes  pending 
in  his  court,  the  clerk  of  the  court,  unless  the  parties  by  consent  shall 
appoint  a  person  to  try  the  same  within  one  month  after  the  announce- 
ment of  such  disqualification,  shall  certify  such  disqualification  to  any 
judge  of  the  Court  of  Appeals,  who  shall  forthwith  appoint  a  person 
its  special  judge,  to  try  such  causes,  and  the  person  so  appointed,  shall 
proceed  to  act  therein  until  their  final  settlement,  in  the  same  manner  as 
tlie  judge  of  the  said  court  could  have  acted  but  for  such  disqualifica- 
tion, and  in  case  any  of  the  parties  to  any  such  cause  are  infants,  or 
otherwise  incompetent  to  consent  to  the  appointment  of  a  person  to 
try  the  same,  then  the  notification  and  appointment  of  special  judge, 
as  before  directed,  shall  be  made  immediately,  and  in  like  manner  the 
notification  and  appointment  of  a  special  judge,  shall  be  made  imme- 
diately, whenever  any  such  judge  shall  be  disqualified  as  aforesaid,  to 
sit  or  act  in  any  case  of  an  application  for  an  injunction  or  the  ap- 
pointment of  a  receiver. 

Clerh  to  Transmit  Papers,  &€. 

Sec.  75.  If  either  ofthe  judges  of  the  courts  of  Baltimore  city,having 
equity  jurisdiction,  shall  be  disqualified  as  aforesaid,  to  sit  in  any  cause 
in  equity  pending  in  his  court,  the  clerk  of  the  court  where  the  case 
is  pending,  unless  the  parties  thereto,  by  consent,  shall  appoint  a 
person  to  try  the  same  within  one  month  after  the  announcement  of 
such  disqualification,  shall  transmit  all  the  papers  in  the  case,  with  a 
copy  ofthe  docket  entries  to  the  other  court,  the  judge  whereof  shall 
try  die  same  as  if  it  had  been  instituted  in  his  court,  but  in  cases  for 
an  injunction  or  the  appointment  of  a  receiver,  the  clerk  of  the  court 
where  the  same  is  pending,  immediately  upon  the  announcement  of 
the  disqualification  of  the  judge,  shall  notify  the  judge  of  the  other 
court,  having  equity  jurisdiction,  who  shall  try  the  case  and  act 
therein,  as  if  it  had  been  instituted  in  his  court. 

In  Cases  of  Non- Residence. 

Sec.  76.  If  any  of  the  defendants  in  any  equity  cause  wherein  the 
judge  shall  be  disqualified  as  aforesaid,  are  non-residents,  and  shall 
not  appear  in  compliance  with  an  order  of  publication  within  ten 
days  after  the  time  fixed  by  said  order  for  their  appearance,  the  clerk 
shall  certify  the  fact  of  their  not  appearing,  and  the  disqualification 
of  the  judge,  to  any  judge  ofthe  Courtof  Appeals,  if  the  case  be  pend- 
ing in  any  ofthe  Circuit  Courts,  who  shall  appoint  a  proper  person  as 
a  special  judge,  to  try  the  same  as  directed  in  the  preceding  sections ; 


116  JUDICIARY  DEPARTMENT. 

and  if  the  case  be  pending  in  either  of  the  courts  of  Baltimore  city 
having  equity  jurisdiction,"the  clerk  thereof  shall  certify  the  fact  of 
such  non-appearance  and  disqualification,  and  transmit  the  papers  in 
the  case  with  a  copy  of  the  docket  entries,  to  the  otlier  court,  the 
judge  whereof  shall  try  the  case  as  if  it  had  been  instituted  in  his 
court. 

In  Case  of  SicTcTiess  of  Judge. 

Sec.  77.  Whenever  a  judge  of  any  Circuit  Court,  or  of  any  of  the 
courts  of  Baltimore  city  shall  be  unable,  by  reason  of  sickness  or  any 
other  cause,  to  hold  any  regular  law  or  equity  term  of  his  court,  or  to 
sit  in  any  cause  or  causes,  civil  or  criminal,  pending  in  his  court,  it 
shall  be  the  duty  of  the  clerk  of  such  court  to  certify  said  inaljility, 
and  the  cause  thereof,  to  any  judge  of  the  Court  of  Appeals,  who  on 
the  receipts  of  such  certificate,  shall  ajspoint  a  proper  person  as  a  spe- 
cial judge,  to  hold  such  term,  and  try  all  cases  in  said  court,  whether 
civil  or  criminal,  which  by  the  rules  thereof,  are  or  may  be  ready  for 
trial  at  such  term,  and  any  special  judge  so  appointed,  shall  have  full 
power  to  summon  grand  and  petit  jurors,  and  to  do  all  things  neces- 
sary to  the  holding  of  such  term  or  the  trial  of  such  causes. 

Vacancies  to  he  Filled. 
Sec.  78.  If  any  special  judge  shall  die,  resign,  or  refuse  to  act, 
another  may  be  appointed  in  his  place,  and  appointments  may  be 
made  until  a  judge  shall  be  procured  who  will  act. 

Staters  Attorney  may  Consent  to  an  Appointment. 

Sec.  79.  In  all  cases  in  which  the  State  shall  be  a  party  to  a  cause, 
the  State's  Attorney,  for  the  county  or  city  in  which  the  case  may  be 
for  trial,  may  consent  for  and  on  hehalf  of  the  State,  to  the  appoint- 
ment of  a  person  to  try  the  same. 

Special  Judge  to  Talce  Oath. 

Sec.  80.  Every  person  who  shall  be  appointed  a  special  judge,  im- 
der  any  of  the  aforesaid  provisions,  before  he  acts  as  such,  shall  take 
an  oath  before  the  clerk  of  the  court,  that  he  will  try  the  cases  that  he 
is  appointed  to  try,  without  partiality  or  prejudice,  to  the  best  of  his 
ability,  which  oath  shall  be  entered  by  the  clerk  on  his  test  book,  and 
signed  liy  the  judge  taking  the  same,  but  if  the  judge  appointed  to 
try  any  eriuity  case,  does  not  reside  in  the  county  in  which  the  Circuit 
Court  is  held,  where  said  case  is  pending,  he  may  take  such  oath  before 
the  clerk  of  the  county  in  the  county  where  such  special  judge  resides, 
which  oath  shall  be  signed  by  him,  and  filed  in  the  cause,  before  he 
proceeds  to  act  in  or  try  the  same. 

Compensation. 

Sec.  81.  Every  person  appointed  a  special  judge,  under  any  of  the 
aforegoing  provisions,  shall  be  allowed  ten  dollars  per  day,  for  every 
day  lie  shall  ])e  necessarily  engaged  in  hearing,  trying,  continuing,  or 
otherwise  disposing  of  such  cause  or  causes  as  he  may  be  appointed  to 
try,  and  ten  cents  i)cr  mile  for  every  mile  he  shall  travel  by  the  usual 
route  in  going  to  and  returning  from  the  place  where  such  cause  or 
causes  may  be  iox  trial,  the  said  per  diem  and  mileage  to  be  paid  out 
of  the  Treasury. 


CIKCUIT   COURTS.  117 

Proceedings  to  Condemn  Lands. 
Sec.  82.  In  all  cases  of  proceedings  to  condemn  lands,  for  any  ])vu- 
pose  whatever,  under  any  law  or  charter,  upon  the  return  and  ratifi- 
cation of  the  inquisition  by  the])ro])er  court,  and  in  all  cases  in  which 
inquisitions  may  have  been  heretofore  returned  and  ratified,  the  said 
court  shall  render  a  judgment  against  the  persons  or  corporation  for 
whose  use  the  condemnation  may  be  so  made,  in  favor  of  the  owners 
named  in  the  requisition,  for  tlie  amount  of  the  damages  awarded  by 
the  jury,  and  unless  within  ninety  days  after  condemnation  ratified, 
the  same  shall  be  abandoned  by  written  notification  to  said  owners, 
execution  may  immediately  thereafter  issue  on  said  judgment,  as  in 
other  cases  of  judgments  rendered  in  courts  of  law. — 1870,  ch.  371. 

May  Change  the  Name  of  a  Person. 
The  Act  of  1868,  ch.  311,  gives  the  power  to  the  Circuit  Courts  of 
the  counties,  and  the  Circuit  Court  of  Baltimore  city,  to  change  the 
name  of  any  person  upon  petition  therefor,  &c. 

[The  judges  have  also  powers  and  jurisdiction  in  connection  with 
the  entire  civU  and  criminal  law  of  the  State,  and  at  common  law.] 


THE    CIRCUIT    COURT    BAILIFFS. 

The  bailiffs  of  the  Circuit  Courts  are  appointed  by  the  judges,  under 
Article  4,  Section  9,  of  the  Constitution.  Their  compensation  is  fixed 
by  Article  38,  Section  30,  of  the  Public  General  Laws,  as  follows : 

Pay  of  Court  Bailiffs. 

Art.  38,  Sec.  30.  Every  bailiff  attending  the  Circuit  Courts  in  the 
counties  in  this  State,  shall  be  entitcd  to  the  sum  of  two  dollars  and 
fifty  cents  for  each  day  he  shall  attend  the  said  courts,  and  upon  the 
certificate  of  the  clerks  of  said  courts,  stating  the  number  of  days  that 
the  said  bailiffs  have  attended  the  said  courts,  the  county  commis- 
sioners of  the  several  counties  shall  levy  for  the  use  of  the  said  bailiffs, 
the  amounts  that  may  be  due  them.  The  provisions  of  this  act  shall 
apply  to  Baltimore  county. — 1867,  ch.  250. 


THE  CLEEKS  OP  THE   CIRCUIT   COURTS,  &c. 


Constitution. — Article  IV,  Sections  10,  25  and  26. 


The  following  provisions  of  the  Constitution  relate  to  the  clerks  erf 
the  Circuit  Courts,  &c. : 

Election — Removal —  Vamncy, 

Art.  4,  Sec.  25.  There  shall  be  a  clerk  of  the  Circuit  Court  for  each 
county,  who  shall  be  elected  by  a  plurality  of  the  qualified  voters  of 
said  county,  and  shall  hold  his  office  for  six  years  from  the  time  of  his 
election,  and  until  his  successor  is  elected  and  qualified,  and  be  re- 
eligible,  subject  to  be  removed  for  willful  neglect  of  duty,  or  other 
misdemeanor  in  offi-ce,  on  conviction  in  a  court  of  law.  In  case  of  a 
vacancy  in  the  office  of  clerk  of  a  Circuit  Court,  the  judges  of  said 
court  shall  have  jjower  to  fill  such  vacancy  until  the  general  election 
for  delegates  to  the  General  Assembly,  to  be  held  next  thereafter,  when 
a  successor  shall  be  elected  for  the  tenu  of  six  years. 

ClerTcs  may  Appoint  Deputies^  Suhject  to  Removal  7>y  Judges. 
Art.  4,  Sec.  26.  The  said  clerks  shall  appoint,  subject  to  the  con- 
firmation of  the  judges  of  their  respective  coui-ts,  as  many  deputies 
under  them,  as  the  said  judges  shall  deem  necessary,  to  perform, 
together  with  themselves,  the  duties  of  the  said  office,  who  shall  be 
removable  by  the  said  judges  for  incompetency,  or  neglect  of  duty, 
and  whose  compensation  shall  be  according  to  existing,  or  future  pro- 
visions of  the  General  Assembly. 

Clerhi'  Duties  and  Fees — Visitorial  Power  of  Judges — 
Rules  for  the  Clerics. 

Art.  4,  Sec.  10.  The  clerks  of  the  several  courts,  created,  or  con- 
tinued hj  this  Constitution,  shall  have  cliarge  and  custody  of  the  re- 
cords and  other  jjapers,  shall  perform  all  the  duties,  and  be  allowed 
the  fees,  which  appertain  to  their  several  offices,  as  the  same  now  are, 
or  may  hereafter  be,  regulated  by  law.  And  the  office  and  business  of 
said  clerks,  in  all  their  dcparments,  shall  be  sul)iect  to  the  visitorial 
power  of  tlie  judges  of  their  respective  courts,  wlio  shall  exercise  the 
same,  from  time  to  time,  so  as  to  insure  the  faithful  performance  of 
the  duties  of  said  offices  ;  and  it  shall  be  the  duty  of  the  judges  of  said 
courts  respectively,  to  make,  from  time  to  time,  such  rules  and  regu- 
lations as  may  be  necessary  and  proper  for  the  government  of  said 
clerks,  and  for  the  performance  of  the  duties  of  their  offices,  which 
shall  have  the  force  of  law,  until  repealed,  or  modified  by  the  General 
Assembly. 


DUTIES  OF   CLERKS   OF   CIRCUIT   COURTS  UNDER 
THE   GENERAL    LAWS. 

The  following  are  the  provisions  under  the  Corlc  of  Public  General 
Laws,  Article  iS,  relating  to  the  duties  of  the  clerks  of  the  Circuit 
Courts: 


CIRCUIT   COURTS.  119 

Custody  of  all  Books  and  Papers,  tfic 

Section  1.  Every  clerk  shall  have  the  custody  of  the  books  and 
papers  pertaining  to  his  office,  and  shall  carefully  keep  and  preserve 
the  same;  he  shall  file  all  papers  delivered  to  him  to  be  filed,  and 
shall  record  all  judgments,  decrees,  deeds  and  ■writings,  which  by  law 
are  required  to  be  recorded  in  the  office  of  which  he  is  clerk  ;  he  shall 
issue  all  writs  and  process,  which  by  law  may  be  issued  from  the 
court  of  which  he  is  clerk ;  he  shall  give  a  copy  of  any  jiaper  or  record 
in  his  office  to  any  person  aj)])lying  for  the  same,  upon  being  paid  tlie 
usual  fees  for  transcribing  such  paper  or  record,  and  shall  annex 
thereto  his  certificate,  under  the  seal  of  his  court  if  required;  he  shall 
make  proper  entries  of  all  the  proceedings  in  the  court  of  which  he 
is  clerk,  and  all  entries  and  records  shall  be  made  in  a  fair,  legible 
hand,  in  well  bound  books  j^rocurcd  by  him  for  that  purpose ;  and 
shall  perform  all  the  duties  required  of  him,  or  which  may  hereafter 
be  required  of  him,  by  law. 

Slmll  Attend  Office  Every  Day  diet  Sunday  in  Person,  or  hj  Deputy. 

Sec.  3.  Every  clei-k  shall  attend  .at  his  office  for  the  transaction  of 
the  business  thereof,  every  day,  except  Sundays,  either  in  person  or 
by  de2)uty,  unless  preve-nted  by  sickness,  accident  or  necessity. 

No  Cleric  shall  Deliver  any  Blank   Writ. 

Sec.  3.  No  clerk  of  any  court  of  this  State  shall  deliver  to  any  at- 
torney, sheriff  or  other  person,  any  blank  writ  whatsoever ;  and  any 
clerk  so  offending  shall  be  subject  to  a  penalty  of  one  hundred  dolkirs. 

Shall  Dispose  of  all  Books,  &c.,  sent  him. 

Sec.  4.  Every  clerk  shall  recive  all  books,  documents,  ptiblic  letters 
and  packages  sent  to  him  pursuant  to  law,  and  shall  carefully  dispose 
of  them  as  the  law  requires. 

Executions  and  Attachments. 
Sec.  5.  The  clerk  of  any  of  the  courts  of  this  State  may  issue  an 
execution  on  judgment  or  decree  directed  to  the  sherifi"  of  another 
county,  whetlier  a  return  oi  nulla  lona  to  a  writ  of  execution  issued  to 
the  sheriff"  of  the  coimty  or  city,  wherein  the  said  judgment  or  decree 
was  rendered,  has  been  made  or  not,  which  writ  of  execution  issuejl 
and  directed  to  the  sherifi' of  another  county,  shall  1)6  made  returnable 
to  the  Circuit  Court  of  the  county  to  which  it  may  be  sent,  and  if  sent 
to  the  city  of  Baltimore,  returnal)le  to  the  Superior  Court  of  said  city; 
and  there  shall  be  scut  therewith  by  the  clerk  issuing  the  same,  to  the 
clerk  of  tlie  court  to  which  said  writ  shall  be  returnable,  a  co})y  of 
the  docket  entries  in  the  case  upon  wdiich  the  court  may  jaroceed  on 
said  execution  by  renewal  or  otherwise,  in  the  same  manner  as  if  said 
execution  had  issued  on  a  judgment  or  decree  rendered  in  said  court, 
and  attachments  on  judgments  or  decrees,  sliall  he  regarded  as  execu- 
tions in  the  meaning  of  this  section  ;  Prodded,  nevertheless,  that  no  exe- 
cution or  attachment  on  judgment  shall  bo  issued  and  directed  to 
another  county  earlier  than  the  same  could  be  issued  and  directed  to 
the  sherifi' of  the  county  or  city  wlierein  the  same  may  have  Itcen  ren- 
dered, and  if  there  has  been  no  return  oi nidla  bona  until  the  plaintiff 
or  plaintifl's,  or  his  or  their  attorney  of  record  shall  make  and  tile  with 


120  JUDICIARY   DEPARTMENT. 

the  clerk  issuing  the  same,  an  affidavit  that  he  or  they  are  unable  to 
discover  in  the  county  or  city  where  the  judgment  or  decree  has  been 
obtained,  jDroperty  from  which  the  same  can  be  realized :  and,  pro- 
vided further,  thut  no  judgment  or  decree  shall  be  a  lien  upon  real 
estate  situated  in  another  county  from  that  wherein  the  said  judgment 
or  decree  was  obtained,  or  in  the  city  of  Baltimore,  except  from  the 
date  of  the  entry  of  the  cojjy  of  the  docket  entries  by  the  clerk  of  the 
court  to  which  the  said  writ  shall  be  returnable. — 1865,  ch.  5. 

To  Make  Returns  to  Comptroller. 
Sec.  6.  Every  clerk  shall,  on  or  before  the  first  Monday  of  March? 
June,  September  and  December  in  each  year,  transmit  to  the  Comptroller 
a  list  of  all  executions  issued  by  the  court  of  which  he  is  clerk,  lor  tines, 
penalties  or  forfeitures,  and  also  a  list  of  the  fines,  penalties  and  for- 
feitures imposed  by  his  court,  and  a  list  and  account,  under  oath,  of  all 
l^ublic  money  received  by  him,  which  lists  shall  contain  the  names  of 
the  parties,  the  amount  of  the  fines,  penalties  and  forfeitures,  and  to 
whom  payable,  with  the  costs  thereon,  and  shall  emlarace  all  cases  not 
included  in  former  lists  returned  by  him,  and  shall  show  Irom  whom 
and  on  what  account  public  money  has  been  received. 

Payment  of  Public  MoTwy  to  Treasurer. 

Sec.  7.  Each  clerk  shall,  on  the  first  Mondays  of  March,  June,  Sep- 
tember and  December,  pay  to  the  Treasurer  all  public  money  which 
he  may  have  received,  and  on  his  failure  to  do  so  within  thirty  days 
thereafter,  his  bond  may  be  put  in  suit,  for  the  use  of  the  State,  in 
which  suit  recovery  shall  be  had  for  the  amount  appearing  to  be  due 
the  State,  with  interest  at  the  rate  of  ten  per  cent,  •pav  annum,  from 
the  date  or  dates  when  the  same  became  payable  as  aforesaid  ;  and  a 
failure  on  the  part  of  any  clerk  to  make  such  payment  shall  amount 
to  a  forfeiture  of  the  commissions  to  which  he  wottld  otherwise  be 
entitled,  and  any  recovery  on  the  bond  of  a  clerk  for  the  non-payment 
of  i:)ublic  money  received  by  him,  shall  be  evidence  of  a  misdemeanor 
in  otfice,  lor  which,  upon  conviction,  he  may  be  removed. — 1808,  ch.  197. 

Clerks'  Commissions. 
Sec.  8.  Each  clerk  shall  be  entitled  to  such  commissions  on  all 
money  paid  by  him  into  the  treasury,  as  is  allowed  by  the  law  regu- 
lating their  fees. 


■'o 


Compensation  not  over  $2,500  per  Tear. 
Sec.  9.  Every  clerk,  except  the  clerk  of  the  Court  of  Appeals,  the 
emoluments  of  whose  office  shall  exceed  the  sum  of  two  thousand  five 
iuuidre'd  d(jllars  in  any  one  year,  after  deducting  therefrom  the  neces- 
sary expenses  incident  to  his  oliice  lor  the  same  period,  shall  pay  the 
excess  to  the  Treasurer,  and  the  clerk  of  the  Court  of  Appeals  shall 
l)ay  the  excess  over  the  sum  of  three  thousand  dollars,  alter  making 
tlie  deductions  aioresaid,  and  every  such  clerk,  the  emoluments  of 
whose  ofiice  shall  not  amount  to  the  sum  of  two  thousand  five  hundred 
♦  lobars  in  any  one  year  as  aioresaid,  may  jjresent  a  statement  to  the 
County  Conunissioners  of  his  county,  or  to  the  Mayor  and  City  Coun- 
cil of  Baltimore,  as  the  case  may  be,  under  oath,  showing  the  net  pro- 
ceeds of  his  (illicc,  togetlier  witli  a  statement  of  the  cost  oJthe  necessary 
record  books,  stationery  and  fuel  used  in  his  office  up  to  the  firtit  Mon- 


CIKCUIT   COURTS.  121 

day  in  June  in  each  year,  and  the  said  County  Commissioners,  or  the 
Miiyor  and  City  Council  of  Baltimore,  are  hereby  authorized  and  em- 
powered to  pay  or  levy  for  the  use  of  said  clerk  the  amount  of  said 
books,  stationery  and  fuel  as  aforesaid;  Provided,  that  the  amount 
so  paid  or  levied,  shall  not,  when  added  to  the  said  net  proceeds  of 
his  ofhce,  exceed  the  sum  of  two  thousand  five  hundred  dollars. — 
18C5,  ch.  157. 

To  Make  Semi-Annual  Statements  of  Fees,  &c. 

Sec.  10.  Every  clerk,  including  the  clerk  of  the  Court  of  Appeals, 
shall  twice  in  every  year,  on  the  first  Monday  in  June  and  December, 
return  a  full  and  accurate  account  of  all  his  fees,  emoluments  and  re- 
ceipts, whether  on  his  own  account  as  such  clerk,  or  for  the  State,  city 
or  county,  including  fines  and  forfeitures,  and  also  of  all  expenses  in- 
cident to  his  office,  and  such  accounts  shall  be  rendered  under  oath, 
and  in  such  forms  and  supported  by  such  proofs  as  shall  be  prescribed 
by  the  Comptroller  ;  and  every  clerk,  including  said  clerk  of  the  Court 
of  Ap])eals,  shall  render  with  his  account  of  the  expenses  incident  to 
his  office,  a  list  of  the  clerks  employed  by  him,  stating  the  rate  of 
compensation  allowed  to  each,  and  the  duties  which  they  severally 
perform,  and,  also,  the  sums  paid  for  stationery,  official  and  contingent 
expenses,  fuel  and  other  things,  and  stating  the  purposes  for  which 
said  expenses  are  ajjplied  ;  and  in  the  account  of  fees,  there  shall  be  a 
separate  statement  of  all  those  fees  charged  during  the  six  montlA5  in- 
cluded in  said  account,  which,  at  the  date  of  said  account,  remain 
uncollected.— 1862,  ch.  255. 

Ouilty  of  Perjury. 

Sec.  11.  Any  clerk  who  shall  be  guilty  of  false  swearing  in  taking 
the  oath  required  by  the  preceding  section,  with  the  intention  to  de- 
ceive and  defraud  the  treasury,  shall  be  guilty  of  perjury. 

Cleric's  Official  Bond. 

Sec.  12.  The  official  bond  of  such  clerk  shall  be  answerable  for  the 
emoluments  of  his  office  over  and  above  the  sum  of  two  thousand 
five  hundred  dollars,  herein  jirovided,  and  he  shall  also  upon  failure 
or  neglect  to  pay  or  account  for  the  excess  over  and  above  said  sum, 
be  subjected  to  a  fine  not  exceeding  one  thousand  dollars. 

Assistant  Clerks  and  their  Compensation. 

Sec.  13.  The  Comptroller  shall,  from  time  to  time,  limit  and  fix  the 
number  and  compensation  of  the  assistant  clerks  and  deputies  to  be 
employed  by  any  such  clerk,  and  no  account  for  compensation  for 
services  of  any  assistant  clerk,  deputy,  or  other  person  employed  in 
performing  any  of  the  duties  pertaining  to  the  office  of  any  such  clerk, 
shall  be  allowed  until  such  assistant  clerk,  or  any  other  person  em- 
ployed, shall  have  certified,  under  oath,  that  the  same  services  have 
been  performed,  that  he  has  received  the  full  sum  therein  charged  to 
his  own  use  and  benefit,  and  that  he  has  not  paid,  deposited  or  as- 
signed, nor  contracted  to  pay,  de])osit  or  assign,  any  part  of  such  com- 
pensation to  the  use  of  any  person,  or  in  any  way,  directly  or  indi- 
rectly paid,  or  given,  nor  contracted  to  pay  or  give,  any  reward  or 
com^jensation  for  his  office  or  employment,  or  the  emoluments  thereof 


132  JUDICIARY   DEPARTMENT. 

May  Enter  Judgments  and  Decrees  Satisfied. 
Sec.  14.  The  clerk  of  any  court  may  enter  any  judgment  or  decree 
satisfied  upon  the  order  in  writing  of  the  plaintifi"  or  his  attorney,  and 
shall  lile  sucli  order  among  the  papers  in  the  cause. 

May  Enter  Judgments  Satisfied  upon  Dockets  of  Justices,  &c. 
Sec  15.  The  clerk  of  any  court  having  the  custody  of  dockets  of 
justices  of  the  peace,  may  enter  satisfied  any  judgment  standing  open 
upon  such  dockets,  ujion  the  production,  by  the  party  a23plying  for 
such  entry,  of  the  receipt  of  the  plaintiff  in  the  judgment  attested  by 
a  justice  of  the  j^eace. 

Shall  Keep  Books  for  Docket  Entries. 
Sec.  16.  The  clerk  of  every  court  of  law  or  equity,  except  the  Court 
of  Appeals,  shall  provide  one  or  more  well  bound  book?,  and  imme- 
diately after  each  term  of  his  court,  enter  and  transcribe  tlierein,  the 
docket  entries  of  each  civil  i^uit  and  action,  legal  and  equitable,  which 
shall  have  been  ended  during  the  said  term  by  trial,  judgment,  decree, 
agreement,  non  pros  or  abatement ;  and  such  transcrijjt  shall  contain 
the  style  or  names  of  the  jsarties,  the  nature  of  the  case,  the  docket 
entries,  and  if  superseded,  the  name  or  names  of  the  sujjerseders,  and 
other  memoranda  as  they  appear  upon  the  docket,  and  the  judgment, 
decree,  order  or  agreement,  by  which  the  several  actions  or  suits  were 
terminated ;  and  the  bills  of  costs  recoverable  by  the  party  in  whose 
favor  they  shall  have  been  awarded,  shall  be  likewise  transcribed  and 
entered,  and  the  said  books  shall  be  truly  and  regularly  imaged  and 
alphabetically  indexed,  with  the  names  of  plaintiffs  and  defendants, 
and  the  whole  completed  before  the  ensuing  term  of  the  coui-t. 

Doclcet  Entries  of  Executions,  &c. 

Sec.  17.  The  said  clerk  shall  also  transcribe  and  enter  the  docket 
entries  of  every  execution  which  shall  be  entered  satisfied  or  otherwise 
finally  settled,  and  also  the  docket  entries  of  every  execution  or  other 
final  process  under  which  any  personal  property  shall  have  been  seized 
or  taken,  together  with  a  copy  of  tlie  schedule  or  schedules  accompa- 
nying such  execution,  and  the  sheriff's  return  thereon,  regularly  imaged 
ajid  indexed  as  directed  in  the  preceding  section,  and  for  the  services 
required  of  this  and  the  preceding  section,  the  clerk  shall  be  entitled 
to  twenty-five  cents  for  each  suit  or  action,  to  be  taxed  in  the  bill  of 
costs  against  the  plaintiff,  or  in  the  additional  costs  of  said  execution, 
and  endorsed  thereon. 

Penalty,  $200. 

Sec  18.  If  any  clerk  shall  neglect  or  refuse  to  comply  with  the  pro- 
visions of  the  two  preceding  sections,  he  shall  forfeit  the  sum  of  two 
hundred  tloUars,  for  the  use  of  the  State. 

Judgments  or  Decrees  Recorded. 
Sec.  19.  No  clerk  shall  record  any  judgment,   or  decree  except 
those  relating  to  the  title  of  lands,  or  those  under  which  lands  have 
Ijcen  sold  in  virtue  of  an  execution  thereon. 

Sliall  give  Certified  Copies  of  Papers,  &c. 
Sec  20.  If  any  person  api)lies  for  a  copy  of  the  record  of  a  judg- 
ment or  decree,  in  any  case  where  the  judgment  or  decree  is  not  re- 


CrRCUIT   COURTS.  123 

quired  by  law  to  be  recorded,  the  clerk  shall  make  and  certify  a  copy 
of  thp  same  from  the  pa})ers,  minutes  and  docket  entries  of  such  case, 
which  shall  bo  as  available  as  a  regular  transcript  of  a  recorded  judg- 
ment or  decree. 

Shall  Enter  Appeals  to  Court  of  Appeals. 
Sec.  21.  The  clerk  of  any  court  shall,  upon  application  during  the 
vacation  of  siiid  court,  enter  an  appeal  from  the  judgment,  order  or 
decree  of  said  court  to  the  Court  of  Appeals. 

May  Approve  Appeal  Bonds,  &c. 
Src.  22.  The  clerks  may  approve  any  appeal  bond,  writ  of  error 
bond,  bond  for  removal  of  proceedings  by  writ  of  certiorari,  injunc- 
tion bond,  trustee's  bond  or  receiver's  bond,  to  be  filed  in  their  respec- 
tive courts. 

May  Take  Supersedeas. 

Sec.  23.  The  clerks  of  the  Circuit  Courts  in  the  several  counties,  of 

the  Superior  Court  of  Baltimore  city,  and  the  Court  of  Common  Pleas, 
shall  have  the  power  and  jurisdiction  .to  take  supersedeas  of  judg- 
ments and  decrees  in  their  respective  courts,  as  a  justice  of  the  peace 
has  by  law,  and  the  supersedeas  as  taken  shall  have  the  same  eflect  as 
if  taken  by  a  justice  of  the  peace  ;  and  every  security  in  a  supersedeas 
of  a  judgment  rendered  in  the  resj^ective  courts,  and  superseded  before 
the  clerks  of  said  courts,  shall  sign  the  same,  or  if  they  cannot  write 
make  their  marks,  to  be  attested  by  the  clerk ;  and  the  several  clerks 
shall  be  entitled  to  a  fee  of  twenty-five  cents  for  each  supersedeas. 

If  Satisfied  of  tlie  Party'^s  Responsibility. 

Sec.  24.  It  shall  be  the  duty  of  the  clerks  of  the  respective  courts 
and  of  the  justices  of  tbe  peace,  in  taking  the  supersedeas  of  any 
judgment,  to  accept  no  party  as  a  superseder,  unless  satisfied  that  said 
party  is  worth  in  real  or  personal  estate,  over  and  above  his  actual 
debts,  the  full  amount  of  the  judgment  proposed  to  be  superseded. 

Justices  not  to  taJce  Supersedeas. 

Sec.  25.  It  shall  not  be  lawful  for  the  justices  of  the  peace  of  the 
city  of  Baltimore  to  take  supersedeas  of  any  judgment  recovered  after 
the  seventh  day  of  February,  eighteen  hundred  and  sixty,  in  the  Court 
of  Common  Pleas,  or  the  Superior  Court  of  Baltimore  city,  but  such 
supersedeas  shall  be  taken  by  the  clerks  of  said  courts  respectively. 

Concurrent  Jurisdiction. 
Sec.  26.  The  clerks  of  the  several  Circuit  Courts  for  the  counties 
and  the  city  of  Baltimore,  the  clerk  of  the  Superior  Court  of  Baltimore 
city,  and  the  clerk  of  the  Court  of  Common  Pleas,  shall  each  have  con- 
current power  with  the  judge  of  his  court  to  pass  all  orders  nisi  for 
the  ratification  of  auditor's  reports  and  accounts,  but  not  final  orders. 

May  Pass  Orders  Nisi. 

Sec  27.  The  clerks  of  the  Circuit  Courts  for  the  counties  and  the 
city  of  Baltimore,  and  the  clerk  of  the  Superior  Court  of  the  city  of 
Baltimore,  may  each  pass  all  orders  nisi  for  the  ratification  of  sales 
made  and  reported  under  decrees  or  orders  of  the  court  of  which  he  is 
clerk,  but  not  final  orders. 


124  JUDICIARY    DEPAllTMENT. 

May  Issrie  Commissions  to  Take.  Testimony. 

Sec.  28.  Every  clerk  may  issue  commissions  to  take  testimony  to 
the  standing  commissioners  appointed  hj  his  court  for  that  purpose, 
and  if  the  parties  agree  thereto  in  writing,  may  issue  a  commission  to 
any  person  or  i:)ersons  named  in  such  agreement. 

Guardian  Assigned  Infant  Defendant. 

Sec  29.  When  an  infant  defendant  is  returned  "summoned,"  the 
clerk  may  issue  a  commission  to  some  discreet  person  to  assign  a  guar- 
dian for  and  take  the  answer  of  such  inlimt. 

May  Issue  Orders  of  Publication. 

Sec.  30.  They  may  pass  and  issue  orders  of  publication  to  notify 
non-resident  defendants. 

No  Fees  until  Bond  is  Given. 

Sec.  31.  No  clerk  shall  receive  any  fees  or  compensation  for  services 
rendered  as  clerk,  until  he  has  given  bond,  executed  and  approved  as 
herein  provided. 

Accounts  in  Legible  Hand. 

Sec  32.  Every  clerk  shall  make  out  accounts  of  his  fees  in  a  fair, 
legible  hand,  and  in  words  at  length. 

Costs  of  Suit. 
Sec  33.  He  shall  deliver  to  either  plaintiff  or  defendant,  (if  re- 
quired,) full  copies,  in  a  fair,  legible  hand,  of  all  the  costs  of  suit  re- 
covered by  or  against  the  party  requiring  the  same ;  and  on  failure  to 
do  so,  such  clerk  shall  forfeit  and  pay  thirty  dollars. 

To  Endorse  on  Bonds  to   Whose  Use. 

Sec  34.  In  all  suits  brought  on  bonds  given  to  the  State,  the  clerk 
shall,  before  he  issues  the  writ,  endorse  thereon  the  name  of  the  party 
at  whose  instance  and  for  whose  use  such  suit  is  instituted. 

Sheriff''s  Oath. 

Sec  35.  The  clerks  of  all  the  courts  to  which  jurors  are  summoned, 
shall  administer  to  the  sheriff  the  oath  required  to  be  taken  by  him 
on  his  returning  a  panel  of  jurors. 

Laws  and  Puhlic  Documents. 

Sec  36.  No  clerk  shall  deliver  the  laws  and  public  documents  sent 
to  him  by  the  Librarian,  to  any  other  person  than  to  him  who  is  en- 
titled to  receive  the  same,  or  to  his  order,  in  writing,  under  the  pen- 
alty of  fifteen  dollars. 

Dockets  of  Justices  of  the  Peace. 

Sec.  37.  The  clerks  of  the  Circuit  Courts  for  the  several  counties, 
and  the  clerk  of  the  Court  of  Common  Pleas  of  the  city  of  Baltimore, 
shall  receive  and  file  witliout  fee  or  reward  the  dockets  and  pai)ers  of 
justices  of  the  peace  delivered  to  them,  and  shall  give  transcrijits 
thereof  for  the  usual  fees,  and  shall  re-deliver  the  same  to  the  justice 
upon  his  re-appointment. 


CIRCUIT   COURTS.  125 

Register,  &c.,  of  Notary  Pnhlic  to  he  Filed. 

Sec.  38.  In  case  of  the  death,  resiiniation,  disqualification  or  re- 
moval from  office  of  a  notary  public,  his  register  and  other  public 
papers  shall,  within  sixty  days  thereafter,  Vje  lodged  in  the  office  of 
the  clerk  of  the  Circuit  Court  for  the  county,  or  Superior  Court  of 
Baltimore  city,  who  may  bring  and  maintain  actions  of  trover  and 
detinue  for  the  same  ;  and  such  registers  or  public  papers  shall  not  in 
any  case  be  liable  to  be  seized  or  taken  in  execution  for  debt,  or  for 
any  demand  whatsoever. 

[Sections  39  to  42,  of  this  article,  relate  to  the  clerk  of  the  Court  of 
Appeals. — See  ante.] 

Clerl-s  to  Bond  in  $14,000. 

Sec.  42.  The  clerks  of  the  several  Circuit  Courts  for  the  counties 
shall  each  give  bond  to  the  State  of  Maryland,  in  the  penalty  of 
fourteen  thousand  dollars,  with  good,  able  and  sufficient  securities, 
being  persons  of  visible  and  landed  estates  within  this  State,  to  be 
approved  by  the  judge  of  the  Circuit  Court  of  which  he  is  clerk. 

Bond  Renewed  every  Second  Year. 

Sec.  43.  The  said  bond  shall  be  recorded  in  the  ofBce  of  the  court 
of  which  he  is  clerk,  and  shall  be  renewed  every  second  year  during 
the  first  four  days  of  the  fall  term  of  said  court,  and  wherf'  the  Circuit 
Court  for  any  county  is  held  in  December,  such  court  shall  be  deemed 
a  fall  term  in  the  meaning  of  this  section. 

To  Execute  Bond  under  Penalty  of  $1,000. 

Sec  44.  On  default  of  any  clerk  to  execute  the  bond  required  by 
the  two  precfding  sections  within  the  time  therein  prescribed,  such 
defaulter  shall  be  suViject  to  a"  penalty  of  on"^  thousand  dollars,  to  be 
recovered  by  indictment  in  tho  name  of  the  State,  in  the  Circuit 
Court  for  the  county  in  which  such  officer  shall  reside. 

To  Traiismit  Copy  of  Bond  to  Comptroller. 

Sec  45.  It  shall  be  the  duty  of  each  clerk  to  transmit  to  the  Comp- 
troller, on  the  first  day  of  January  next  after  the  execution  of  said 
bond,  a  certified  copy  thereof 

Duties  in  the  Absence  of  Judge. 

Sec  46.  He  shall,  in  the  absence  of  the  judge  of  the  court  on  occa- 
sion of  sickness  at  any  regular  or  adjourne*!  term  of  the  ("ourt,  call 
over  the  civil  appearance  docket,  take  the  returns  of  the  sherifl',  and 
enter  the  appearance  of  the  defendants  when  required,  either  in 
person  or  by  attorney. 

May  Enter  Ju-dgments  by  Consent. 

Sec  47.  He  may,  at  any  regular  or  adjourned  term  of  the  court,  in 
the  absence  of  the  judge  aforesaid,  by  consent  of  parties  in  person  or 
by  attorney,  enter  up  judgments  on  the  trial,  appeal,  reference  and 
appearance  dockets,  in  the  same  manner  as  if  the  judge  was  present ; 
and  the  same  shall  be  as  effectual  as  if  the  judge  was  in  court. 


126  JUDICIARY    DEPARTMENT. 

To  Deliver  Civil  Commissions. 

Sec.  48.  All  civil  commissions  issued  by  the  Governor  and  sent  by 
the  Secretary  of  State  to  the  clerks  of  the  respective  Circuit  Courts, 
ard  the  clerk  of  the  Superior  Court  of  Baltimore  city,  shall  be  by 
tliem  respectively  delivered  immodiately  to  the  persons  to  whom  such 
cofcmissions  are  directed,  and  who  may  apply  for  the  same. 

To  Report  to  Secretai-y  of  State  once  a  Month. 
Sec.  49.  The  said  clerks  shall  report  to  the  Secretary  of  State  at 
least  once  a  month,  the  names  and  offices   of  all   officers  who  have 
taken   and   subscribed  the  oaths  required  by  the  Constitution  and 
laws  to  be  taken  before  them. 

To  Give  Certifcates  of  Qvalirficatian. 

Sec.  50.  Eaf^h  clerk  r f  the  Circuit  Court  for  the  counties,  and  the 
Superior  Court  of  Baltimore  city,  shall,  when  required  to  do  so  by 
any  person,  give  a  certificate  under  the  seal  of  his  office  of  the  quali- 
tication  of  any  public  officer  who  has  taken  and  subscribed  the 
oaths  of  office  before  him,  or  whose  oath  of  office  is  recorded  in  his 
office. 

Slmll  Record  all  Instruments  of  Writing. 

Sec  51.  The  said  clerks  shall  record  all  deeds,  mortgages,  bills  of 
sale  and  other  instruments  required  to  he  recorded,  in  a  well  bound 
book,  vdiich  book  shall  contain  an  alphabetical  index  in  the  names  of 
all  the  parties  to  such  deed,  mortgage,  bill  of  sale  or  other  instrument  of 
writing ;  Provided,  that  they  shall  not  be  required  to  record  or  receive 
for  recording  any  deed,  mortgage,  bill  of  sale  or  other  instrument  of 
writing,  unless  the  fees  for  reoording  the  same  as  regulated  by  law 
shall  first  be  paid  by  the  person  offering  the  same  for  record. — 1865, 
chap.  157. 

Shall  Malce  AljjJiaietical  Indexes. 

Sec  52.  They  shall  make  a  full  and  complete  general  alphabetical 
index  (unless  the  same  shall  have  already  been  done)  in  a  ]>ook  or 
books  well  bound  for  that  purpose,  of  all  deeds,  mortgages,  bills  oi 
sale,  manumission,  and  other  conveyances  of  record  in  their  respec- 
tive offices;  which  index  shall  be  both  in  the  names  of  each  and 
all  the  grantors,  bargainors,  donors  or  mortgagors,  and  each  and 
all  the  grantees,  bargainees,  donees  or  mortgagees ;  and  shall  refer  to 
the  book  and  page  of  the  record  of  the  several  conveyances  designat- 
ing the  same. 

Shall  Continue  Alphabetical  Indexes. 

Sec  53.  They  shall  continue  and  keep  up  the  alphabetical  indexes 
required  by  the  preceding  section,  by  noting  at  the  time  of  record- 
ing any  deed,  mortgage,  bill  of  sale,  or  other  conveyance,  the  names 
of  parties,  and  the  character  of  the  conveyance  in  such  alphabetical 
index,  in  the  manner  prescribed  in  the  preceding  section. 

Shall  Certify  Time  of  Record. 

Sec.  54.  Every  clerk,  after  he  records  any  deed,  shall,  before  he 

delivers  tlie  original,  carefully  and  with  accuracy  enter  the  substance 

of  such  deed — that  is  to  say,  the  date  of  the  deed,  the  Christian 

names  and  surnames  of  the  parties,  with  their  additions,  (if  any;)  the 


CinCUIT   COUKTS.  127 

name  of  the  land  r>r  estate,  (if  any,)  in  such  deed  mentioned  *o  be 
conveyed;  the  courses,  inetes  nnd  bounds  theienf,  if  expressed  in  the 
deed ;  and  tlie  number  of  acres,  (if  therein  stated :)  and  such  other 
description  of  the  land  conveyed  as  may  be  contained  in  su'h  deed, 
and  the  place  where  the  same  may  lie;  the  ccmsideration  for  n.ukins 
the  deed,  and  the  estate  conveyed  by  such  deed,  in  the  very  expres- 
sions thereof;  and  also  state  and  certify  immediately  after  and  follow- 
ing such  entry  the  day  such  deed  was  recorded,  and  shall  sign  his 
name  thereto. 

Becord  Books. 

Sec.  55.  The  said  clerk  shall  make  the  entry  aforesaid  on  good 
royal  writing  paper,  such  as  is  commonly  used  in  record  books,  each 
sheet  me;isuring  in  length  ninctcoTi  inches,  and  in  breadth  <^welve 
iuclies.  with  a  margin  in  li'.ank  of  about  half  an  inch  at  the  sides, 
top  :.]id  bottom  of  each  page,  and  shall  transmit  the  same,  on  or  be- 
fore the  tirst  day  of  June  in  each  year,  to  the  clerk  of  the  Court  of 
Appeals, 

De^ds  to  be  Endorsed  when  B?csived. 

Src.  56.  Every  clerk  who  receives  a  dced.nv  instrument  of  writing 
which  is  required  to  be  lej'^rded  within  a  specihc  time,  shall  endorse 
thereon  the  time  when  he  receives  the  same. 

[Sections  57,  58,  59  relate  to  free  negroes,  manumission,  &c.,  and 
have  become  obsolete.] 

Shall  Apply  for  Blank  Licenses. 

Sec.  CO.  Tie  shall  apply  before  the  lirst  of  May  in  each  year,  to  the 
Comptroller  for  such  number  of  blank  licenses  of  every  sort  as  may 
])robably  be  required  for  the  use  of  his  county  for  one  year,  or  the 
fractional  part  of  the  year,  terminating  on  the  thirtieth  day  of  April 
then  next  ensuing. 

Shall  Grant  Licenses  to  Applicants. 

Sec.  61.  He  shall  grant  to  every  person  who  shall  apply  for  the 
same,  such  license  as  he  may  riesire  and  be  authorized  to  obtain,  prop- 
erly filled  up  Rud  signed  by  the  clerk. 

Shall  Make  Returns  to  Comptroller  Semi-Anmtally. 

Sec.  63.  He  shall,  on  or  before  the  first  Monday  of  -J'me  and  De- 
cember in  each  year,  return  to  the  Comptroller  under  oath,  a  list  and 
accc)unt  of  the  licenses  issued  by  him;  which  shall  contain  the  num- 
ber of  lic<'jises  issued  of  each  grade  and  ki^-d,  when  issued,  what 
amount  of  money  was  received  for  each  license,  and  person  to  whom 
the  same  was  granted ;  and  also  shov,-  the  number,  grades  and  de- 
scription of  blank  licenses  remaining  unissued. 

Fine  of  $1,000  for  Failure  to  Apply  for  Blank  Licenses. 

Sec.  63.  Any  clerk  who  shall  fail  or  neglect  (annually)  on  the  first 
day  of  May,  or  at  such  other  time  or  times  as  may  be  necessary,  to 
apjily  to  the  Comptroller  for  blnnk  licenses,  in  the  manner  herein 
directed,  shall  forfeit  and  pay  for  every  such  failure  or  neglect,  the 
sum  of  one  thousand  dollars. 
9 


128  JUDICIABY  DEPARTMENT. 

Official  Bond  to  be  Sued  for  Certain  Neghct. 

Sec.  64.  Any  clerk  who  shall  refuse  or  npglec*-  to  return  to  the 
Comptroller  lists  and  accounts  of  all  licenses  issued  by  him,  as  here- 
inbefore required,  shall  be  charged  hj  the  Com])troller  with  the 
whole  amount  of  blank  licenses  delivered  to  such  clerk,  at  the  several 
rates  fixed  by  law  therefor ;  and  the  Comptrollf  r  shall  immediately 
thereafter  direct  the  official  bond  of  such  clerk  to  be  put  in  suit  for 
recovery  thereof. 

Shall  Make  Returns  to  Grand  Jury. 

Sec.  65.  Every  clerk  shall  lay  before  every  grand  jury  attending  his 
court,  a  list  of  all  licenses  granted  by  him  and  not  by  him  before 
returned  to  any  grand  jury. 

Clerks  shall  Transfer  Traders'  Licenses  when  Stocks  of  Goods 

are  Sold,  (tc. 

When  any  trader  shall  sell  and  dispose  of  his  goods,  wares  and 
merchandise,  and  at  the  same  time  shall  sell  his  license  to  the  person  or 
persons  purchasing  said  goods,  wares  and  merchandise,  the  purchase 
and  transfer  of  said  license  shall  be  entered  by  the  clerk  of  the  Cir- 
cuit Court,  where  such  license  was  obtained,  and  the  clerk's  fee  for 
said  service  shall  be  fifty  cents. — 1870,  ch.  8.53. 

Clerks,  &e.  Not  to  Practice  Law. 

Art.  11,  Sec.  16,  P.  G.  L.,  provides  that  no  Register  of  Wills,  or 
clerk  of  any  court,  shall  practice  as  attorney  at  hiw  in  any  of  the 
courts  of  this  State  whatsoever,  nor  shall  any  Dejjuty  Register  of 
Wills,  or  any  deputy  clerk  of  any  court,  practice  as  attorney  at  law  in 
any  court  of  this  State  of  which  he  is  an  officer,  or  to  which  he  may 
be  attached  as  a  deputy  or  assistant  oflicer. — 1868,  ch.  404. 

The  clerks  of  Circuit  Courts  have  other  duties  prescribed  for  them, 
under  other  General  Articles  of  the  Code  of  Public  and  Local  Laws 
and  special  Acts  of  Assembly. 


PEES    OP    CLERKS. 

The  fees  of  clerks  are  prescribed  by  Article  38,  Sec.  10,  Public 
General  Laws,  as  follows  : 

Art.  38,  Sec.  10.  The  clerk  of  the  Court  of  Appeals,  the  clerks  of 
the  Circuit  Courts,  and  the  clerks  of  the  courts  of  the  city  of  Balti- 
more, may  (charge  tlie  fees  herein  allowed  for  the  performance  of  their 
respective  duties,  to  wit : 

For  filing  any  paper  or  thing  required  to  be  filed,  and  entering 
the  same  on  the  docket  or  minutes  of  the  court,  to  be  charged 
but  once,  $       5 

For  chjcket  entry  of  any  judgment  or  decree,  25 

For  entering  the  naturalization  of  an  alien  with  certificate  un- 
der seal,  including  all  oaths  taken  thereon,  3  00 
For  granting  any  license  of  any  kind,  .00 
For  taxing  the  costs  in  any  suit  or  proceeding,  to  be  charged 
but  once,                                                                                                   15 


CIRCUIT   COURTS.  129 

For  ca  traupcript  thereof,  with  the  items  thereof  at  larfre  when 
demanded,  to  lie  cliarged  to  tlie  person  reqiiirint,'  the  same,   $     10 

For  every  search  for  matter  above  a  year's  standing,  however 
remote  the  period  may  be,  if  found,'  "  15 

For  affixing  the  seal  to  every  paper  or  thing,  when  required, 
except  writs  and  process,  10 

For  issuing  writs  or  process  of  any  kind  under  seal,  for  every 

ten  words,  and  so  pro  rata,  1^ 

For  issuing  summons  for  witnesses,  including  the  names  of  all 
witnesses  applied  for  at  the  time,  15 

For  issuing  summons  for  witnesses  duces  tecum,  20 

For  short  copy  of  judgment  not  under  seal,  15 

For  transcriljing  the  docket  entries  in  each  suit  and  of  each  ex- 
ecution as  required  by  law,  for  each  transcript,  25 

For  certificate  of  the  attendance  of  a  witness  or  juror,  5 

For  certificate  under  seal  of  the  qualification  of  any  judcre,  or 
one  or  more  justices  of  the  peace,  to  any  instrument  of  writ- 
insr,  including  all  searches  made  for  the  purpose  of  said  cer- 
tificate, 25 

For  certificate  under  seal  of  an  admission  of  an  attorney,  1  00 

For  recording  anytJiing  required  by  law  to  be  recorded,  and  for 
copies  of  any  papers,  for  each  ten  words  or  figures,  and  pro 
rata,  1 

For  arraigning  a  criminal,  50 

For  drawing,  impaneling  and  swearing  a  petit  jury,  and  enter- 
ing the  same  on  the  docket,  '  75 

For  drawing,  impaneling  and  swearing  a  grand  jury,  and  en- 
tering the  same  on  the  minutes  of  the  court,  1  25 

For  each  oath  taken  in  court  and  entering  the  same,  5 

For  each  entry  necessary  to  be  made  on  the  docket  or  minutes 
of  the  court  except  tl>ose  above  mentioned,  5 

For  granting  and  registering  a  certificate  of  freedom,  under 
seal,  1  00 

For  making  alphabets  and  lists  of  transfers  of  property  for  each 

ten  words,  and  so  pro  rata,  except  alphabets  to  docket,  1+ 

For  copying  surveyors'  plots  or  recording  the  same,  the  same 
per  diem  allowed  to  surveyors  for  making  them. 

All  original  papers  to  which  a  party  is  entitled,  to  be  delivered 
without  charge  for  a  search. 

No  search  to  be  charged  for  looking  for  any  judgment  or  other 
record  or  thing  of  which  a  copy  is  required,  or  which  may  be 
necessary  to  be  recited  in  any  suit  or  process. 

Xo  charge  to  be  made  for  any  docket  entry  not  actually  made. 

For  receiving  and  l)aying  over  all  puljl.c  money  received  for 
taxes,  licenses  or  othevvise,  five  per  centum,  except  the  clerk 
of  the  Court  of  Common  Pleas,  who  shall  receive  one  per 
centum  commissions  for  receiving  and  paying  over. 

For  enterifig  satisfaction  of  judgment  on  justice's  docket,  15 

For  granting  hawker's  and  peddler's  license,  to  be  paid  by  the 
hawker  or  peddler,  1  GO 


130  circuit  courts. 

Removal  of  Causes. 

The  74t'h  Section  of  Article  75,  of  Public  General  Laws,  provides 
that  ill  all  suits  or  actions  at  law,  issues  from  the  Orphans'  Court,  or 
other  courts  sittinjjj  in  equity,  and  in  all  presentments  and  indictments 
now  pending,  or  which  may  be  pending  at  the  time  of  the  passage  of 
this  Act,  or  which  may  be  hereafter  instituted  in  any  of  the  courts  of 
this  State,  except  the  Court  of  Appeals,  having  jurisdiction  thereof, 
the  judge  or  judges  thereof,  upon  suggestion,  in  writing,  supported  by 
affidavit  made  by  any  of  the  parties  thereto,  or  whenever  any  party 
to  such  cause,  or  the  counsel  of  any  party  shall,  by  other  proper  evi- 
dence, make  it  satisfactorily  appear  to  the  court  such  party  cannot 
have  a  fair  and  impartial  trial  in  the  court  in  which  such  suit  or  ac- 
tion, issue  or  petition,  presentment  or  indictment  is  pending,  or  when 
the  judges  of  said  court  shall  be  disqualified,  under  the  provisions  of  the 
Constituticm,  to  sit  in  any  such  suit,  action,  issue  or  petition,  present- 
ment or  indictment,  shall  order  and  direct  the  record  of  jiroceedings 
in  such  suit,  action,  issue  or  petition,  presentment  or  indictment,  to 
be  transmitted  to  some  other  court,  and  of  a  diHerent  circuit,  if  the 
party  applying  shall  so  elect,  having  jurisdiction  in  such  cases,  which 
said  court  siiall  hear  and  determine  the  same  in  like  manner  as  if  such 
suit  or  action,  issue  or  petition,  presentment  or  indictment  had  been 
originally  instituted  therein;  ProirideJ,  that  such  suggestion  shall  be 
made  l)eibre  or  during  the  time  at  whicli  the  issue  or  issues  may  be 
joined  in  said  suit  or  action,  issues,  petition,  i:)resentnient  or  indict- 
ment, unless  the  party  or  parties  ajjplying  for  such  removal  shall,  in 
addition  to  such  affidavits  as  have  herein  already  been  jJi'ovided  for, 
further  state  under  oath,  that  he,  she  or  they,  had  come  to  such  belief, 
or  been  convinced  of  that  fact,  since  the  issue  or  issues  in  said  cause 
had  been  made,  upon  which  additional  statements  being  made  and 
tiled,  the  cause  shall  be  removed,  notwithstanding  the  issues  had  been 
made  u}). 

Sec.  75.  When  any  suit  or  action,  issues,  petitions,  presentment  or 
indictments  shall  be  removed  according  to  the  provisions  of  the  pre- 
ceding section,  it  shall  and  may  be  lawful  for  the  party  at  whose  in- 
stance the  said  suit  or  action,  etc.,  was  not  removed,  if  he,  she  or  they, 
shall  think  that  justice  cannot  be  done  him,  her  or  them,  in  said  court 
to  which  said  suit  or  action,  &c.,  has  been  removed,  to  tile  an  affidavit, 
as  prescribed  by  the  preceding  section,  in  said  court  to  which  said  re- 
moval is  ordered,  suggesting  that  he,  she  or  they,  cannot  have  justice 
in  such  court,  whereupon  the  said  court  shall  remove  the  said  cause, 
suit  or  action,  etc.,  to  such  other  court,  (and  of  a  difl'erent  circuit  if 
the  party  applying  shall  so  elect,)  having  jurisdiction  in  such  cases,  as 
the  said  coiu-t  shall  think  will  best  tend  to  justice  between  the  parties 
to  the  said  suit  or  action.. 

Section  70  provides  that  the  judge  may  cause  as2:)ecial  panel  of  forty- 
eiglit  jurors  to  be  selected  by  the  sheriif  to  try  the  removed  cause,  &c., 
and  nmy  also  direct  talesmen  to  l)e  sununoned,  vfcc. 

Section  77  pn,vides  that  in  all  criminal  cases  the  party  to  be  tried 
shall  not  be  removed  until  tlie  first  day  of  the  session  of  the  court  to 
which  the  cause  has  been  removed. 

Section  7^  ])rovi(les  that  the  court  may  allow  tlie  State's  Attorney 
not  over  !^40,  to  be  paid  by  the  county  Iroiu  which  the  case  wasremovecl. 


THE    JUDGES    OF    MARYLAND, 
FROM    THE    REVOLUTIt)N    TO    THE    PPtESEXT    DAT- 
HISTORY  OF  "kARYLAND   COURTS. 
The  following  is  a  complete  List  of  the  Judges  in  Maryland,  and 
the  dates  of  their  tcmi  of  service,  from  the  commencement  of  the  Revo- 
lution, and  the  estal»lishment  of  tlie  State  Government,  in   1777,  to 
the  date  of  this  publication.     It  also  furnishes  a  brief  historical  sketch 
of  the  successive  organizations  of  the  Judiciary  Department  of  the 
State,  for  the  same  period  of  time : 

THE   COURTS  AND   JUDGES   OF   MARYLAND, 

In  1777. 
The  General  Assembly  of  Maryland,  at  its  February  Session  in  1777, 
in  pursuance  of  the  power  reserved  to  the  Legislature  by  the  sixty- 
first  Article  of  the  Constitution  and  form  of  Government,  for  filling, 
in  the  first  instance  only,  all  the  Civil  Offices  in  the  disposition  of  the 
Governor,  with  the  advice  of  the  Council,  made  the  following  appoint- 
ments : 

In  the  General  Coukt. 
Charles  Carroll,  (Barrister,)  Chief  Judge. 
Benjamin  Rumsey  and  Solomon  "Wright,  Judges. 
The  gentlemen  thus  appointed,  did  not  accept.     Barrister  Carroll, 
at  the  time  of  his  appointment,  was  a  member  of  the  Senate. 

In  the  Court  of  Chancery. 

Richard  Sprigg,  Chancellor.— Resigned  on  the  20th  of  March,  1778. 
In  the  Court  of  Admiralty. 

Benjamin  Nicholson,  Judge. — Superseded  by  the  Constitution  of 
the  United  States. 

Attorney  General. 
Thomas  Jennings. — Did  not  accept. 


THE     JUDGES     OF     MARYLAND, 
From  1778  to  1806. 

The  General  Asseml>ly,  at  its  February  Session,  1777.  passed  a  reso- 
lution, under  which  the  Court  of  Appeals  was  to  be  composed  of  five 
Judges. 

The  General  Asseml)ly,  at  its  October  Session,  1778,  made  the  fol- 
lowing appointments  of  Judges,  who  were  commissioned  by  the  Gov- 
ernor, December  22d,  1778 : 

In  the  Court  op  Appeals. 
Benjamin  Rumsey,  Chief  Judge. 

Benjamin  ]\[ackail,  4th;  Thomas  Jones,  Solomon  Wright  and  Jas. 
Mm-ray,  Judges. 


132  maryland  judges. 

Their  Successors. 

The  Governor,  under  his  power  to  fill  vacancies,  appointed  Richard 
Potts,  October  10th,  1801,  and  Littleton  Dennis,  October  20tli,  1801, 
in  place  of  Judges  Wriglit  and  ^Murray,  deceased.  Judge  Wright  died 
in  1791  or  1792,  and  Judge  Murray  d'ied  in  1783  or  1784. 

Judges  in  the  General,  Court. 

Wm.  Paca,  Chief  Judge  ;  appointed  February'  12th,  1778.  Henry 
Hooper  and  Alexander  Contee  Hanson,  Judges;  appointed  at  the 
same  time. 

Their  Successors. 

The  following  Judges  of  the  General  Court,  were  appointed  the  suc- 
cessors in  office  of  the  Judges  aboved  named,  to  1805,  when  the  Gene- 
ral Court  was  abolished  : 

Nicholas  Thomas,  appointed  second  Judge,  March  9th,  1778,  in 
place  of  Mr.  HooiDer,  who  did  not  accept. 

Robert  Hanson  Harrison,  ajJiiointcd  Chief  Judge.  March  10th,  1781, 
in  place  of  Chief  Judge  Paca,  who  resigned  October  2-ith,  1778. 

Robert  Gohlsborough,  Jr.,  appointed  January  20th,  1784,  in  place 
of  Judge  Thomas,  deceased. 

Jeremiah  Townley  Chase,  appointed  October  5th,  1789,  in  place  of 
Judge  Hanson,  resigned  to  accept  the  office  of  Chancellor. 

Thomas  Johnson,  appointed  Chief  Judge,  April  20th,  1790,  in  place 
of  Chief  Judge  Harrison,  deceased. 

Samuel  Chase,  appointed  Chief  Judge,  October  7th,  1791.  in  place 
of  Chief  Judge  Johnson,  who  was  appointed  Associate  Justice  of  the 
Supreme  Court  of  the  United  States. 

Judge  Robert  Goldsborough,  appointed  Chief  Judge,  in  place  of 
Chief  Judge  Chase,  April  2d,''l796. 

Gabriel  Duvall,  appointed  Judge,  April  2d,  1796,  in  place  of  Judge 
Goldsborough,  appointed  Chief  Judge. 

Judge  Jeremiah  Townley  Chase,  appointed  Chief  Judge,  February 
8th,  1799,  in  jilace  of  Chief  Judge  Goldsborough,  deceased. 

John  Done,  appointed  Judge,  February  8th  1799,  in  place  of  Judge 
Chase,  appointed  Chief  Judge. 

Richard  Sprigg,  appointed  December  29th,  1802,  in  place  of  Judije 
Duvall,  who  resigned  on  his  appointment  to  the  office  of  Comptroller 
of  the  Treasury  of  the  United  States. 


THE  CHANCELLORS  OP  MARYLAND. 

The  following  is  a  complete  list  of  the  Chancellors  of  the  State,  from 
1777  to  1854,  when  the  High  Court  of  Chancery  was  abolished: 

Richard  Sprigg,  appointed  by  the  General  Assembly,  April  3d. 
1777;  resigned  March  20th,  1778. 

John  Rogers,  appointed  by  the  Governor  and  Council,  March  20th, 
1778:  died  1789. 

Robert  Hanson  Harrison,  appointed  October  1st,  1789;  declined 
accepting. 

Alexander  Contee  Hanson,  aj^pointed  Oct.  3d,  1789  ;   died  in  1800. 


MARYLAND   JUDGES.  183 

Gabriel  Duvall,  appointed  January  20th,  1806;  declined  accepting. 
Kobert  Smitli,  appointed  January  23d,  1806  ;  declined  accepting. 
AVilliam  Kilty,  appointetl  January  25th,  1806;  died  in  1821. 
John  Johnson,  appointed  October  15th,  1831;  died  in  1824. 
Tlicodorick  Bland,  appointed  Auifust  16th,  1824;  died  in  1816. 
Jolm   Johnson,    ajipointed    December   21st,    1846 ;    office   expired 
March  10th,  1854,  under  the  Constitution  of  1851. 


THE     ATTORNEYS     GENERAL, 

FiiOM   1777  TO  1878. 

The  following  is  a  list  of  the  Attorneys  General,  from  1777  to  1873; 
the  office  was  abolished  in  1851,  and  re-established  in  1864 : 

James  Tilghman,  was  appointed  Attorney  General,  August  7th, 
1777,  but  did  not  accept. 

Benjamin  Galloway,  appointed  January  6th,  1778;  did  not  accept. 

Luther  Martin,  appointed  February  11th,  1778,  wlio  accepted. 

William  Pinkney,  a2)2}ointed  December  21st,  1805,  to  succeed  Mr. 
Martin,  who  resigned. 

John  Thomson  Mason,  appointed  July  12th,  1806,  to  succeed  Mr. 
Pinkney,  who  was  appointed  Minister  to  Great  Britain. 

John  Johnson,  was  appointed  October  18th,  1806,  to  succeed  Mr. 
Mason,  who  resigned. 

John  Montgomery,  appointed  April  29th,  1811,  to  succeed  Mr. 
Johnson,  who  was  appointed  Chief  .Judge  of  the  First  Judicial  Dis- 
trict. Mr.  Montgomery  went  out  of  office  on  the  change  of  the  Con- 
stitution, by  Act  of  1816,  chap.  247,  and  confirmed  by  Act  of  1817, 
chap.  69. 

Luther  Martin,  apjDointed  February  11th,  1818,  under  the  Act  of 
1817,  chap.  146. 

Nuthuniel  AVilliams  was  appointed  Assistant  Attorney  General,  .Jan- 
uary 18th,  1820,  to  continue  in  office  during  the  indisposition  of  the 
Attorney  General. 

Thomas  B.  Dorsey  was  appointed  February  18th,  1822. 

Thomas  Kell  was  appointed  August  17th,  1824,  to  succeed  Mr. 
Dorsey,  resigned. 

Roger  B.  fancy  was  appointed  September  3d,  1827,  to  succeed  Mr. 
Kell,  resigned. 

Josiali  Bayley  was  appointed  July  22d,  1831,  to  succeed  Mr.  Taney, 
resigned. 

George  R.  Richardson  was  appointed  to  succeed  Mr.  Bayley,  re- 
signed, and  took  tiie  oath  of  ollice  .June  25th,  1845. 

Robert  J.  Brent  was  appointed  February  12th,  1851,  to  succeed  Mr. 
Richardson,  deceased. 

The  office  of  Attorney  General  was  abolished  by  the  Constitution  of 
1851,  which  by  Article  3,  Sec.  82,  provided  that  no  law  should  be 
passed  creating  the  office  of  Attorney  General. 

The  Office  Re-estahUshtd. 

The  office  of  Attorney  Genei-al  was  re-established  by  the  Constitu- 
tion of  1864  ;  the  officer  to  be  elected  by  the  people  every  four  years. 


134  MARYLAND   JUDGES. 

Hon.  Alexander  Randall,  of  Annapolis,  was  elected  November,  1864. 

Hon.  Isaac  D.  Jones  was  elected  November,  1867,  under  the  new 
Constitution  of  1867,  for  four  years. 

Andrew  K.  Sj'ester,  of  Wasiiinston  County,  was  elected  November, 
1871,  to  succeed  Gen.  Jones,  whose  term  of  oflfice  had  expired. 


THE    COUNTY    COURTS    REORGANIZED. 

THE    CHIEF    JUSTICES    OF    THE    DISTRICTS, 

From  1791  to  1801. 

The  County  Courts  were  reorganized  by  the  Act  of  1790,  chap.  33, 
and  the  several  Counties  laid  off  into  Districts,  and  the  Governor  and 
Council  were  authorized  to  appoint  and  commission  for  each  of  the 
said  Districts,  one  person  of  integrity  and  experience,  and  sound  legal 
knowledge,  to  be  styled  in  the  commission,  Chief  Justice  of  the  County 
Courts  in  such  District,  and  also  to  ajjpoint  and  commission  in  each 
County,  two  persons  of  integrity,  experience  and  knowledge,  to  be 
styled  in  the  commission.  Associate  Justices  of  the  County  Court  of 
the  County  for  which  they  are  appointed.  The  Associate  .Justices 
were  not  required  to  be  lawyers.  This  Act  was  repealed  by  the  Act  of 
1801,  chap.  74,  and  the  County  Courts  again  reorganized  with  a  sim- 
ilar provision  in  the  Act  as  that  above  mentioned. 

THE   COUNTY   COURTS   AND  DISTRICT   JUSTICES. 

First   District. 

[St.  Mary''s,  Calvert,  Prince  George's  and  Charles  Counties.]  ' 

Michael  Jenifer  Stone,  appointed  Chief  Justice,  January  17th,  1791. 

Richard  Sprigg,  Jr.,  appointed  January  28th,  1802,  to  succeed  Chief 

Justice  Stone,  who  was  not  re-appointed  under  the  Act  of  1801,  ch.  74. 

John  Mackall  Gantt,  appointed  February  11th,  1803,  to  succeed 

Chief  Justice  Sprigg,  who  was  appointed  a  Judge  of  the  General  Court. 

Second  District. 
[Cecil,  Kent,   Queen  Anne's  and  Talbot  Counties.'] 
James  Tilghman,  appointed  Chief  Justice,  January  17th,  1791. 

Third   District. 
[Anne  Arundel,  Baltimore  and  Harford  Counties.] 
Thomas  Jenings,  appointed  Chief  Justice,  January  8th,  1791. 
Benjamin  Nicholson,  appointed  January  10th,  1791,  in  place  of  Mr. 
•Jenings,  who  did  not  accept. 

Josliua  Seney,  appointed  May  8th,  1792,  to  succeed  Chief  Justice 
Nicholson,  deceased. 

Henry  Ridgely,  appointed  November  25th,  1796,  to  succeed  Chief 
Justice  Seney,  who  resigned. 

Fourth  District. 
[Caroline,  Dorchester,  Somerset  and    Worrcafer  Counties.] 
Jolm  Done,  appointed  Cliief  Justice,  January  17th,  1791. 
"William   Whittington,  appointed  February  25th,  1799,  to  succeed 
Chief  Justice  Done,  wlio  was  apjiointed  a  Judge  of  the  General  Court. 
AVilliam    Polk,   appointed   January    28th,  1802,  to   succeed   Ciiicf 
Justice  Whittington,  who  was  not  re-appointed  under  the  Act  of  1801, 
ch.  74. 


maryland  judges.  135 

Fifth  District. 
[Washington,  Frederick,  Montgomery  and  Allegany  Counties.] 

Richard  Potts,  ai)]n)intcd  Cliief  Justice,  Jammry  8th,  1791. 

William  Craik,  appointed  January  IGth,  17'Ju,  to  succeed  Chief  Jus- 
tice Potts,  who  resigned. 

Richarci  Potts,  a])pointed  October  15th,  1796,  to  succeed  Chief  Jus- 
tice Craik,  who  resigned. 

William  Craik,  appointed  October  20th,  1801,  to  succeed  Chief  Jus- 
tice Potts,  who  was  appointed  a  Jud^e  of  the  Court  of  A])])eals. 

WilUiam  Claggett,  appointed  January  2yth,  1802,  to  succeed  Chief 
Justice  Craig,  who  was  not  re-appointed  under  the  Act  of  1801,  ch.  74. 


THE    COURTS    OF    OYER    AND    TERMINER. 
For  Baltimore   County. 

The  General  Assembly  of  Maryland  established  the  following  Courts 
for  Criminnl  business,  exclusively,  in  Baltimore  county,  (whicli  then 
included  Baltimore  city,)  l)y  successive  Acts  of  Asbcmldy,  with  one 
law^iudge,  styled  the  Chief  Justice,  and  Associate  Justices,  wdio  were 
not  required  to  be  men  of  legal  knowledge  : 

Court  op  Oyer  and  Terminer  and  the  City  Court. 

By  the  Acts  of  1791,  ch.  50,  and  1793,  ch.  57,  a  commission  was 
directed  to  be  issued  to  one  person  of  integrity,  experience  and  sound 
legal  knowledge,  to  be  styled  Chief  Justice  of  the  Court  of  Oyer  and 
Terminer,  and  Jail  Delivery  for  Baltimore  county  ;  and  to  four  other 
persons  of  integrity,  experience  and  knowledge,  to  be  styled  Associate 
Justices  of  the  said  court,  lor  the  trial  of  all  offences  committed  in 
said  county. 

The  Act  of  1794,  ch.  65,  directed  that  two  jiersons  of  integrity,  ex- 
perience and  knowledge,  should  be  commissioned  as  Assistant  Justices 
of  Baltimore  County  Court,  w'ho  together  with  the  Chief  .Justice  of 
Baltimore  County  Court,  w'ere  to  hold  courts  for  the  trial  of  all  of- 
fences committed  in  the  county. 

The  Acts  of  1797,  ch.  121,  and  1798,  ch.  65,  separated  the  Criminal 
business  of  the  coimty  and  city,  and  e8ta]>lished  the  Baltimore  City 
Court,  for  the  trial  of  all  offences  committed  within  the  city  or  pre- 
cincts; and  the  Act  of  1797,  ch.  121,  directed  that  two,  and  the  Act 
of  1798,  ch.  65,  that  three  persons  of  integrity,  experience  and  knowl- 
edire,  should  be  commissioned  as  Associate  Justices  of  the  said  court, 
to  act  in  conjunction  with  the  Chief  Justice  of  the  third  district,  to 
transact  the  business  of  the  said  court. 

The  Act  of  1799,  ch.  58,  directed  that  a  commission  of  Oyer  and 
Terminer  and  Jail  Delivery  for  the  trial  of  all  felonies,  etc.,  committed 
in  Baltimore  county  and  city,  should  issue  to  one  person  of  integrity, 
exi)erience  and  sound  legal  knowledge,  to  be  styled  Chief  Justice  of 
the  Court  of  Oyer  and  Terminer  and  JaU  Delivery  for  Baltimore 
county,  and  two  other  })ers(ms  of  integrity,  experience  and  knowledge, 
to  be  styled  Associate  Justices  of  the  said  court. 

Samuel  Chase  was  appointed  Chief  Justice,  January  2d,  1792,  and 
went  out  of  commission  under  the  oi)trati()n  of  the  Act  of  1794,  ch.  65. 

Walter  Dorsey  w^as  next  appointed  February  9t]i,  IbOO,  and  was 
commissioned  under  the  Act  of  1799,  ch.  58. 


136  MARYLAND   JUDGES. 

Jolm  Scott  was  appointed  April  5th,  1808,  to  succeed  Chief  Justice 
Dorscy,  who  resigned. 

Luther  Martin  was  appointed  August  12th,  1813,  to  succeed  Chief 
Justice  Scott,  deceased. 

At  December  Session,  1816,  a  new  court,  called  the  "Baltimore  City 
Coi;rt,"'  was  organized  in  place  of  the  court  of  Oyer  and  Terminer, 
which  changed  the  judges  without  changing  the  iurisdiction. 

Nicholas  ferice,  Chief  Judge,  appointed  February  5th,  1817. 

William  McMechen  and  Alexander  Nisbett,  Associate  Judges,  ap- 
pointed February  5th,  1817. 

W.  G.  D.  Worthington,  appointed  Associate  Judge,  February  2d, 
1833,  to  succeed  Judge  McMechen,  deceased. 


RE  ORGANIZATION  OF  THE  JUDICIARY 

DEPARTMENT, 
In  1804. 

The  General  Assembly  of  Maryland,  by  the  Act  of  1804,  eh.  55, 
confirmed  by  the  Act  of  1805,  ch.  IG,  abolished  the  Court  of  Appeals 
and  the  General  Court.  The  General  Asseraljly  also  reorganized  tlie 
Court  of  Appeals,  and  the  County  Courts  in  the  several  Judicial  Dis- 
tricts. The  following  appointments  of  Judges  were  made,  by  the 
Governor,  under  the  above  Acts. 


JUDGES  OF  THE  COURT  OF  APPEALS. 

Jeremiah  Townley  Chase,  Chief  Judge,  aj^pointed  January  16th. 
1806. 

Gabriel  Duvall,  Robert  Smith,  James  Tilghman,  John  Thomson 
Mason  and  William  Polk,  Judges,  a2)pointed  respectively  on  the  16th, 
17tli,  18th,  19th  and  20tli  days'of  January,  1806. 

The  following  were  their  successors  in  office: 

Richard  Sprigg  was  appointed  Judge,  January  27th,  1806,  in 
place  of  Mr.  Duvall,  who  did  not  accept. 

John  Buchanan,  was  appointed  Judge,  January  28th,  1806,  in 
place  of  Mr.  Mason,  who  did  not  accept. 

Josei)h  Hopper  Nicholson  was  appointed  Judge,  March  26th,  1806, 
in  place  of  Mr.  Smith,  who  did  not  accept. 

John  Mackall  Gantt  was  appointed  March  27th,  1806,  to  succeed 
Judge  Sprigg,  deceased. 

Richard  Tilghman  Earle  was  appointed  May  20th,  1809,  to  suc- 
ceed Judge  Tilghman,  deceased. 

John  .Johnson  was  api)ointed  March  25th,  1811,  to  succeed  Judge 
Gantt,  deceased. 

John  Done  was  appointed  December  14th,  1812,  to  succeed  Judge 
Polk,  deceased. 

William  Bond  Martin  was  appointed  December  13th.  1814,  to  suc- 
ceed .Judge  Done,  who  resignecl. 

Walter  Dorsey  was  appointed  March  14th,  1817,  to  succeed  Judge 
Nicholson,  deceased. 


MARYLAND  JUDGES.  137 

John  Steven,  Jr.,  was  appoinled  a  Jmlu'-e  of  the  Court  of  Appeals, 
December  20th,  1821,  to  succeed  Judge  Johnson,  who  was  ax)pointed 
Chancellor. 

Chief  Judge  Chase  was  prevented  from  attending  the  court  at  .June 
term,  182;:3,  owing  to  indisposition;  he  resigned  June  18th,  1821. 

Stevenson  Archer  was  appointed  Judge,  August  8th,  1823,  to  suc- 
ceed .Judge  Dorsey,  deceased. 

•  Chief  Judge  Buchanan  acted  as  Chief  .Judge  of  Court  of  Aj)pca]s 
during  June  term  of  1824,  on  the  western  shore,  under  the  6th  Section 
of  Act  of  1805,  ch.  65,  in  place  of  Chief  Judge  Chase,  resigned;  he 
was  commissioned  Chief  Judge,  July  27th,  1824. 

Thomas  B.  Dorsey  was  appointed  Judge,  July  24th,  1824,  to  fill 
the  vacancy  occasioned  by  the  resignation  of  Chief  Judge  Chase. 

E.  F.  Chambers  was  apjiointed  Judge,  August  7th,  1834.  to  suc- 
ceed Judge  Earle,  who  resigned  June  Gth,  1834. 

Associate  Judge  Spence  was  appointed  Judge,  May  20th,  1835,  to 
succeed  Jutl^e  Martin,  deceased. 


THE    COUNTY    COURTS. 
First   Judicial   District. 

[St.  Mary''s,  Charles  and  Prince  George's  Counties.] 

Gabriel  Duvall,  Chief  Judge  was  appointed  January  16,  1806. 
Richard  Sprigg  and  John  MacKall  Gantt,  Associate  Judges,  appoint- 
ed, respectively,  January  IGtli  and  17th,  1806. 

The  following  were  their  successors  in  office: 

l^ichard  Sprigg  was  appointed  Chief  Judge,  January  27th,  1806,  in 
i)lace  of  Mr.  Duvall,  who  did  not  accept. 

Thomas  Buchanan  was  appointed  Associate  Judge,  January  27th, 
1806,  to  nil  the  vacancy  occasioned  by  the  promotion  of  Judge 
Sprigg. 

Edmund  Ivcy  was  appointed  Associate  Judge,  January  28th,  1806, 
place  of  Mr.  Buchanan,  who  did  not  accept. 

John  Mackall  Gantt,  was  api)ointed  Chief  Judge,  March  27th,  1806, 
to  succeed  Chiel  Judge  Sprigg,  deceased. 

Daniel  Clarke  was  appointed  Associate  .Judge,  March  28th,  1808. 
to  fill  the  vacancy  occasioned  by  the  promotion  of  Judge  Gantt. 

John  Johnson  was  appointed  Chief  Judge,  March  25th,  1811,  to 
succeed  Chief  Judge  Gantt,  deceased. 

John  Rousby  Plater  was  appointed  Associate  Judge,  August  22d, 
1815,  to  succeed  Judge  Clarke,  deceased. 

John  Steven,  Jr.,  apjjointed  Chief  Judge,  December  20th,  1831,  to 
succeed  Chief  Judge  Johnson,  appointed  Chancellor. 

Clement  Dorsey  was  appointe(l  Associate  Judge,  April  21st,  1833. 
to  succeed  Judge  Plater,  deceased. 

Second  Judicial  District. 

[Cecil,  Kent,  Queen  Anne's  and  Talbot  Counties.] 

James  Tilghman,  Chief  Judge,  ai)])ointed  January  18th,  1800. 
Joseph  Hopper  Nicholson  and  Lemuel  Purnuil,  Associate  Judges,  ap- 
pointed respectively  January  27th  and  28th,  1806. 


138  MAKYLAND  JUDGES. 

The  following  were  their  successors  in  office  : 

Edward  Worrell  was  apjiointed  Associate  Judge,  March  27th, 
1806.  in  place  of  Mr.  Nicholson,  who  did  not  accept. 

Richard  Tilghnian  Earle  was  ajipointed  Chief  Judge,  May  26th, 
1809.  to  succeed  Chief  Judge  Tilghman,  deceased. 

Roliert  Wright  was  appointed  Associate  Judge,  to  succeed  Asso- 
ciate Judge  Worrell,  who  resigned. 

Philemon  B.  Hopper  was  appointed  Associate  Judge,  October  25th, 
1826.  to  succeed  Judge  Wright,  deceased. 

John  B.  Eccleston  was  appointed  Associate  Judge,  February  8th, 
1832.  to  succeed  Judge  Purnell,  resigned. 

E.  F.  Chaml)ers  was  appointed  Chief  Judge,  August  7th,  1834,  to 
succeed  Chief  Judge  Earle,  resigned. 

Third  Judicial    District. 

[Calvert,  Anne  Arundel  and  Montgomery  Counties^ 

Jeremiah  Townley  Chase,  Chief  Judge,  apjDointed  Jan'y  16th,  1806. 

Henry  Ridgely  and  Richard  Hall  Harwood,  Associate  Judges,  ap- 
pointed respectively,  January  27th  and  2Sth,  1806. 

The  lollowing  were  their  successors  in  office  : 

Richard  Ridgely  was  appointed  Associate  Judge,  July  30th,  1811, 
to  succeed  Judge  H.  Ridgely,  deceased. 

Charles  J.  Kilgour  was  appointed  Associate  Judge,  iSTovember  29th, 
1817,  to  succeed  Judge  Harwood,  who  resigned. 

Thomas  H.  Wilkinson  was  appointed  Associate  Judge,  March  30th, 
1820,  to  succeed  Judge  Ridgely,  deceased. 

Thomas  B.  Dorsey  was  appointed  Chief  Judge,  July  27th,  1824,  to 
succeed  Chief  Judge  Chase,  resigned. 

Nicholas  Brewer,  Jr.  was  appointed  Associate  Judge,  October  18th, 
1837,  to  succeed  Judge  Kilgour,  deceased. 

Fourth   Judicial  District. 
[Caroline,  Dorchester,  Somerset  and,   Worcester  Counties.] 

William  Polk,  Chief  Judge,  appointed  January  20th,  1806. 

John  Done  and  James  B.  Robbins.  Associate  Judges,  appointed 
respectively,  January  27th  and  28th,  1806. 

The  following  were  their  successors  in  office : 

John  Done  was  appointed  Chief  Judge,  December  14th,  1812,  to 
succeed  Chief  Judge  Polk,  deceased. 

William  Whittington  was  apjjointed  Associate  Judge,  December 
20th,  1812,  to  till  the  vacancy  occasioned  by  the  promotion  of  Judge 
Done. 

AVilliam  Bond  Martin  was  appointed  Chief  Judge,  December  13th, 
1814,  to  succeed  Chief  Judge  Done,  who  resigned. 

Ara  Spence  was  appointed  Associate  Judge,  October  26th,  1826,  to 
succeed  Judge  Robbins,  deceased. 

William  Tingle  was  appointed  Associate  Judge,  March  9th,  1827, 
to  succeed  Judge  Whittington,  deceased. 

Judire  Sjjence  was  appointed  Chief  Judge,  May  20th,  1835,  to  suc- 
ceed Chief  Judge  Martin,  deceased. 

Brjcc  J.  Goldsborough  was  appointed  Associate  Judge,  October 
13th,  1835,  to  succeed  Judge  SiJence,  promoted  to  Chief  Judge. 


maryland  judges.  189 

Fifth  Jumcial  Distiuct. 
[Frederid;    WmJiinf/ton  and  Allegany  Counties.] 

John  Tlinmson  Mason.  ChicfJiifluc  :ii)])ointed  January  19th,  1806. 

John  Bucli;inan  and  "NA'illiam  Chiirirott.  Associate  Judges,  appointed 
respectively  .January  27tli  and  ^Stli,  180(1. 

The  lr)l](iwing  were  their  successors  in  office  : 

John  Buchanan  was  a])])()inted  Cliief  Judge,  January  28th,  1806,  in 
pUice  of  Mr.  Mason,  who  did  not  acce])t. 

Abraham  Sliriver  was  appointed  Associate  Judge,  January  29th, 
180G,  to  till  the  vacancy  occasioned  by  the  promotion  of  Judge 
Buchanan. 

Roger  Nelson  was  appointed  Associate  Judge,  May  7th,  1810,  to 
succeed  Judge  G'laggett,  deceased. 

Thomas  Buchanan  was  appoijited  Associate  Judge,  May  5th,  1815, 
to  succeed  Judge  Nelson,  deceased. 

Sixth  Judicial   District. 
[Baltimore  and  Harford  Counties.'] 

Robert  Smith,  Chief  Judge,  appointed  January  17th,  1806. 

Benjamin  Rumsey  and  Thomas  Jones,  Associate  Judges,  appointed 
respectively,  Januai-y  27th  and  28th,  1806. 

The  following  were  their  successors  in  office: 

Zebulon  HoUingsworth  was  appointed  Associate  .Judge,  January 
2Dtli,  1S06,  in  place  of  Mr.  Rumsey,  who  did  not  accept.. 

Joseph  Hopper  Nicholson  was  appointed  Chief  Judge,  March  26th, 
1806,  in  jjlace  ot  Mr.  Smith,  who  did  not  accept. 

Theodorick  Bland  was  appointed  Associ'ite  Judge,  October  10th, 
1812.  to  succeed  Judge  Jones,  deceased. 

Charles  Wallace  Hanson,  was  appointed  Associate  .Judge,  February 
5th,  1817,  to  succeed  Judge  HoUingsworth,  who  was  removed. 

AValter  Dorsey  was  appointed  Chief  Juoge,  March  14th,  1817,  to 
succeed  Chief  Judge  Nicholson,  deceased. 

William  H.  Ward  was  ajjiiointed  Associate  Jnrlge,  January  20th, 
1818,  to  succeed  Judge  Bland,  who  accepted  an  olnce  or  place  from 
the  President  of  the  United  States. 

Stevenson  Archer  was  appointed  Chief  Judge,  August  8th,  1823,  to 
succeed  Chief  Judge  Dorsey,  deceased. 

Thomas  Kell  was  ap])ointed  Associate  Judge,  August  6th,  1827,  to 
succeed  Judge  Ward,  tleceased. 

Richard  B.  Magruder  was  appointed  Associate  Judge,  October 
30th,  1832,  to  succeed  Judge  Hanson,  resigned. 

John  Purviance  was  appointed  Associate  Judge,  May  7th,  1833,  to 
succeed  Judge  Kell,  resigned. 

John  C.  Legrand,  appointed  February  19th,  1844,  to  succeed  Judge 
Magruder,  deceased. 


140  MAr.TLAND   JUDGES. 

REORGANIZATION    OF    THE    JUDICIARY 

DEPARTMENT, 

Under  the   Constitution   of   1851. 

In  1851,  on  the  4th  of  July,  a  new  Constitution  went  into  effect  in 
this  Stat«,  which  reorganized  the  Judiciary  Department,  and  made 
the  Judges  elected,  for  ten  years,  by  the  people,  instead  of  their  being 
appointed  by  tlie  Governor.  It  divided  the  State  into  four  .Judicial 
Districts,  for  the  election  of  four  Judges  of  the  Court  of  Appeals,  the 
Chief  Justice  to  be  sele^'ted  by  the  Governor.  It  also  divided  the 
State  into  eight  Judicial  Circuits,  with  one  Judge  for  each  Circuit, 
except  the  fifth,  (Baltimore  city,)  for  which  it  provided  four  Courts, 
witii  one  .Judge  for  each. 

The  Act  of  1852,  ch.  357,  provided  for  the  separation  of  Baltimore 
county  from  Baltimore  city,  and  the  Constitution  of  1851  provided 
that  as  soon  as  a  county  seat  was  located,  and  the  public  bui. dings 
completed,  the  Baltimore  County  Court  should  there  hold  its  sessions, 
which  was  accomplished  in  January,  1858. 

THE   JUDGES   IN   1851. 

The  following  is  a  List  of  the  .Judges  elected  November,  1851,  for 
ten  years,  and  their  Circuits,  under  the  Constitution  of  1S51 : 

THE    COURT   OF   APPEALS   IN    1851. 

Hon.  .John  Carroll  Legrand,  Chief  Judge. 

Hon.  John  Bowers  Ecclestou,  Hon.  William  Hallam  Tuck,  and  Hon. 
John  Thomson  Mason,  Judges. 

THE   CIRCUIT   COURTS   IN   1851. 

FiBST   Judicial   Circuit. 
\^St.  Mary''s,   Charles  and  Prince  George's  Gountks,'] 
Hon.  Peter  W.  Crain,  Judge. 

Second   Judicial   Circuit. 
{Anne  Arundel.,  Howard,  Calvert  and  Montgomery  Counties.] 
Hon.  Nicholas  Brewer,  Judge. 

Third   Judicial   Circuit. 
[Fredenck  and  Carroll  Counties.'] 
Hon.  Madison  Nelson,  Judge. 

Fourth   Judicial   Circuit. 
{Washington  and  Allegany  Counties.'] 
Hon.  Thomas  Perry,  Judge. 

Sixth   Judicial   Circuit. 
{Baltimore,  Harford  and  Cecil  Counties.'] 
Hon.  Albert  Constable,  Judge. 

Seventh  Judicial   Circuit. 
{Kent,  Queen  Anne's,   Tallot  and  Caroline  Counties.] 
Hon.  Philemon  B.  Hopper,  Judge. 

Eighth   Judicial   Circuit. 
{Dorchester,  Somerset  and   'Worceiter  Counties.] 
Hon.  Ara  Spcnce,  Judge. 


MARYLAND   JUDGES.  141 

COURTS   IN   BALTIMORE   CITY. 

Superior  Court. — Hon.  William  Frick,  Judge. 

Coort  Common  Plms. — Hon.  William  L.  Mai-shall,  Judge. 

Crimiruil  Court. — Hon.  Henry  Stump,  Judge. 

Circuit  Court  for  Baltim&re  City. — Hon.  Wm.  Geo.  Krebs,  Judge. 

[The  Circuit  Court  was  established  by  the  Act  of  l.S.'iB,  ch.  123,  in 
pursuance  of  the  provisions  of  the  12th  section  of  the  4th  Article  of 
the  Constitution.] 

The  following  changes  took  place  in  the  Judges  above  elected,  from 
1851  to  18G1  : 

In  the  Court  of  Appeals. — Hon.  Jas.  Lawrence  Bartol  was  appointed 
by  the  Governor,  May  1st,  1857,  and  elected  November  4tli,  1N57,  to 
succeed  Judge  Mason,  resigned;  and  Hon.  Brice  .John  Goldsborough. 
Associate  Justice,  was  appointed  and  commissioned  by  the  Governor, 
NovemI)er  22d,  ISOO,  to  succeed  Judge  Eccleston,  deceased. 

In  the  >ii,rth  Judicial  Circuit. — Hon.  James  M.  Buchanan  was  ap- 
pointed by  the  Governor,  September  3d,  1855,  (to  succeed  Judge  Con- 
stable, deceased,)  until  the  next  General  Election,  on  November  7th, 
1855,  when  the  Hon.  John  H.  Price,  was  elected  Judge  for  ten  years. 

In  the  Seventh  Judicial  Circuit. — Hon.  Richard  B.  Carmichael  was 
appointed  by  the  Governor,  April  3d,  1858,  to  succeed  Judge  Hopper, 
deceased. 

In  the  Eighth  Judicial  Circuit. — Hon.  Jas.  A.  Stewart  was  appointed 
by  the  Governor,  September  30th,  1854,  to  succeed  Judge  Spcnce,  re- 
signed;  and  Hon.  Thos.  A.  Si:)euce  was  elected  Noveml'er  7th,  1855, 
to  succeed  Judge  Stewart. 

In  the  Superior  Court  of  Baltimore  City. — Hon.  Benjamin  C.  Presst- 
man  was  appointed  by  the  Governor,  August  4th,  1855,  to  till  the 
vacancy  occasioned  by  the  decease  of  Judge  Frick,  until  the  next 
General  Election,  November  7th,  1855,  when  Hon.  Z.  Collins  Lee  was 
elected.  Hon.  Robert  N.  Martin  was  appointed  by  the  Governor, 
December  Olh,  1859,  to  succeed  Judge  Lee,  deceased. 

In  the  Criminal  Court. — Hon.  Hugh  Lenox  Bond  was  appointed  by 
the  Governor,  March  15th,  18G0,  to  succeed  Judge  Stump,  who  was 
removed. 


THE   JUDGES   IN   1861. 

The  term  of  all  the  Judges  elected  in  1851,  having  expired  in  1861. 
with  the  exception  of  those  elected  to  till  va^aneies,  (who  held  for  ten 
years,)  their  successors  \v ere  elected  at  the  General  Electior,  in  Novem- 
ber, 1801.  After  the  General  Election  in  1861,  the  Judges  of  the  Courts 
of  the  State,  were  as  follows  : 

The  Court  op  Appeals  in  1861. 

Hon.  Richard  Johns  Bowie,  Chief  Justice,  elected  November  6th, 
1861,  vice  Judge  Tuck,  and  commissioned  Chief  Justice,  November 
16th,  1861;  Hon.  James  Lawrence  Bartol,  Judge;  Hon.  Brice  John 
Goldsborough,  Judge,  (elected  November  6th,  1861,)  and  Hon.  Silas 
Morris  Cocliran,  Judge,  elected  November  6th,  1861,  vice  Chief  Jus- 
tice Legrand. 


142  MARYLAKD  jrDGES. 

The  Cfrcuit  Judges  in  1861. 

First  Judicial  Circirit.—B.on.  George  Brent,  Judge,  elected  Novem- 
ber 6th,  1861,  vice  Judge  Grain. 

Second  Judicial  Circuit. — Hon.  Nicholas  Brewer,  Judge,  re-elected 
November  6th,  1861. 

Third  Judicial  Circuit. — Hon.  Madison  Nelson,  Judge,  re-elected 
November  6th,  1861. 

Fourth  Judicial  Circuit.— Hon.  Daniel  Weisel,  Judge,  elected  Novem- 
ber 6th,  1861,  vice  Judge  Perry. 

Si.Tth  Judicial  Circuit. — Hon.  John  H.  Price,  Judge. 

Seventh  Judicial  Circtdt. — Hon.  Richard  B.  Carmichael.  Judge. 

Eighth  Judicial  Circuit. — Hon.  Thomas  A.  Spence,  Judge. 

In  the  Fifth  Judicial  Circuit,  which  comprised  the  courts  of  Balti- 
more city,  the  Judges  in  1861,  were  as  follows: 

Superior  Court.— Row.  Robert  N.  Martin,  elected  Nov.  6th,  1861. 

Court  of  Common  Pleas. — Hon.  John  C.  King,  elected  November 
6th,  1861,  vice  Judge  Marshall. 

Circuit  Court. — Hon.  Wm.  George  Krebs,  holding  over. 

Criminal  Court. — Hon.  Hugh  Lenox  Bond. 

The  following  changes  took  place  from  1861  to  1864  : 

In  the  Second  Judicial  Circuit — Hon.  Wm.  Hallam  Tuck,  was  ap- 
pointed bv  the  Governor,  Oct.  24th,  1864,  to  succeed  Judge  Brewer, 
who  died  October,  16th,  1864. 
*In  the  Fifth  Judicial  Circuit — Hon.  George  French  was  appointed 
by  the  Governor,  January  20th,  1865,  to  succeed  Judge  AVeisel,  who 
was  elected  Judge  of  the  Court  of  Appeals. 

*/tt  the  Sixth  Judicial  Circuit — Hon.  Geo.  A.  Pearre,  was  appointed 
by  the  Governor,  August  29th,  1865,  and  elected  November  7th,  1865, 
to  succeed  Judge  Smith,  deceased. 

In  the  Seventh  Judicial  Circuit — Hon.  James  B.  Ricaud,  was  ap- 
pointed by  the  Governor,  and  commissioned  March  10th,  1864,  to  suc- 
ceed Judge  Carmichael,  who  resigned. 

In  the  Circuit  Court  for  Baltimore  City — Hon.  Wm.  Alexander  was 
elected  by  the  people,  November  4th,  1863,  to  succeed  Judge  Krebs, 
deceased. 


EEORGANIZATION  OF  THE  JUDICIARY 

DEPARTMENT, 
Under  the  Constitution  of  1864. 

In  1864,  on  the  first  day  of  November,  a  new  Constitution  went  into 
effect  in  this  State,  which  again  reorganized  the  Judiciary  Depart- 
ment, by  abolishing  the  existing  system,  and  providing  for  a  new 
election  in  November,  1864,  of  Judges,  by  the  people,  for  tifteen  years, 
or  until  the  age  of  seventy  years.  It  divided  the  State  into  five  Judi- 
cial Districts,  for  the  election  of  five  Judges  of  the  Court  of  Appeals. 
It  also  divided  the  State  into  thirteen  Judicial  Circuits.  The  Judges 
of  the  Court  of  Appeals  were  removed,  one  Judge  was  added  from  the 
new  Fourth  District. 

*Sce  page  14:j,  under  Constitution  of  1864. 


MARYLAND   JUDGES.  143 

Under  the  new  organization  and  election,  the  Judges  and  their  Dis- 
tricts and  Cii'cuits,  were  as  follows  : 

The  Court  of  Appeals  in  1864. 
Hon.  Richard  Johns  Bowie,  Cliief  Justice. 

Hon.  JariR's  L.  Bartol,  Hon.  Brice  John  Goldsborough,  Hon.  Silas 
Morris  Cochran,  and  Hon.  Daniel  Weisel,  Associate  Justices. 

THE   CIRCUITS   AND   JUDGES   IN   1864. 

First  Judicial  Circuit. 

[St.  Mary''s  and  Charles  Counties.] 
Hon.  George  Brent,  Judge. 

Second  Judicial  Circuit. 
[Anne  Arundel  and  Calvert  Counties.] 
Hon.  Wm.  Hallam  Tuck,  Judge. 

Third  Judicial  Circuit. 
[Prince  George's  and  Montgomery  Counties.'] 
Hon.  Samuel  H.  Berry,  Judge. 

Fourth  Judicial  Circuit. 

[Frederick  County.] 
Hon.  Madison  Nelson,  Judge. 

Fifth  Judicial  Circuit. 
[  Washington  County.] 
Hon.  George  French,  Judge. 

Sixth  Judicial  Circuit. 

[Allegany  County.] 
Hon.  James  Smith,  Judge. 

Seventh  Judicial  Circuit. 
[Carroll  and  Howard  Counties.] 
Hon.  John  E.  Smith,  Judge. 

Eighth  Judicial  Circuit. 
[Baltimare  County.] 
lion.  Daniel  C.  H.  Emory,  Judge. 

Ninth  Judicial  Circuit. 
[Harford  and  Cecil  Counties.] 
Hon.  John  H.  Price,  Judge. 

Tenth  Judicial  Circuit. 
[Kent  and  Queen  Anne's  Counties.] 
Hon.  John  M.  Robinson,  Judge. 

Eleventh  Judicial  Circuit. 
[TaV>ot  and  Caroline  Counties.] 
Hon.  Henry  M.  Goldsborough,  Judge. 

Twelfth  Judicial  Circuit. 
[Dorchester,  Somerset  and   Worcester  Counties.] 
Hon.  Thomas  A.  Spence,  Judge. 

BALTIMORE    CITY    COURTS. 

The  Superior  Court  op  Baltimore  City. 
Hon.  Robert  N.  Martin,  Judge. 

The  Circuit  Court  of  Baltimore  City. 
Hon.  William  Alexander,  Judge. 

10 


144  maryland  judges. 

The  Court  of  Common  Pleas. 

Hon.  Jolin  C.  King,  Judge. 

The  Criminal  Court  of  Baltimore  Citt. 

Hon.  Hugli  Lenox  Bond,  Judge. 

The  fo:  lowing  changes  took  jDlace  in  the  Judges  above  elected,  from 
1864  to  1867 : 

In  the  Court  of  Appeals. — Hon.  Peter  Wood  Crain  was  appointed 
As-^ociate  Justice  by  the  Governor,  ^March  19th,  1867,  to  succeed  Jus- 
tice Cochran,  deceased. 

In  the  Second  Judicial  Circuit. — Hon.  Daniel  Randall  Magruder, 
by  a  decision  of  the  Court  of  Appeals,  was  declared  to  have  been  duly 
elected,  November  7th,  18G5,  in  place  of  Judge  Tuck. 

Attorney  Oeneral. — Alexander  Randall. 


REORGANIZATION    OF    THE    JUDICIARY 

DEPARTMENT, 

Uin)ER  the  Constitution  of  1867. 

In  1867,  on  the  fifth  day  of  October,  a  new  Constitution  went  into 
effect,  which  again  reorganized  the  Judiciary  Department,  and  pro- 
vided f(ir  a  new  election  of  all  the  Judges  in  the  State,  for  a  term  of 
fifteen  years.  It  divided  the  State  into  eight  Judicial  Circuits,  seven 
of  which  are  composed  of  the  counties,  and  the  eighth  of  Baltimore 
city.  The  Court  of  Appeals  consists  of  the  Chief  Judges  of  the  first 
seven  Judicial  Circuits,  and  one  Judge  specially  elected  from  Balti- 
more city;  the  Chief  Judge  is  designated  by  the  Governor. 

The  first  seven  Judicial  Circuits  elect  a  Chief  Judge  and  two  Asso- 
ciate Judges,  and  the  eighth  Circuit,  (Baltimore  city.)  elects  five 
Judges,  one  for  each  Court  in  the  city,  who  also  sit  collectively,  as 
the  Supreme  Bench,  for  special  purposes,  with  Hon.  T.  Parkin  Scott, 
as  Chief  Judge. 

The  Court  of  Appeals  in  1867. 

Chief  Judge. — Hon.  James  Lawrence  Bartol. 

Associate  Judges. — Hon.  James  Augustus  Stewart,  Hon.  John 
Mitchell  Robinson,  Hon.  Richard  Grason,  Hon.  Richard  Henry  Alvey, 
Hon.  Oliver  Miller,  Hon.  Madison  Nelson  and  Hon.  George  Brent. 

THE   CIRCUIT   COURTS   IN   1867. 

First  Judicial  Circuit. 
[Worcester^  Somerset,  Dorchester  and   Wicomico  Counties.'] 
Hon.  James  A.  Stewart,  Chief  Judge. 
Hon.  J.  R.  Franklin  and  Hon.  Levin  T.  H.  Irving,  Associate  Judges. 

Second  Judicial  Circuit. 
{Caroline,    TnJbot,   Queen  Anne's,  Kent  and  Cecil  Counties.] 
Hon.  John  M.  Robinson,  Chief  Judge. 
Hon.  Joseph  A.  W'ickes  and  Hon.  Fred'k  Stump,  Associate  Judges. 

T[fiRD  JuPiriAL  Circuit. 
[Baltimore  and  Harford  Counties.] 
Hon.  Richard  Grason,  Chief  Judge. 
Hon.  Geo.  Yellott  and  Hon.  Alfred  W.  Bateman,  Associate  Judge*. 


HAllYLAND   JUDGES.  145 

ForrtTii  JuPiciAT.  Ciuotjit. 
[AlhffariM  ami   V\'n.<l  ington  Counties.'] 
Hon.  Richard  II.  Alvev,  Chief  Judgf.-. 
Hon.  William  Motter  iind  Hon.  Thonirss  H.  Perry,  Associate  Judges. 

FrFTii  Judicial  Ciiicuit. 
[Anne  Arundel,   Carroll  and  Hu'Cird  Counties.'] 
Hon.  Oliver  Miller,  Chief  .Judge. 
Hon.  Edw.  Hannr.ond  and  Hon.  W.  M.  Hayden,  Associate  Judges. 

Sixth  Judicial  Circuit. 
[Frederick  and  Montgomery   Counties.] 
Hon.  Madison  Nelson,  Chief  Judge. 

Hon.  "\V.  Veirs  Bouic  and  Hon.  John  A.  Lvnch,  Associate  Judges. 
Sevkxth  Judicial  Circuit. 
[Prinre  6eo7'gf^s,   Charlta.   Cahert  and  St.  Mary's  Counties.] 
Hon.  CJi'orge  Brent,  Chief  Judge. 
Hon.  llobert  Ford  and  Hon.  Daniel  R.  Magruder,  Associate  Judges. 

Eighth  Judicial  Circuit. 
[Citf/  of  Bnltimore.] 
The  Supreme  Bench,  Hon.  T.  Parkin  Scott,  Chief  Judge ;    Hon. 
Geoi-cre  W.  Dobbin,  Hon.  Henry  F.  Garey,  Hon.  Campbell  W.  Pinkney 
and  Hon.  Robert  Gilmor.  Jr.,  Associate  Judges. 

The  Judi/es  of  the  Supreme  Bench  of  Baltimore  City  are  assigned 
to  the  following  Courts: 

Superior  Court. — Judge  Dobbin  with  Ju.lge  Garey  to  assist. 
Cocrt  of  Common  Pleas. — J'"dge  Garey  with  Judge  Dobbm  to  assist. 
Criminal  Court. — Judge  Gilmor  with  Judge  Dobbin  to  assist. 
Circuit  Court. — .Jurige  Pinkney  Avith  Judge  Scott  to  assist. 
BaUimoi-e  City  Court. — Judge  Scott  with  .Judge  Pinkney  to  assist. 

The  following  changes  have  taken  place  in  the  Judges  from  18G7 
to  the  date  of  this  publication: 

In  the  Sixth  Judicial  Circuit,  Hon.  Wm.  P.  ]\raulsby,  on  the  20tli 
of  Januaiy,  1S70,  was  appointed  by  the  Governor  Chief  Judge  of  the 
Circuit  and  the  Judge  of  the  Court  of  Appeals,  in  place  of  Judge 
Nelson,  deceased.  At  the  general  election  in  November,  1871,  Hon. 
Richard  Johns  Bowie  was  elected  Chief  Judge  for  lilteen  years. 

In  the  Third  Judicial  Circuit,  Georse  C.  ]Mayiiadier  Vi-as  a])pointed, 
February  28tli,  1871,  Associate  Judge,  in  place  of  Hon.  Alfred  Vr.  Bate- 
man,  who  resigned.  Hon.  James  D.  Walters  was  elected  Judge  for 
fifteen  years  in  place  of  Judge  ^laynadier,  in  November,  1871. 

In  tlie  Fourtli  Judicial  Circuit,  Hon.  George  A.  I^earre  was  elected, 
November,  1871,  for  lifteen  years,  vice  Judge  Perry,  deceased. 

Attorney  General. 

Hon.  Isaac  D.  Jones,  elected  for  four  years.  Hon.  Andrew  K.  Syester, 
elected  November,  1871. 

Clerk  of  Court  op  Appeals. 

James  S.  Franklin,  Esq.,  elected  for  six  years,  from  1867. 


THE    OBPHANS'    COURTS. 

Constitution. — Article  IV,  Part  V,  Section  40. 

TJiree  Judges —  Term — Jurisdiction —  Vacancy. 

Sec.  40.  The  qualified  voters  of  tlie  city  of  Baltimore,  and  of  tli'j 
several  counties,  shall,  on  the  Tuesday  next  after  the  first  Monday  in 
Novenil^cr  next,  and  on  the  same  day  in  every  fourth  year  thereafter, 
elect  three  men  to  be  Judges  of  the  Orphans'  Courts  of  said  city  and 
counties,  respectively,  who  shall  be  citizens  of  the  State,  and  residents 
for  the  twelve  months  preceding,  in  the  city  or  county,  for  which  they 
may  be  elected.  They  shall  luive  all  the  powers  now  vested  in  the 
Orphans'  Courts  of  the  State,  subject  to  such  changes  as  the  Legislature 
may  prescribe.  Each  of  said  Judges  shall  be  paid  a  per  diem  for  the 
time  they  are  actually  in  session,  to  be  regulated  by  law,  and  to  be  paid 
}iy  the  said  city,  or  counties,  respectively.  In  case  of  a  vacancy  in  the 
ohice  of  Judge  of  the  Orphans'  Court,  the  Governor  shall  appoint, 
subject  to  confirmation,  or  rejection  liy  the  Senate,  some  suitable  per- 
son to  till  the  same  for  the  residue  of  the  term. —  Constitution^  Art.  4. 


THE  GENERAL  LAWS  RELATING  TO  ORPHANS' 

COURTS. 

The  provisions  of  the  Pul)lic  General  Laws  in  reference  to  Ori)hai>s' 
Courts,  are  contained  in  Article  98,  Sections  227  to  253,  &c. 

The  Oovernor  Designates  the  Chief  Judges. 

Art.  93,  Sec.  227.  The  Governor  shall,  of  the  three  persons  elected 
Judges  of  the  Orphans'  Court,  in  the  several  counties,  and  m  the  city 
of  Baltimore,  designate  and  commission  one  as  Chief  Judge  of  his  re- 
spective court. 

The  Judges''  Per  Diem. 

Sec  227.*  The  Judges  of  the  Orphans'  Court  of  the  several  counties, 
shall  each  receive  the  sum  of  four  dollars,  and  the  Judges  of  the  Or- 
phans' Court  of  Baltimore  city,  shall  receive  six  dollars  fnr  every 
day's  attendance  upon  the  sessions  of  said  court,  to  be  paid  by  the 
counties  and  the  city  of  Baltimore,  respectively. — 1868,  ch.  169. 

Terms  of  Court. 

Sec  228.  The  Orphans'  Court,  unless  a  different  time  is  prescribed 
by  the  local  law,  shall  be  held  in  each  county  and  the  city  of  Balti- 
more, at  the  usual  place  of  holding  th"  court  of  said  county  or  city,  on 
the  second  Tuesday  in  every  month  of  February,  April,  June,  August, 
October  and  December,  and  oftener  if  need  be,  according  to  its  own 
adjournment;  and  any  one  of  the  judges  of  the  said  court,  in  the  absence 
of  the  others,  shall  have  power  to  hold  the  said  court  at  a  stated  time 
of  adjournment,  only  for  the  purpose  of  adjourning;  any  two  of  them 
shall  have  full  power  to  do  any  act  which  the  said  court  is,  or  shall 
be  authorized  by  law  to  perform,  and  any  two  of  them  shall  have 


148  orphans'  courts. 

l)ower  to  hold  the  court,  on  any  day  not  named  in  an  adjournment, 
I  in  the  application  of  any  person  having  pressing  business  in  the  said 
court ;  Provided,  notice  thereof  be  given  to  all,  and  in  such  case  the 
register  sliall  record  that  such  notice  hath  been  given. 

Recess,  &c. 
Sec.  229.  A  recess  of  the  Orphans'  Court  shall  be  deemed  and  taken 
to  be  not  only  such  days  as  they  may  not  hold  a  court,  but  also  such 
parts  or  portions  of  a  day  as  they  may  not  be  in  actual  session  ;  if 
the  Orphans'  Court  shall  not  meet  on  a  day  lixed  for  its  meeting,  the 
register  shall  adjourn  the  court  from  day  to  day  until  a  meeting  shall 
be  had  according  to  law. 

Jurisdiction. 

Sec.  230.  The  court  shall  have  full  power  to  take  probate  of  wills, 
grant  letters  testamentary  and  of  administration,  direct  the  conduct 
and  settling  the  accounts  of  executors  and  administrators,  superintend 
the  distribution  of  the  estates  of  intestates,  secure  the  rights  of  ori)hans 
and  legatees,  and  to  administer  justice  in  all  matters  relative  to  the 
affairs  of  deceased  persons. 

Potoei's  of  the  Courts —  To  Keep  a  Seal. 

Sec.  231.  The  Orphans'  Courts  shall  have  full  power,  authority  and 
jui'isdiction  to  examine,  hear  and  decree  upon  all  accounts,  (;laims 
and  demands  existing  between  wards  and  their  guardians,  and 
lietween  legatees  or  i)ersons  entitled  to  any  distributive  share  of  an 
intestate's  estate,  and  executors  and  administrators,  and  may  enforce 
•bedience  to  any  execution  of  their  decrees  in  the  same  ample  manner 
as  the  courts  of  equity  in  this  State.  They  shall  keep  a  seal  for  their 
several  courts,  and  for  the  office  of  Register  of  Wills  of  their  county, 
and  the  said  seal  shall  l^e  affixed  to  all  certificates  of  the  court,  or  of 
the  register,  and  to  every  process  and  writ  issued  from  the  court. 

May  Inquire  into  Conduct  of  Guardians. 
Sec.  232.  The  court  may,  on  the  application  of  an  infant,  or  any 
person  in  his  behalf,  suggesting  improper  conduct  in  any  guardian 
whatever,  either  in  relation  to  the  care  and  nianagenicnt  of  the  prop- 
(U'ty  or  person  of  any  infant,  inquire  into  the  same,  and  at  their  dis- 
cretion, remove  such  guardian  and  make  choice  of  another,  v/ho  snail 
give  security,  and  conduct  himself  in  the  manner  herein  prescribed, 
and  shall  receive  the  jjroperty  and  custody  of  the  said  ward. 

May  Summon  Witnesses. 

Sec.  233.  The  court  may  issue  a  summons  for  any  person  concerned 
in  the  affairs  of  a  deceased  pereon,  for  a  witness,  or  any  other  person 
whose  a])i)earancc  in  said  courts  shall  be  deemed  necessary  or  proper 
for  any  purpose.  And  such  sunnnons  may  issue  to  any  county  in  tire 
State,  and  shall  Ije  returnal)le  in  their  discretion,  and  they  may  enforcc- 
(jl)edience  to  their  sunnnons  by  attachment,  and  may  punish  the  party 
for  his  contempt,  by  a  tine  not  exceeding  thirty  dollars. 

May  Commit  Refractory   Witnesses. 
Sec.  234.  The  court  may,  if  a  witness  before  the  court  shall  refuse 
to  give  evidence,  commit  him  to  the  custody  of  the  sheriff  or  coroner, 
:is  the  case  may  lie,  until  he  give  evidence  or  be  discharged,  accoiding 
to  law,  or  they  may  attach  and  sequester  his  estate. 


orphans'  courts.  149 

May  Issrie  Attachment  after  Two  Summonses. 
Src.  235.  The  court  may,  wlicnever  two  summonses  sball  be  regu- 
larly returned  "non  est''  by  the  sheriff,  or  other  officer  of  the  county 
where  the  party  last  resided,  issue  an  attachment  aj^^ainst  his  lands 
and  tenements,  goods  and  chattels,  and  upon  return  thereof,  with  a 
schedule  of  the  property  annexed,  may  by  order  or  commission,  under 
seal,  authorize  some  person  or  persons  to  take  into  his  or  tlieir  cus- 
tody, the  property  contained  in  such  schedule,  or  any  part  thereof, 
and  to  receive  the  profits  thereof,  to  be  accounted  for  until  the  party 
summoned  shall  appear  and  obey  the  order  of  the  court,  or  until  fur- 
ther order;  and  the  sheriff  or  other  officer  sliall  deliver  the  property 
accordingly.  And  the  person  or  persons  to  whom  the  same  shall  be 
committed,  shall,  before  receiving  the  same,  give  bond  with  security 
in  such  penalty  as  the  court  shall  direct,  for  rendering  a  true  account 
of  such  property  and  the  profits,  and  for  the  delivery  of  the  same  ac- 
cording to  the  order  of  the  court,  deducting  such  allowance  for  loss, 
and  such  commission,  not  exceeding  five  per  cent.,  as  the  court  shall 
allow  ;  and  such  bond  shall  be  recorded,  and  be  in  all  respects  on  a 
footing  with  an  administration  bond. 

May  Deliver  the  Property  to  Heirs,  &c. 
Sec.  236.  They  may,  whenever  the  purpose  for  which  the  property 
was  scrjuestered  is  answered,  order  the  same  and  the  profits  thereof, 
deducting  for  loss  and  commission  as  aforesaid,  to  be  delivered  to  the 
party  or  to  his  heirs,  devisees,  or  legal  representatives,  upon  their  re- 
spective applications,  and  satisfying  the  court  of  the  parties'  right  in 
case  the  purposes  for  which  the  attachment  was  issued  cannot  be 
answered. 

May  Order  Money  to  he  Invested,,  &c. 

Sec.  237.  The  Orphans'  Courts  may,  in  their  discretion,  and  when- 
over  to  them  it  shall  seem  proper,  either  ex-officio  or  upon  applica- 
tion, order  any  administrator  to  whom  they  may  have  granted  admin- 
istration, or  any  guardian  whom  they  may  have  appointed,  or  whose 
bond  they  may  have  approved,  to  bring  into  court,  or  place  in  bank, 
or  invest  in  bank,  or  other  incorporated  stock,  or  any  other  good  se- 
curity, any  money,  or  funds  received  by  such  administrator  or  guar- 
dian ;  and  the  court  shall  direct  the  manner  and  form  in  which  such 
money  or  funds  shall  be  placed  in  bank,  or  invested ;  and  the  same 
shall  at  all  times  be  subject  to  the  order  and  control  of  the  court,  and 
if  the  administrator  or  guardian  shall  not,  within  a  reasonable  time 
to  be  fixed  by  the  court,  comply  with  the  order,  his  administration  or 
guardianship  may  be  revoked. 

May  Inquire  into  Property  Conceuleti. 
Sec.  238.  If  an  administrator  bhall  believe  that  any  person  conceals 
any  part  of  his  decedent's  estate,  he  may  file  a  petition  in  the  Orphans" 
Court  of  the  county  in  which  he  obtained  administration,  alleging 
such  concealment,  and  the  court  shall  compel  an  answer  thereto,  on 
oath,  and  if  satisfied  upon  an  examination  of  the  whole  case  that  the 
party  charged  has  concealed  any  part  of  the  personal  estate  of  the 
deceased,  may  order  the  delivery  thereof  to  the  administrator,  and 
may  enforce  obedience  to  such  order  by  attachment,  imprisonment  or 
.sequestration  of  property. 


150  orphans'  courts. 

Pr&disions  of  Preceding  Section  Extended. 

Sec.  239.  The  provisions  of  tlie  aforegoing  section  are  extended  to 
all  cases  where  any  person  interested  in  any  decedent's  estate  shall,  by 
bill  or  petition,  allege  that  the  adniiiiistrator  has  concealed,  or  has  in 
his  hands  and  has  omitted  to  return  in  the  inventory  or  list  of  debts, 
any  part  of  his  decedent's  assets  ;  and  if  the  court  shall  finally  adjudge 
and  decree  in  favor  of  the  allegations  of  snch  petition  or  bill,  in  whole 
or  in  part,  they  shall  order  an  additional  inventory,  or  list  of  debts, 
as  the  case  may  be,  to  be  returned  by  the  administrator,  and  ajjpraise- 
ment  to  be  made  accordingly,  to  comprehend  the  assets  omitted  ;  and 
such  additional  inventory  or  list  of  deljts  shall  have  the  same  eflect 
to  all  intents  and  purposes,  as  any  inventory  or  list  of  debts,  before 
returned;  and  the  court  may  compel  obedience  to  the  said  order  by 
attachment  and  imprisonment,  and  sequestration  of  property  ;  and  if 
the  said  administrator  shall,  either  before  or  after  such  process  of  at- 
tachment, imprisonment  and  sequesti'ation,  fail  to  comply  with  such 
order,  his  administration  may  be  revoked,  and  the  court  may  direct 
Iiis  bond  to  be  put  in  suit,  and  the  assets  ordered  to  be  comprised  in 
such  additional  inventory  or  list  of  debts,  shall  be  decreed  and  taken 
to  be  within  the  condition  of  said  bond. 

May  Cause  Issues  to  he  Sent  to  Circuit  Courts,  &c. 

Sec.  240.  If  upon  the  answer  to  any  petition  or  bill  filed  under  the 
provisions  of  the  last  two  preceding  sections,  either  party  shall  require 
it,  the  court  shall  cause  an  issue  or  issues  to  be  made  up  and  sent  to 
the  Circuit  Court  of  the  county,  or  the  Superior  Court  of  Baltimore 
city,  as  the  case  may  lie,  to  be  there  tried  and  disi^osed  of  as  other  is- 
sues from  the  Orjjhans'  Court;  and  either  party  to  such  bill  or  peti- 
tion may  appeal  to  the  Circuit  Court  of  the  county,  or  the  Superior 
Court  of  Baltimore  city. 

May  Revoke  the  Administration,  &c. 
Sec.  241.  Whenever  any  joint  administrator  or  executor  shall  ap- 
prehend that  he  is  likely  to  suffer  by  the  negligence  or  misconduct  in 
the  administration,  improper  use,  or  misapplication  of  the  assets  of 
the  estate  l)y  any  executor  or  administrator,  he  shall  make  complaint 
to  the  Orphans'  Court,  and  if  the  same  shall  be  adjudged  well  founded, 
the  court  shall  have  authority  in  their  discretion  to  revoke  the  powers 
and  authority  of  the  executor  or  administrator  so  complained  of,  and 
to  enforce  by  attachment  and  commitment,  if  necessary,  the  surrender 
and  delivery  to  the  remaining  executor  or  administrator  of  the  assets, 
and  of  all  book  accounts  and  evidences  of  debt  of  the  estate  that  may 
be  in  the  possession  or  control  of  the  person  so  dismissed  from  the 
administration,  and  the  remaining  executors  or  administrators  shall 
have  remedy  by  an  action  in  the  case  for  the  recovery  of  any  loss  or 
daniage  that  they  may  be  subject  to,  or  suffer  by  the  executor  or  ad- 
ministrator whose  powers  shall  have  been  revoked  as  aforesaid. 

May  Compel  the  rtcndition  of  an  Account. 
Sec.  242.  Whenev(>r  the  Orphans'  Court  shall  revoke  letters  testa- 
mentary, or  of  administration,  or  of  guardianship,  it  sh'dl  1)e  the  duty 
of  the  ])arty  whose  letters  or  guardiaiisliip  may  lie  revoked,  fortlnvitli 
to  render  to  such  court  an  account  of  his  administration  or  guareliau- 


orphans'  courts.  151 

ship,  up  to  the  period  of  the  rendition  of  such  account;  and  in  case 
he  shall  fail  to  do  so  within  the  time  tixed  by  such  court,  tlir-  court  may 
com]jel  the  rendition  of  such  account  by  attachment,  sequestration  of 
property,  and  imprisonment  of  the  party  so  failing,  until  such  account 
shall  be  rendered  as  aforesaid. 

May  Compel  Delivei'y  of  Property  to  a  Hew  Administrator. 

Sec.  243.  Wlien  any  Orphans'  Court  shall  revoke  any  letters  testa- 
mentary, or  of  administration,  and  there  be  no  remaininj?  executor  or 
administrator,  it  shall  be  the  duty  of  the  court  to  appoint  a  new  ad- 
ministrator ;  and  if  the  party  whose  letters  testamentary  or  of  adminis- 
tration may  be  revoked,  shall  not,  within  a  reasonable  time  to  be  fixed 
by  the  court,  deliver  over  to  such  new  administrator,  or  to  the  remain- 
ing executor  or  administrator,  as  the  case  may  be,  all  the  property  of 
the  deceased  remaininjx  in  his  hands  unadminister-ed,  and  also  all  the 
books,  bonds,  notes  and  evidences  of  debt,  or  funds,  and  all  title  to 
proj^erty  or  stocks  which  belong  to,  or  are  due,  or  which  may  become 
due  to  the  decedent,  in  his  possession,  and  also  pay  over  to  such  new 
administrator,  or  remainijig  executor  or  administrator  of  the  decedent, 
all  the  money  due  to  him  as  executor  or  administrator  of  the  dece- 
dent, the  court  may  compel  the  delivery  and  payment  over  as  afore- 
said by  attachment  and  sequestration  of  the  property  of  the  party 
whose  letters  may  be  revoked,  and  m-^y  also  direct  to  be  put  in  suit 
the  administration  or  testamentary  bond  of  such  executor  or  admin- 
istrator whose  letters  have  been  revoked. 

May  Appoint  Neio  Trustee  in  Case  of  Death. 

Sec.  244.  In  all  cases  where  special  Acts  of  Asseml)ly  have  been 
passed,  authorizing  any  Orphans'  Court  to  appoint  a  trustee  to  sell 
and  dispose  of  real  estate,  th*^  property  of  minors,  and  the  trustee  ap- 
pointed hath  died  or  removed  without  completing  his  trust,  the 
Orphans'  Court  of  the  proper  county,  shall  appoint  another  trustee  to 
carry  into  effect  the  provisions  of  the  jDarticular  Act. 

Proccedinjs,  IIoic  Regulated. 

Sec.  245.  The  course  of  proceedimxs  shall  be  regulated  in  each  case 
in  which  proceedings  may  be  had  under  the  preceding  section,  by  the 
provisions  of  the  par'^icular  Act  under  which  a  trustee  has  been  ap- 
])oiiited,  who  has  died  or  removed,  without  fully  executing  and  com- 
pleting his  trust. 

The  New  Executor  made  Party  to  all  Stiits  Pending. 

Sec.  246.  If  letters  testamentary,  or  of  administration,  shall  be  re- 
voked by  the  Orphans'  Court,  and  new  letters  granted^  ])ending  any 
action  at  law  or  in  equity,  against  the  executor  or  administrator, 
whose  letters  are  revoked,  there  shall  he,  the  same  proceedings  to  make 
the  i^-oper  executor  or  administrator  a  party  in  the  action,  iqion  the 
suggestion  of  such  revocation,  as  in  cases  where  a  defendant  has  died 
pending  an  action. 

Scire  Faci/is  to  Isme,  &c. 

Sec.  247.  If  in  the  case  mentioned  in  the  preceding  section  there 
had  been  a  judgment  rendered  previous  to  the  revocation  of  the  let- 
ters, a  scire  facias  shall  issue  upon  such  judgment  against  the  proper 


153  orphans'  courts. 

executor  or  administrator,  siisrgesting  the  revocation  of  the  letters  of 
the  former  executor  or  administrator,  and  there  shall  be  the  same  pro- 
ceedings as  in  ordinary  cases  against  executors  and  administrators. 

Additional  Legal  Proceedings. 

Sec.  248.  If  a  judgment  shall  be  obtained  against  an  executor  or 
administrator,  who  has  been  made  a  party  to  a  suit  in  the  place  of  an 
executor  or  administrator  whose  letters  have  been  revoked,  and  it 
shall  not  be  found  by  the  jury  that  the  executor  or  administrator, 
against  whom  such  judgment  has  been  rendered,  has  assets  sufficient 
to  discharge  the  same,  the  plaintift"  in  such  judgment  may  also  issue  a 
scire  iacias  on  such  judgment  against  the  executor  or  administrator 
whose  letters  h-we  been  revoked,  suggesting  that  such  executor  or  ad- 
ministrator did  receive  assets  of  the  deceased,  liable  to  such  judgment 
more  than  was  paid  over  or  delivered  by  such  executor  or  adminis- 
trator, to  the  person  obtaining  the  said  letters  testamentary  or  of  ad- 
ministration, and  if  the  sam^i  shall  be  controverted,  it  shnll  be  ascer- 
tained by  a  jury  in  the  same  manner  as  in  cases  of  scire  facias,  suggest- 
ing assets  against  the  second  executor  or  administrator,  and  in  case  of 
a  vordift  and  judgment  being  given  against  such  former  executor  or 
administrator,  execution  may  issue  thereon  in  the  same  manner  as 
against  other  executors  and  administrators,  and  the  jilaintiif  may  also 
sue  the  bond  of  such  former  executor  or  administrator. 

May  Direct  Plenary  Proceedings,  &g. 

Sec.  249.  The  Orphans'  Court  may,  in  all  cases  of  controversy 
therein,  upon  the  application  of  either  party,  direct  a  plenary  proceed- 
ing by  bill  or  petition,  to  which  there  shall  be  an  answer  on  oath  ; 
and  if  the  party  refuse  to  answer  any  matter  alleged  in  the  bill  or 
petition  pi'oper  for  the  court  to  decide  upo",  he  may  be  attacln-d, 
lined  and  committed,  or  his  property  may  be  attached  and  sequestered. 

May  Oive  Judgment  or  Decree  in  Certain  Cases. 
Sec.  250.  On  such  plenary  proceeding,  all  the  depositions  shall  be 
taken  in  writing,  and  recorded  ;  and  if  either  party  re(|uire  it,  the 
court  shnll  direct  an  issue  or  issues  to  be  made  up  and  sent  to  any 
court  of  law  convenient  for  trying  the  same,  and  the  issues  shall  be 
tried  in  the  said  court  of  law  as  soon  as  convenient,  without  any  con- 
tiuance  longer  than  may  be  necessary  to  procure  the  attendance  of 
witnesses;  and  the  power  of  the  court  of  law  and  the  proceedings 
thereto  relative,  shall  be  as  directed  by  law,  respecting  the  trial  of 
issues  ;  and  tlie  Orphans'  Court  shall  give  judgment  or  decree  upon 
the  bill  and  answer,  or  the  bill,  answer  and  depositions,  or  finding  of 
the  jur\,  and  may  in  all  cases  of  contest  award  costs  in  their  discre- 
tion, and  com])el  payment  by  attachment  and  tine,  or  by  attachment 
and  sequestration. 

To  he  Filed  in  Proceedings  in  Case  of  Appeal. 

Sec.  251.  In  all  cases  of  ])lenary  proceedings,  or  caveat  filed  in  any 
of  the  Or])han«'  Courts  of  this  State,  where  any  motion  or  ap])lication 
to  the  court  shall  1)C  nuide  in  writing,  it  shall  be  the  duty  of  the  court 
to  reduce  to  writing,  and  sign  the  order  or  decree  that  may  be  made 
by  them  on  such  motion  or  ai)iili(Mti()n,  and  the  said  motion  or  api)li- 
catiou  to  the  court,  and  the  order  or  decree  thereon,  shall  be  filed  as 


OKi'irANs'  coums.  153 

n  part  of  the  proceedings,  and  in  case  of  appeal  from  the  final  decree 
of  the  Orphans'  Court,  be  transmitted  to  the  ajipellate  court  with  the 
other  proceedings,  and  be  subject  to  the  juclgment  and  revision  of 
such  appellate  court. 

y'o  Exercise  no  Jurisdiction  not  Ejfjrressly  ConfeiTcd. 
Sec.  252.  The  Orphans'  Court  shall  not,  under  pretext  of  incidental 
power  or  constructive  authority,  exercise  any  jurisdiction  not  exjjressly 
conferred  by  law  ;  but  every  judgment,  decree,  decision  or  order  of  the 
said  courts  may  be  enforced  l)y  attachment  and  sequestration,  as 
aforesaid;  and  if  the  said  judgment,  decree,  decision  or  order  be  for 
paying  money,  the  property  sequestered  may,  at  the  discretion  of  the 
court,  be  applied  to  the  purpose  for  which  such  judgment,  decree,  de- 
cision or  order  was  given. 

Letters  of  Administration. 
Art.  93,  Sec.  14.  Whenever  any  person  hath  died  intestate,  leaving 
in  this  State  personal  estate,  letters  of  administration  may  forthwith 
be  granted  l>y  the  Orphans'  Court  of  the  county  wherein  was  the 
jiarty's  mansion-house  or  residence;  or  in  case  he  had  no  mansion  or 
residence  within  the  State,  letters  shall  be  granted  in  the  county 
where  the  party  died;  and  in  case  the  party  neither  had  mansion  or 
residence,  nor  died  within  this  State,  letters  may  be  granted  in  the 
county  wherein  lies,  or  is  supposed  to  lie.  a  considerable  part  of  the 
jjarty's  personal  estate.  Nevertheless,  whenever  any  person  dying, 
leaving  in  this  State  property  subject  to  administration,  the  said 
letters  of  administration  shall  be  granted  in  the  county  wherein  was 
the  mansion-house  or  residence  of  the  deceased;  Provided,  he  had 
such  lying  in  said  county, — 1865,  ch.  162,  Sec.  6. 

Concurrent  Jurisdiction. 
Art.  93,  Sec.  283.  The  Orphans'  Courts  of  the  State  shall  have  con- 
current jurisdiction  with  the  several  Circuit  Courts  of  this  State,  as 
Courts  of  Equity,  with  like  powers  to  adopt  rules  and  regulations,  so 
as  to  authorize  and  direct  the  sales  of  real  estate  of  intestates,  where 
the  appraised  value  of  said  real  estate  shall  not  exceed  the  sum  of 
twenty-tive  hundred  dollars,  and  to  confirm  and  ratify  said  sales  in 
the  same  manner  as  such  sales  are  confirmed  and  ratified  by  the  several 
Circuit  Courts  of  the  State  as  Courts  of  Equity. — 1866,  ch.  81. 

Trustee's  Sale  and  Ratif cation,  &c. 

Art.  93,  Sec.  284.  The  Orphans'  Courts  shall  have  the  authority  to 
appoint  a  trustee  to  make  such  sales,  which  trustee  may  be  the  ad- 
ministrator, or  any  other  person,  in  the  discretion  of  the  court,  and 
who  shall  give  bond  with  security,  to  be  approved  by  the  Orphans' 
Court  or  tlie  Register  of  Wills,  and  proceed  with  such  sale  in  the  man- 
ner usu'dly  practiced  in  the  Courts  of  Equity  in  this  State;  and  upon 
the  ratification  of  such  sale  by  the  Orphans'  Court  and  the  payment 
in  full  of  the  purchase  money,  and  not  before,  the  said  trustee  shall 
proceed  to  convey  the  title  of  said  intestate  to  said  real  estate  in  the 
same  manner  as  trustees  under  the  ajipointment  of  Circuit  Courts  are 
now  authorized  to  do,  and  the  said  Orphans'  Court  may  allow  the 
same  commissions  to  any  trustee,  so  appointed,  aS  are  now  allowed  to  a 
trustee  appointed  to  sell  under  a  decree  in  equity ;  Provided,  that  no- 


154  REGISTERS   OF   WILLS. 

thing  herein  contained  shall  apply  to  any  cases  now  pending  in  said 
courts.— 1868,  ch.  336. 

Ouardian  and   Ward — Sales  and  Investments. 

Art.  93.  Sec.  167.  The  Orphans'  Court,  if  they  shall  think  such 
sale  advantageous  to  the  ward,  may  order  any  guardian  to  sell  lease- 
hold estates  of  his  ward,  and  shall  order  the  proceeds  to  be  invested 
in  Ijank  stock  or  any  other  good  security,  in  tlie  name  of  the  ward, 
and  no  sale,  transfer  or  disposal  of  the  said  stock  shall  be  made  with- 
out the  order  of  the  court.  The  said  court  may  also,  if  they  shall 
tliink  the  same  advantageous  to  the  ward,  order  any  guardian  to  lease 
any  leasehold  estates  of  the  ward,  for  the  whole  or  any  part  of  the 
unexpired  term,  on  such  terms  as  may  be  deemed  advantageous; 
Provided,  that  such  agreement  for  a  lease  shall  not  have  any  eflect  un- 
til reported  to  and  a'pproved  by  the  court,  and  the  rents  arising  on 
each  lease  shall  be  accounted  for  as  other  property  or  income  of  the 
ward.— 1868,  ch.  380. 

For  appeals  to  the  Court  of  Appeals,  see  ''Court  of  Appeals." 

Masters  and  Apprentices. 

By  Article  6th  of  the  Public  General  Laws,  the  Orphans'  Court 
may" hear  and  determine  all  matters  in  disjnite  between  masters  and 
apprentices;  may  grant  releases  to  apprentices ;  may  rebind  appren- 
tices that  may  be  released  for  cause  or  otherwise,  and  shall  have  juris- 
diction in  all  matters  jjertaining  to  masters  and  apprentices.  The 
Orphans'  Courts  may  also  bind  out  as  apprentices  such  children  as  are 
sutlering  thiough  the  extreme  indigence  or  poverty  of  their  parents, 
the  children  of  beggars,  illegitimate  children,  and  the  children  of  per- 
sons out  of  the  state  where  sufficient  sustenance  is  not  afforded.— Sec- 
tions 1  and  11. 

[The  Orplians'  Courts  have  other  powers  and  duties  prescribed  by 
the  Testamentary  Laws  of  the  state.] 


THE    REGISTERS    OF    WILLS. 

COKSTITUTION. — ARTICLE    IV. — PaRT    V,    SECTION   41. 

Tlie  provisions  of  the  Constitution,  relating  to  the  Registers  of 
Wills,  are  as  follows  : 

Register  of  Wills — Term — Vacancy. 

Const.  Art.  4,  Sec.  41.  There  shall  be  a  Register  of  Wills  in  each 
county  of  the  State,  and  the  cit}  of  Baltimore,  to  be  elected  by  the 
legal  and  qualified  voters  of  said  counties  and  city,  respectively,  who 
shall  hold  liis  othce  for  six  years  from  the  time  of  his  election,  and 
until  his  successor  is  elected  and  qualified:  he  shall  be  re-eligible, 
and  subject  at  all  times  to  removal  for  wilful  ii'^glect  of  duty,  or  mis- 
demeanor in  office,  in  the  same  manner  that  the  clerks  of  the  courts  are 
removaljlc.  In  the  event  of  any  vacancy  in  the  office  of  Register  of 
Wills,  said  vacancy  shall  be  filled  l)y  th.e  Judges  of  the  Orphans' 
Court,  in  which  such  vacancy  occurs,  until  the  next  general  elccticm 
for  Delegates  to  the  General  Assembly,  when  a  Register  shall  be 
elected  to  serve  for  six  years  thereafter. 


HEGISTEKS   OF   WILLS.  ^■io 

Compensation  of  licr/isters. 
Const.  Akt.  3,  Sec.  4.1.  l^rnvidcs  that  tlie  amount  of  rompcTipntion 
to  a  Register  of  Wills  in  any  of  the  counties  sliiill  not  exceed  the  sum 
of  three  tliousand  dollars  a  year,  and  in  the  city  of  Baltimore,  thirty- 
tive  hundred  dollars  a  year,  over  and  above  ofhce  expenses  and  com- 
]iensation  to  assistants;  and  provides  further,  that  such  comijensatlon 
of  Registers'  assistants  and  office  expenses  shall  always  bejiaid  out  of 
the  fees  or  receii:)ts  of  the  oflice. 

Tie  Vote  or  Contested  Election. — In  case  of  a  tie  vote  at  the  election 
of  .Judges,  (,'lerks  or  Registers'of  Wills,  or  any  contested  election,  see 
Constitution,  Article  4,  Sec.  12. 


THE   DUTIES   OF   REGISTERS   OF  WILLS   UNDER 
THE   GENERAL   LAWS. 

The  duties  of  the  Register  of  Wills  are  prescribed  by  tlie  Public 
Geneial  Laws,  Article  9-3,  Sections  253  to  272,  <&c.,  as  follows: 

Register's  Bond,  $7,000. 
Sec.  253.  The  Register  of  Wills  in  eacli  county,  before  he  acts  as 
such,  shall  give  bond  with  two  good  and  sufficient  securities  in  the 
pcnnl  sum  of  seven  thousand  dollars,  payable  to  tliis  State,  conditioned 
lor  the  faithful  performance  of  his  said  office  of  Register  of  Wills, 
which  bond  shall  be  taken  and  securities  approved  by  the  Judges  of 
the  Orphans'  Court  and  recorded  in  the  office  of  the  clerk  of  the 
C'ircuit  Court  for  the  county  in  which  the  party  so  executing  the 
bond  shall  live,  or  the  Superior  Court  of  Baltimore  city,  if  Register 
of  said  city;  and  every  Register  shall  renew  his  bond  on  or  before 
the  31st  day  of  December,  in  every  second  year. — 1801,  ch.  83. 

In  Default  of  Oivina  Bond,  $1,000  Penalty. 

Sec.  254.  On  default  of  any  R^^ffister  of  Wills  to  execute  the  bond 
required  by  the  preceding  section,  within  the  time  therein  prescribed, 
such  defaulter  shall  be  sul)ject  to  a  penalty  of  one  thousand  dollars,  to 
1)0  recovered  by  indictment,  in  the  name  of  the  State,  in  the  Circuit 
( 'ourt  of  the  county  in  which  such  officer  shall  reside,  or  if  he  reside 
in  the  city  of  Baltimore,  to  be  recovered  by  indictment  in  the  Crimi- 
nal Court  of  Baltimore. 

Copy  of  Bond  Sent  to  Qorernor. 
Sec.  255.  It  shall  be  the  duty  of  each  Register  of  Wills  to  transmit 
to  the  Governor,  on  the  first  Monday  of  October  next  after  the  execu- 
tion of  said  bond,  a  certified  coj^y  of  the  bond  executed  by  him. 

Duties  of  the  Register. 
Sec.  256.  Each  Register  shall  diligentlv  attend  each  meeting  of  the 
Orphans'  Court  in  his  county  or  city,  and  vmder  their  direction  make 
iiiU  and  fair  entries  of  their  proceedings,  and  also  make  a  lair  record 
in  a  strong  bound  book  or  books,  of  all  vi'ills  proved  before  him  or 
tiie  said  court,  or  authenticated  according  to  law,  and  of  all  other 
matters  by  law  directed  to  be  recorded  in  tlie  said  court,  or  in  his 
ollice  ;  he  shall  make  out  and  issue  every  summons,  process,  or  order 
(if  the  court,  and  shall,  in  every  respect,  act  under  their  control  and 


156  hegisteks  of  wills. 

direction,  as  the  clerk  of  a  court  of  law  is  under  the  direction  of  the 
said  court  of  law  ;  and  he  sliall  give  out  and  certify  under  the  seal  of 
the  court,  any  copy  of  any  jiart  of  the  proceedings  in  the  court,  or  in 
his  office,  which  any  person  may  demand,  and  he  shall  be  entitled  to 
a  reward  for  any  service  by  him  done,  according  to  the  table  of  tees 
now  or  hereafter  settled  by  law. 

To  Attend  His  Office  Daily. 

Sec.  257.  He  shall  attend  his  office  daily  in  person  or  by  deputy 
unless  prevented  by  sickness,  accident-  or  necessi^-y,  for  the  dispatch 
of  office  business;  he  shall  lodge  every  orignal  pajjer  and  record  by 
him  made  uji,  in  son^e  repository  of  the  court  house  of  the  county  or 
city,  or  in  such  other  place  of  safety  as  the  said  court  may  appoint, 
and  the  County  Commissioners  of  the  county,  or  Mayor  and  City  Coun- 
cil of  Baltimore,  shall  2)rovide  and  keej)  in  rej^air  the  said  repositorA" 
at  the  county's  charge. 

Duties  in  the  Recess. 

Sec.  258.  He  may,  in  the  recess  of  the  Orphans''  Court,  receive  in- 
ventories and  accounts  of  sales,  examine  vouchers,  and  state  guardians 
and  administrators'  accounts,  subject  to  the  review  of  and  tinal  pas- 
sage or  rejection  by  the  Orjihans'  Court. 

May  Take  Probate  of  Accounts. 

Sec.  259.  He  may  take  probate  of  accounts  against  deceased  per- 
sons' estates,  that  are  proper  to  be  brought  before  him,  or  before  i\\v 
Oii^hans'  Court,  for  passage  or  settlement. 

May  Pass  Claims,  t£-c.,  liot  Over'  $50. 

Sec.  260.  He  may,  in  the  recess  of  the  Orphans'  Court,  pass  any 
account  against  the  estate  of  any  deceased  person,  where  the  amount 
of  such  account  or  claim  doth  nrt  exceed  the  sum  of  tifty  dollars  ;  and 
shall  keep  a  record  of  every  claim  passed  by  him,  in  the  same  manner 
as  of  claims  passed  by  the  Orphans'  Court. 

May  Take  Probate  of  Wills  during  Recess. 

Sec.  261.  He  may,  during  the  recess  of  the  Orphans'  Court,  take  the 
probate  of  wills,  and  grant  letters  testamentary  or  of  administration. 

Penalty  of  $100  for  Accepting  Gifts,  dc. 

Sec.  262.  He  shall  not  demand,  take  or  receive  from  any  person 
whatsoever,  any  fee,  gratuity,  gift,  or  reward,  for  giving  his  advice  in 
any  matter  or  thing  relative  to  his  office,  under  the  penalty  of  one 
hundred  dollars. 

Same  Penalty  for  Receiving  Reirai'd  for  Other  Services. 

Sec.  263.  He  shall  not  plead  as  an  attorney  in  any  court  in  tlit- 
county  wliere  he  is  register,  for  any  person,  on  any  pretence  what- 
soever ;  and  shall  not  exact,  extort,  demand,  take,  uccejjt  or  receive 
from  any  i)ers()n  whatsoever,  any  fee,  gratuity,  gift  or  reward,  for  giv- 
ing his  advice  in  any  matter  or  thing  that  will  be  transacted  in  the 
courts  of  the  county  where  he  is  Register,  under  the  penalty  of  one 
hundred  dollars  for  each  ofl'ence. 

[Sections  264  and  265  relate  to  Free  Negroes,  &c.,  and  are  obsolete] 


KEOISTER8   OF   WILLS.  157 

Register  to  Act  as  Auditor  under  Penalty. 

Sko.  266.  In  all  cases  where  a  Register  of  Wills  has  been  appointed 
aiuiitor  for  the  purpose  of  asct-Ttaiiiing  the  sum  for  which  juilgnient 
shtill  be  rendered  against  any  executor  or  administrator,  it  sliall  be^ 
his  duty  to  act  in  virtue  of  such  appointment,  under  the  penalty  of 
tifty  ddllars  for  every  such  nesrlect;  and  in  all  cases  where  a  person 
O'her  than  the  Register  of 'Wilis  hath  been  appointed  as  aforesaid,  who 
shall  re*"use  t'>  act,  the  Register  of  Wills  shall  be  ajipoiiited  auditor 
in  the  place  of  the  person  refusing,  and  shall  iorthwith  proceed  to  dis- 
charge the  duties  thereof,  under  the  ponalty  above  mentioned.  And 
the  said  register,  and  every  other  person  who  shall  act  as  auditor, 
shall  be  allowed  f<n-  his  trouble  the  same  fee  as  the  register  is  i)y  law- 
entitled  to  receive  for  the  stating  an  account  of  the  same  numtier  of 
sides  which  any  statement  by  him  to  be  made  as  auditor  shall  con- 
tain, to  V)e  ])aid  by  the  ])hiiutiIrto  such  auditor,  and  to  be  allowed  to 
such  plaintiff  in  "his  costs  agiiinst  the  executor  or  administrator  as 
other  costs  are  taxed  against  them. 

Register^  Pay  Not  to  Exceed  $2500  per  year. 

Sec.  267.  Every  Register,  tlie  emoluments  of  whose  office  shall  ex- 
ceed the  sum  of  two  tliousand  five  hundred  dollars  in  any  one  year, 
afier  deducting  therefrom  the  necessary  expenses  incident  to  his  office 
for  the  same  period,  shall  pay  the  excess  to  the  treasurer. — See  Consti- 
tution, Article  3,  Section  45. 

To  Mal-e  Semi- Annual  Report  a  of  Fees. 

Sec.  208.  Every  Register  shall  return  to  the  Com])troller  on  the 
first  Monday  of  June  and  December  in  every  year,  a  full  and  accurate 
account  of  all  his  fees,  emoluments  and  receipts,  and  of  all  the  ex- 
penses incident  to  his  office,  and  such  account  shall  be  rendered  under 
oath,  and  in  such  form,  and  shall  be  supported  by  such  proofs  as  shall 
be  prescrilied  by  the  Comptroller;  and  every  Register  shall  render  with 
his  accounts  of  the  expenses  incident  to  his  office,  a  list  of  the  clerks 
employed  l)y  him.  stating  the  rate  of  compensation  allowed  to  each, 
and  the  duties  which  they  severally  perform,  and  also  an  account  of 
the  sums  paid  for  stationery,  official  or  contingent  expenses,  fuel  and 
other  things,  and  stating  the  purposes  for  which  said  expenses  are 
aj)])]ied  :  and  in  the  account  of  fees  there  shall  be  a  separate  statement 
of  all  those  fees  charged  during  the  six  months  included  in  said  ac- 
count which,  at  the  elate  of  said  account,  remain  uncollected. — 1802, 
eh.  269. 

False  Swearing. 

Sec.  269.  Any  Register  who  shall  be  guilty  of  false  swearing  in 
taking  the  oath  rcfiuired  by  the  preceding  section,  with  the  intention 
to  deceive  and  defraud  the  treasury,  shall  Ix;  guilty  of  perjury. 

Bond  for  Emoluments,  $2500. 

Sec.  270.  The  official  bond  of  such  Register  shall  be  answerable 
for  the  emoluments  of  his  office  over  and  above  the  sum  of  two  thous- 
and live  hundred  dollars,  herein  provided,  and  he  shall  also  upon 
liiilurc  or  neglect  to  pay  or  account  iiir  the  excess  over  and  above  saiil 
sum,  be  subjected  to  a  fine  not  exceed  one  thousand  dollars. 


158  REGISTERS    OF   WILLS. 

Comptroller  to  Fix  the  Number  and  Pay  of  Assistant  Clerics. 

Sec.  371.  The  Comptroller  shall,  from  time  to  time,  limit  and  fix 
the  number  and  compensation  of  the  assistant  clerks  or  deputies  to  be 
em])loyed  by  any  such  Register,  and  no  account  for  compensation  for 
services  of  any  assistant  clerk,  deputy  or  other  person  employed  in 
])erformin.a:  any  of  the  duties  pertaining  to  the  office  of  any  such 
Kegister,  shall  be  allowed  until  such  assistant  or  other  jDcrson  employ- 
ed shall  have  certified,  under  oath,  that  the  same  services  have  been 
pcvfjrnied,  that  he  has  received  the  full  sum  therein  charged  to  his 
own  use  and  benefit,  and  that  he  has  not  paid,  deposited  or  assigned, 
nor  contracted  to  pay,  deposit  or  assign,  any  part  of  such  compensa- 
tion to  the  use  of  any  person,  nor  in  any  way  directly  or  indirectly 
])aid,  or  given,  nor  contracted  to  pay  or  give,  any  reward  or  compen- 
sation for  his  office  or  emi)loyment,  or  the  emoluments  thereof 

Entry  of  Claims  Against  Decedents. 

Art.  93,  Sec.  114.  The  Register  of  Wills  shall  enter  in  a  suitable 
book,  to  be  provided  by  him  for  that  purpose,  all  claims  against  a 
decedent,  in  regular  order,  as  they  are  passed  by  the  Orphans'  Court 
or  Register  of  YVills,  giving  the  date  of  the  passage,  the  name  of  the 
creditor,  the  character  of  such  claim,  whether  open  account,  note, 
bond,  bill  o])ligatory,  judgment  or  ..other  evidence  of  debt,  and  the 
amount  thereof;  if  an  open  account,  the  interest  due  thereon  up  to 
the  date  of  the  passage,  shall  be  stated  separately ;  if  a  note,  ])ond, 
bill  obligatory,  judgment,  or  other  evidence  of  debt,  the  date  thereof, 
and  the  date  from  which  interest  begins  to  run,  shall  also  be  stated, 
and  other  j^articulars  of  such  claims ;  and  the  entry  of  a  claim  upon 
such  book  shall  be  taken  as  notice  to  the  administrator  of  its  exist- 
ence ;  and  the  Register  of  AVills  shall  be  entitled  to  receive,  for  mak- 
ing such  entry  of  each  claim,  the  sum  of  ten  cents,  to  be  paid  by  the 
claimant— 1863,  ch.  143. 

To  Receive  Ambulatory  Wills  for  Safe  Keeping. 
Art.  93,  Sec.  339.  Every  Register  of  Wills  in  this  State  shall  re- 
ceive, for  safe  keeping,  the  will  of  any  living  i^erson  who  resides  in 
the  city  or  county  for  which  such  Register  is  appointed,  every  such 
will  being  first  sealed  up  and  endorsed  with  the  name  of  the  testator, 
its  date,  and  the  date  of  its  delivery  to  tlie  Register,  and  the  name  of 
the  executor  or  other  person  to  whom  it  may'  be  delivered  at  the  death 
of  the  tc«tator ;  and  such  Register  shall  receive  for  each  will  so  de- 
posited tifty  cents,  and  shall  immediately  index  it  in  an  index  to  be 
ke])t  for  that  purpose,  and  there  keep  it  in  his  office  in  a  depository 
to  be  ]vei)t  for  tliat  purpose,  until  the  death  of  the  testator,  unless  de- 
li veretl  to  such  testator  or  to  his  order,  in  his  lifetime,  upon  a  receipt 
therefor  bemg  given  on  said  index. — 1864,  ch.  157. 

Fees  of  Registers  of  Wilh. 

The  fees  of  Registers  of  Wills  are  prescril)ed  by  Sec.  36  of  Article 
38,  Pulilic  General  Laws,  entitled  "Fees  of  Officers,"  as  follows: 

Sec.  20.  The  Registers  of  Wills  shall  be  allowed  the  fees  following, 
to  wit: 

For  taking  probate  of  will,  entering  the  names,  all  necessary 
oaths  included,  $    75 


REGISTERS   OF   WILLS.  159 

For  granting  letters  testamentary,  or  of  administration,  letters 
de  lionis  non,  or  ad  collirrendum.  (wlictlier  one  or  more  per- 
sons be  included  therein.)  drafting,  taking,  filing  and  record- 
ing bond,  issuing  warrant  with  oath  to  appraisers,  and  ad- 
ministering the  necessary  oaths  to  tlie  person  or  persons  to 
whom  such  letters  may  be  granted,  including  all  seals  to  let- 
ters and  warrants  to  appraisers,  $3  50 

For  transcript  of  a  will  to  he  annexed  to  letters  testamentary 
or  of  administration,  for  every  ten  words  or  figures  thereof, 
and  so  pro  rata.  "  1 

For  drafting,  taking  and  entering  the  renunciation  of  a  widow, 
executor,  guardian  or  other  person,  10 

For  every  certificate  annexed  to  or  endorsed  on  any  paper  or 
instrument  not  filed  or  recorded  in  the  office  without  seal, 
when  so  required,  8 

For  every  search  made  for  any  matter  or  thing  above  a  year's 
standing,  however  remotV  or  distant  the  period  may  be,  if 
found.  '  15 

For  affixing  the  seal  of  office  to  any  certificate,  transcript,  ex- 
emplification or  other  paper,  if  expressly  required  by  law,  or 
any  person,  but  in  no  other  case,  10 

For  examining  and  passing  every  claim  or  voucher  against  a 
deceased  person's  estate  and  endorsing  ceitificate  thereof  on 
eveiy  stich  claim  or  voucher  when  passed  by  the  court  or 
register,  for  each,  10 

For  stating  and  passing  every  account  of  an  executor,  adminis- 
trator, collector  or  guardian,  including  all  searches  and  refer- 
ences for  that  purpose,  for  every  ten  words  or  figures  in  said 
account,  and  so  ])ro  rata,  '  3 

For  every  voucher  against  a  deceased  person's  estate  or  a  minor, 
entered  in  each  account  so  stated  and  passed  in  addition 
thereto,  5 

For  entering  and  recording  the  appointment  of  a  guardian  and 
approval  of  securities,  10 

For  drafting,  taking  and  filing  a  guardian's  bond,  50 

For  taking,  filing  and  recording  t^^e  recognizance  or  indenture 
of  an  apprentice  Ijound  by  tlie  Orphans'  C(nirt,  50 

For  exemi^lification  of  letters  testamentary  without  a  cojjy  of 
will,  or  of  administration  under  seal  of  office,  50 

For  making  out  the  balance  and  distributicm  of  a  deceased  per- 
son's estate,  including  all  searches  and  references  for  that 
purpose,  50 

For  entering  the  appointment  of  persons  to  ascertain  and  re- 
l^ort  the  annual  value  of  the  real  or  personal  estate  of  minors, 
and  issuing  warrant  under  seal  with  probate  thereon,  75 

For  issuing  a  second  or  other  warrant  under  seal  of  office  for 
the  appraisement  of  personal  property  or  assets  belonging  to 
a  deceased  person's  estate,  with  a  probate  thereon,  50 

For  granting  on  parchment  a  certificate  of  freedom  or  pass,  un- 
der seal  of  office,  and   recordinsr  or  re^isterincr  the  same. 
Without  any  additional  charge  for  a  search  of  will  or  testa- 
ment, 1  00 
11 


160  KEGISTERS   OF    WILLS. 

For  entering  and  recordinc^  an  order  of  court  for  a  sale  of 
property,  and  a  transcript  thereof  under  certificate  and  seal 
of  office,  $     50 

For  entering  an  order  of  court  to  notify  creditors  to  produce 
tlieir  claims,  and  a  transcript  thereof  under  a  certificate  and 
seal  of  office,  50 

For  entering  an  appeal  with  prayer  and  order  in  relation 
thereto,  ...  ^^ 

For  taxing,  making  out  and  filing  a  bill  of  costs  of  the  parties 
to  a  petition,  libel,  caveat,  or  in  any  case  of  controversy,  with 
the  several  items  or  articles  at  large,  15 

For  a  copy  thereof,  if  demanded  and  delivered,  10 

For  making  out  docket  for  the  OiiDlians'  Court,  for  every  ten 

words  or  figures  written,  and  so  pro  rata,  1^ 

For  alphabeting  every  instrument,  proceeding,  paper  or  other 
matter  recorded  in  the  office,  and  endorsing  or  entering  there- 
on a  certificate  referring  to  the  record,  other  than  alj^habets 
to  the  docket  of  citations  and  attachments,  5 

For  filing,  entering,  endorsing  and  preserving  each  paper  in 
any  controverted  case,  and  not  otherwise  charged  for,  5 

For  issuing  summons,  attachment  or  other  process  where  there 
are  one  or  more  persons,  under  seal,  30 

For  writing  and  taking  probate  of  account  or  claim  against  es- 
tates of  deceased  persons,  including  the  oaths,  10 

For  an  entry  on  the  docket  not  herein  provided  for,  if  allowed 
by  the  Orphans'  Court,  5 

For  entering  any  judgment,  order  or  decree  of  the  Orphans' 
Court,  _  25 

For  recording  or  transcribing  any  paper  or  thing  not  herein 
l^rovided  for,  for  every  ten  words  or  figures,  and  so  pro  rata,         1 

For  recording  indenture  of  apprentice  bound  by  his  father  or 
himself,  or  by  the  trustees  of  the  poor,  40 

For  receiving  and  paying  over  any  taxes  due  the  State  or  other 
public  money,  he  shall  retain  five  per  centum,  except  in  the 
city  of  Baltimore,  where  he  shall  retaiix  two  per  centum. 


Clerics  and  Registers  of  Wilh. 

Article  81  of  the  Pul)lic  General  Laws,  relating  to  "Revenue  and 
Taxes,"  provides  as  follows: 

Sec.  146.  It  shall  be  the  duty  of  the  several  Clerks  and  the  several 
Registers  of  Wills  in  this  State  to  account  with  upon  oath  and  pay  to 
the  Treasurer,  on  the  first  Monday  of  March,  .lune,  September  and  De- 
cember in  each  and  every  year,  all  sums  of  money  received  by  them,  re- 
spectively, under  this  Article,  for  which  they  shall  be  allowed  a  com- 
mission of  five  per  centum  upon  the  amount  so  paid  over. — 1866,  ch.  96. 

Sec.  147.  Provides  that  if  Clerks  or  Registers  fail  to  pay  over  as  re- 
quired, the  Comptroller  is  to  notify  the  State's  Attorney,  who  shall 
sue  the  bond  of  said  officers  to  recover  amount  due  with  ten  per  cent, 
interest.  Upon  recovery,  said  clerk  or  Register  shall  be  removed  from 
office,  and  forleit  his  commissions. — Ibid. 


THE  JUSTICES  OF  THE  PEACE, 
AND  CONSTABLES. 

Article  IV. — Part  VI,  Sections  42  and  43. 

The  following  provisions  of  tlie  Constitution  relate  to  the  office  of 
Justice  of  the  Peace  and  Constables : 

Governor  to  appoint  Jmtices — Appointment  of  Constables — Removal — 

Term — Jurisdiction. 

Const.  Art.  4,  Sec.  42.  The  Governor,  by  and  with  the  advice  and 
consent  of  the  Senate,  shall  appoint  such  number  of  Justices  of  the 
Peace,  and  the  County  Commissioners  of  the  several  counties,  and  the 
Mayor  and  City  Council  of  Baltimore,  respectively,  shall  appoint  such 
number  of  Constables,  for  the  several  Election  Districts  of  the  coun- 
ties and  wards  of  the  city  of  Baltimore,  as  are  now,  or  may  hereafter 
be  prescribed  by  law;  and  Justices  of  the  Peace  and  Constables,  so 
appointed,  shall  be  subject  to  removal  by  the  Judge,  or  Judges,  hav- 
ing criminal  jurisdiction  in  the  county,  or  city,  for  incompetency, 
willful  reglect  of  duty,  or  misdemeanor  in  office,  on  conviction  in  a 
court  of  law.  The  Justices  of  the  Peace  and  Constables,  so  appoint- 
ed and  commissioned,  shall  be  conservators  of  the  peace,  shall  hold 
their  oflice  for  two  years,  and  shall  have  such  jurisdiction,  duties  and 
compensation,  subject  to  such  right  of  appeal,  in  all  cases,  from  the 
judgment  of  Justices  of  the  Peace,  as  hath  been  heretofore  exercised, 
or  shall  be  hereafter  prescribed  by  law. 

Vacancies. 
Const.  Art.  4,  Sec.  43.  In  the  event  of  a  vacancy  in  the  office  of  a 
Justice  of  the  Peace,  the  Governor  shall  appoint  a  person  to  serve  as 
Justice  of  the  Peace  for  the  residue  of  the  term ;  and  in  case  of  a 
vacancy  in  the  office  of  Constable,  the  County  Commissioners  of  tlie 
county  in  which  the  vacancy  occurs,  or  the  Mayor  and  City  Coimcil 
of  Baltimore,  as  the  case  mny  be,  shall  appoint  a  person  to  serve  as 
Constable  for  the  residue  of  the  term. 


POWERS   AND   DUTIES   OF  JUSTICES   OF   THE   PEACE, 
UNDER   THE   GENERAL   LAWS. 

The  powers  and  duties  of  the  Justices  of  the  Peace,  under  the  Pub- 
lic General  Laws,  Article  51,  and  other  Articles,  are  as  follows: 

Justices  Shall  Qualify  Within  Thirty  Days. 
Art.  51,  Sec.  1.  Every  Justice  of  the  Peace  shall,  within  thirty 
days  after  his  commission  shall  have  been  received  in  the  clerk's 
office  of  the  county  or  city,  take  and  subscribe  the  oaths  and  declara- 
tion prescribed  by  the  Constitution;  and  upon  his  failure  to  do  so, 
his  office  shall  be  deemed  vacant. 


163  JUSTICES   OF   THE    PEACE. 

Fine  of  $40  for  Acting  Before  Taking  Oath. 

Sec.  2.  No  person  commissioned  as  a  Justi<^p  of  the  Peace  shall  act 
as  such  before  he  has  taken  the  oatli**  and  made  th^^  declaration  re- 
quired by  law;  and  everj'  person  violating  this  section  shall,  for  each 
offence,  forfeit  and  pay  the  sum  of  forty  dollars. 

Cannot  Accept  any   United  States'  Office. 
Sec.  3.  If  any  Justice  of  the  Peace,  having  qualified  as  such,  shall 
accept  of  any  office  under  the  Government  of  the  United  States,  and 
shall  still  act  as  Justice  of  the  Peace,  he  shall  forfeit  and  pay  for  every 
such  offence  the  sum  of  forty  dollars. 

Two  Justices  foi'  every  New   Tl'ar^  and.  District. 

Sec.  4.  For  each  new  election  district  that  may  be  formed  and 
established  in  the  several  counties,  and  for  each  additional  ward  that 
may  l)e  created  in  the  city  of  Baltimore,  there  shall  be  elected  by  the 
legal,  and  qualified  voters  thereof  at  the  time  of  electing  Justices  in 
the  other  districts  and  wards,  two  Justices  of  the  Peace,  unless  a  dif- 
ferent numljer  be  specially  provided  by  law. 

3Iay  Hear  and  Determine  Cases. 

Sec.  5.  Any  Justice  of  the  Peace  of  the  county  where  the  defendant 
resides  may,  if  the  case  be  within  his  jurisdiction,  try,  hear  and  de- 
termine the  matter  in  controversy  between  the  plaintiff"  and  defendant, 
upon  full  hearing  of  the  allegations  and  evidence  of  both  parties,  and 
shall  give  judgment  according  to  the  laws  of  the  land,  and.  the  equity 
and  right  of  the  matter. 

Shall  Keep  a  Docket,  &c. 

Sec  6.  Each  Jus^-ice  of  the  Peace  shall  keej:)  a  docket,  and  therein 
record  and  make  regular  entries  of  his  proceedings  in  all  cases  in 
which  he  sliall  act  in  virtue  of  his  otiice ;  and  he  shall  furnish  the 
plaintiff  and  defendant  respectively  with  a  cojjy  of  any  judgment  by 
him  given  when  required. 

Justices  Responsible  for  Omissions  in  Docket. 
Sec  7.  If  any  Justice  shall  onrt  to  keep  a  docket,  so  thqt  by  such 
neglect  or  omission  the  plaintiff  (having  obtained  a  judgment  before 
such  Justice)  shall  lose  his  debt,  the  Justice  shall  satisfy  to  the  said 
plaintiff  the  debt,  interest  and  costs  so  lost. 

Shall  Keep  Index  to  Docket. 
Sec  8.  Each  .Justice  shall  also  keep  a  full  ali)habet  or  index  to  his 
docket,  under  a  i)enalty  of  two  dollars,  to  be  recovered  on  presentment 
by  the  grand  jury,  one-half  to  the  informer  and  the  other  half  to  the 
use  of  the  county. 

Delivery  of  Docket  on  Resignation,  ct-c,  to  Clerk  of  Court. 

Sec  9.  Wlienever  a  Justice  of  the  Peace  shall  vacate  his  office  by 
resignation,  removal  from  office  or  the  exi)iration  of  his  official  term, 
he  shall  deliver  his  docket,  together  with  all  the  notes.  l)<)nds,  accounts 
and  i)ai)ers  in  his  jjossession  apj)crtaining  to  judgments,  or  whereupon 
suits  have  l>een  entered  to  the  Clerk  of  the  Circuit  Court  of  the  county 
in  which  such  Justice  resides,  or  to  the  Clerk  of  the  Court  of  Common 


JUSTICES   OF   THE   PEACE.  163 

Picas  in  cnse  such  Justice  resides  within  the  city  of  Raltimore,  with- 
in tliirty  days  after  such  resignation,  removal  from  office  or  expiration 
of  ofRcial  term  ;  and  any  Justice  of  the  Peace  who  shall  fail  to  deliver 
his  docket  as  ajj^reed  (in  case  tlie  said  docket  shall  not  have  been  un- 
avoidalily  lost  or  destroyed)  shall  be  deemed  guilty  of  a  misdemeanor, 
and  on  conviction  thereof  shall  be  subject  to  a  tine  of  two  hundred 
dollars  or  to  six  months  imprisonment  in  the  jail  of  the  county  or 
city,  at  the  discretion  of  the  court. — 18(i4,  ch.  171). 

In  Case  of  Death  of  Jmtice,  Administratoi'  Resp<m»ible  for 
Delivery  of  Docket. 

Sec.  10.  If  a  Justice  of  the  Peace  dies,  the  delivery  provided  for  in 
the  preceding  Section  shall  be  made  by  his  administrator,  or  other 
person  in  whose  liands  the  said  docket  and  papers  may  be,  within 
thirty  days  after  receiving  the  same;  and  such  administrator  or  other 
person  shall  l)e  subject  to  the  same  penalty  for  neglect  or  failure  to 
make  such  delivery  which  is  ajjpointed  in  tho  lust  preceding  Sec- 
tion.—18G4,  ch.  179. 

Clerics  to  Keep  Dockets,  c6c.,  as  Recn-ds. 

Sec.  11.  The  clerks  to  whom  sucii  dockets  and  papers  are  delivered 
shall  keep  the  same  as  other  records,  and  shall  deliver  transcripts  from 
the  dockets  or  papers  so  returned  to  the  person  ai)])lying  for  th§  same. 

A  Justice  May  Issue  a  Process  on  Copy  of  another  Justice's  Docket. 

Sec.  12.  Any  Justice  of  the  Peace  of  tlie  same  county  may  issue 
prof^ess  of  any  sort  on  a  copy  of  another  Justice's  docket,  made  by  the 
clerk,  if  the  docket  has  been  delivered  to  him,  that  he  might  issue  if 
the  docket  had  been  kept  by  himself 

Civil  Jurisdiction. 
Sec.  13._The  civil  jurisdiction  of  Justices  of  the  Peace  extends  to 
all  cases  for  the  enforcement  of  contracts,  and  to  obtain  redress  for 
wrongs  where  the  debt  or  damages  claimed  shall  not  exceed  one  hun- 
dred dollars  ;  to  all  suits  on  bonds  with  penalty  exceeding  one  hun- 
dred dollars,  where  the  sum  due  and  claimed  does  not  exceed  one 
hundred  dollars  ;  to  actions  of  replevin,  where  the  value  of  the  thing 
in  controversy  does  not  exceed  one  hundred  dollars,  and  which  value 
shall  be  ascertained  by  appraisers  summoned  and  sworn  by  the  sheriff 
or  other  officer  to  whom  the  writ  of  replevin  is  directed ;  and  to  all 
cases  of  attachment  against  non-resident  or  absconding  debtors,  where 
the  sum  claimed  does  not  exceed  one  hundred  dollars. 

Jiistices  Tiuve  no  Jurisdiction  in  Certain  Cases. 

Sec.  14.  But  no  Justice  of  the  Peace  shall  have  any  jurisdiction  in 
actions  where  the  title  to  lands  is  involved,  nor  in  actions  for  slander, 
for  breach  of  promise  to  marry,  or  to  enforce  any  lien  for  work  or 
materials  furnished. 

Actions  of  Replevin. 

Sec.  15.  In  all  actions  of  replevin,  the  proceedings  before  Justices 
of  the  Peace  shall  be  similar  to  those  in  the  several  Circuit  Courts  of 
this  state. 


164  JUSTICES   OP   THE    PEACE. 

Concurrent  Jurisdiction  of  Circuit  Courts,  over  $50. 

Sec.  16.  In  a,ll  cases  where  the  amount  daimed  or  the  thins?  in  ac- 
tion exceeds  the  snm  or  value  of  fifty  dolhirs,  and  .Justices  of  Ihe  Peace 
have  jurisdiction,  the  several  Circuit  Courts  for  the  counties  shall  have 
concurrent  jurisdiction  with  Justices  of  the  Peace. 

N'o  Blanlc  Summons  or  Execution. 
Sec.  17.  No  Justice  of  the  Peace  shall  grant  any  blank  summons 
or  execution  to  any  constable  or  party ;   and  any  Justice  so  granting 
a  blank  summons  or  execution  shall,  on  conviction,  be  fined  not  less 
than  one  hundred  dollars,  and  not  exceeding  four  hundred. 

Process  in  Civil  Cases  shall  he  a  Summons. 
Sec.  18.  The  process  to  1)e  issued  by  the  Justices  of  the  Peace  in 
civil  cases  shall  be  a  summons,  wherein  shall  be  stated  brietly  the 
purpose  for  which  the  party  is  summoned,  and  made  returnable  before 
the  Justice  issuing  the  same  or  before  some  other  Justice  to  be  named 
therein,  on  a  day  to  be  stated  in  said  summons,  not  exceeding  forty 
days  fi'om  the  time  of  issuing  the  same. 

Defendant  Failing  to  Appear,  Justice  to  Fix  a  Day,  de. 
Sec.  19.  If  the  summons  shall  he  returned  "summoned,"  and  the  de- 
fendart  shall  fail  to  appear  on  the  return  day  thereof  tlien  the  Justice 
shall  fix  a  day  of  trial  not  less  than  six  nor  more  than  fourteen  days 
from  the  return  day,  and  proceed  to  try  such  case  ex  parte,  the  de- 
fendant to  have  the  right  to  appear  at  any  time  before  judgment  and 
make  any  delence  he  may  have,  as  if  he  had  appeared  at  the  return 
day  the  of  summons. 

Case  to  he  Tried  if  Any  One  of  Several  Defendants  Appear. 

Sec.  20.  Where  there  is  more  than  one  defendant,  and  some  shall 
apix^ar,  and  some  who  have  been  summoned  shall  fail  to  appear,  the 
Justice  shall  proceed  to  try  the  case  as  if  all  had  appeared. 

Summons  for   Witnesses. 

Sec.  21  A  Justice  of  the  Peace  shall  issue  summonses  for  witnesses 
at  the  instance  of  either  party,  and  shall  cumjiel  the  attendance  of 
such  witnesses  by  attachment. 

Failure  of  Witness  to  Appear. 

Sec.  22.  If  the  witness  shall  fail  to  appear  on  the  return  day  of  the 
summons,  the  Justice  shall  issue  an  attachment  of  contempt,  made  re- 
turnable before  the  Justice  issuirg  the  same,  who  may,  at  his  discre- 
tion, fine  such  defaulting  witness  in  any  sum  not  exceeding  three  dol- 
lars ;  and  shall  issue  execution  for  such  fine  and  costs,  and  the  same  shall 
))e  collected  and  i)aid  to  the  Justice,  who  shall,  on  or  before  tlie  first 
day  of  January,  annually,  pay  the  same  to  the  clerk  of  the  Circuit 
C'fiurt  for  the  county,  or  the  clerk  of  the  Superior  Court  of  Baltimore 
city. 

Postponement  of  Trial. 

Sec.  23.  If  either  i)arty,  on  the  day  of  trial,  shall  ask  a  postpone- 
ment the  Justice  shall  ))«)stpone  tlie  trial  to  another  day,  not  exceed- 
ing fourteen  days,  ii"  the  Justice  shall  l)e  satisfied  l)y  tlie  oath  of  the 
party  or  otlierwisc,  that  a  postponement  is  necessary  to  u  liiir  trial  of 
the  case. 


JUSTICES   OF   TUE   PEACE.  165 

Either  Parti/  Appearinr/,   Case  may  he   Tried  Ex  Parte. 
Sec.  24.  If  either  i)arty  sluill  fail  to  a])peiir  on  the  day  to  which  a 
case  is  postponed,  the  Justice  may  proceed  to  try  the  case  ex  parte. 

No  Special  Pleading. 
Skc.  25.  No  special  pleading  shall  be  required  in  any  action  before 
u  Justice  of  the  Peace. 

Shall  Enter  Judgment   Within  Three  Days. 
Sec.  26.  Justices  of  the  Peace  shall  enter  up  judguient  in  all  cases 
brought  or  tried  before  them  within  three  days  after  a  final  hearing  of 
the  case. 

Judgments  to  Carry  Interest. 
Sec.  27.  All  judgments  for  the  payment  of  money,  entered  by  a  Jus- 
tice of  the  Peace,  shall  be  so  entered  as  to  carry  interest  thereon  from 
the  date  thereof. 

Both  Parties  Appearing,  cfc,  Any  Justice  may  Rendei'  Judgment. 

Sec  28.  If  the  parties  appear  before  the  Justice  on  the  return  day 
of  the  summons,  and  the  Justice  enters  judgment,  either  by  confession 
of  the  party  or  after  hearing  and  trying  tlie  case,  such  judgment  shall 
be  valid,  although  the  summons  may  be  made  returnable  before  any 
or  some  Justice  of  the  Peace,  without  naming  specifically  which 
Justice. 

May  Enter  Judgment  Confessed  Without  a  Summons. 

Sec.  29.  A  Justice  of  the  Peace  may  enter  a  confession  of  jud-mont 
by  a  defendant  without  any  summons  having  been  issued,  antl  such 
judgment  shall  be  valid. 

Judgment  in  Favor  of  Defendant  of  Equal  Effect  as  for  Plaintiff. 
Sec.  30.  In  all  cases  for  debt,  tried  before  a  Justice  of  the  Peace,  he 
may  enter  judgment  against  either  plaintiff  or  defendant  for  such  sum 
as  to  him  may  a])pear  just  and  right,  with  such  co^ts  as  may  have  ac- 
crued in  the  case;  which  judgment,  if  in  favor  of  the  defen<lant.  shall 
be  of  equal  effect  as  a  judgment  in  favor  of  the  plaintiff,  and  may  be 
enforced  in  the  same  manner. 

Jurisdiction  Extends  to  Administrators. 
Sec.  31.  The  jurisdiction  of  Justices  of  the  Peace  extends  to  cases 
where  administrators  are  parties,  plaintiffs  or  defendants,  except  that 
no  administrator  shall  be  sued  before  a  Justice  within  twelve  months 
from  the  date  of  his  letters. 

//'  no  Assets,  <&c.,  the  Case  to  be  Sent  to  Court. 

Sec  32.  If  any  administrator  shall  allege  in  writing,  and  verify  the 
same  by  oath,  that  he  has  no  assets  in  his  hands,  or  that  he  has  reason- 
able cause  to  believe  the  assets  will  not  be  sufficient  to  pay  the  debts 
of  the  decedent,  then  the  Justice  of  the  PeacR  shall  transmit  tlie  pro- 
ceedings in  relation  thereto  to  tlie  next  Circuit  Court  for  the  county, 
or  the  Baltimore  City  Court,  and  such  court  shall  hear  and  decide  the 
case. 

JVo  Jurisdiction  ichere    Titles  to  Land  are  at  Issue. 

Sec  33.  If  the  defendant,  in  an  action  before  a  Justice  of  the  Peace 
for  cutting,  destroying  or  carrying  away  timber  or  wood  to  or  fi-om 


166  JUSTICES   OF   THE   PEACE. 

any  land  in  this  State,  or  for  doing  any  other  injury  to  such  lands, 
shall  allege  in  writing  that  he  claims  title  to  said  lands,  or  that  he 
acted  under  a  j^erson  claiming  title  to  the  same,  whom  he  shall  name 
in  such  allegation,  and  shall  verify  said  allegaUoa  by  oath,  the  Jus- 
tice shall  take  no  further  cognizance  of  the  case. 

Judgment  Revived  l>y  Scire  Facias. 

Sec.  34.  Where  any  judgment  rendered  by  a  Justice  of  the  Peace, 
or  any  supersedeas  on  such  judgment,  shall  have  continued  for  more 
than  three  years  without  being  satisfied,  the  same  may  be  revived  by 
a  scire  facias,  returnable  on  a  certain  day  not  exceeding' forty  days  from 
the  issuing  thereof;  and  scire  facias  may  be  issued  by  a  Justice  when 
either  of  the  jjarties  die  or  marry  after  a  judgment  has  been  rendered 
by  a  Justice. 

Any  Justice  may  Issue  Scire  Facias. 

Sec.  35.  Such  scire  facias  may  ])e  issued  by  any  Justice  of  the  Peace 
of  the  county  or  city  where  the  judgment  was  rendered,  either  on  the 
original  judgment  or  upon  an  authenticated  copy  thereof,  and  shall 
be  returnable  before  the  Justice  issuing  the  same,  or  before  any  other 
Justice  who  may  be  named  therein. 

Justice  to  Require  Bond  before  Issvinrt  Replevin. 
Sec.  36.  Before  issuing  a  replevin,  the  Justice  shall  require  and 
take  from  the  party  demanding  such  writ,  a  bond  to  the  partv  hold- 
ing the  property,  with  one  or  more  securities,  whom  the  said  Justice 
shall,  in  his  conscience,  believe  to  be  worth  double  the  value  of  the 
specitic  articles  of  property  intended  to  be  replevied ;  with  condition 

that  if  the  above  bound do  and  shall  well  and  truly  prosecute 

the  said  writ  of  replevin  with  cflect,  and  also  shall  and  will  return  the 
goods  and  chattels  afore-aid,  if  tlie  same  be  adjudged,  and  in  all  things 
abide  by  and  perform  the  judgment  of  the  said  Justice,  or  of  such 
other  Justice  of  the  Peace  in  and  for  the  said  county  as  shall  decide 
in  the  premises,  then  tlie  said  ol^ligation  to  be  void,  else  to  be  and 
remain  in  full  force  and  virtue  in  law. 

The  Plaintiff  may  Give  the  Bond. 
Sec.  37.  The  plaintiff  suing  out  a  rejilevin,  or  any  other  person  on 
his  behalf,  may  give  the  bond  required  by  the  preceding  section;  but 
the  securities,  in  all  cases,  ought  to  be  ample. 

When  the  Ca^e  may  he  Tried  Ex  Parte. 
Sec.  38.  If  the  summons  in  replevin  shall  be  returned  served,  and 
the  defendant  shall  fail  to  apjjear,  the  Justice  shall  fix  a  dav  of  trial, 
not  less  than  six  nor  more  than  Iburteen  days  from  tlie  return  rlay, 
:ind  sliall  i)roceed  to  try  such  replevin  ex  ])arte  on  the  dav  so  fixed  if 
tlie  defenriiint  docs  not  appear;  or  if  the  summons  is  returned  non  est, 
the  Justice  sh--dl  renew  the  same,  returnable  not  less  than  ten  days  from 
the  issuing  thereof,  and  if  such  renewed  summons  be  returned  non  est. 
the  Justice  shall  jjrocecd  as  if  the  defendant  had  been  returned  sum- 
moned and  had  failed  to  ajjpear. 

Attachment  Against  Absconding  B/'btors. 
Sec.  :50.  Any  jjcrson  making  the  amihivit.  and  exhibitincr  the  proofs 
and  vouchers  necessary  to  authorize  au  attachment  to  be  Tssued  from 


JUSTICES   OF   THE    PEACE,  167 

tlie  Circuit  Court  against  a  non  resilient  or  al>scnnfliric:  debtor,  may 
have  an  attacliinent  issued  by  a. Justice  of  tlie  Pe.ice  against  such 
debtor,  if  the  cause  of  action  does  not  exceed  one  hundred  dollars. 

W/icn  Attachment  is  Returnable, 
Sec.  40.  Such  attachment  shall  be  returnable  before  the  Justice  who 
issued  the  same,  ujxm  a  day  certain  to  be  named  therein,  not  less  than 
twenty  nor  more  than  thirty  days  from  the  date  of  the  issuing  thereof. 

Notice  to  ie  set  up  in  Public  Places. 
Sec.  41.  The  jilaintifF,  at  the  time  of  issuing  the  attachment,  shall 
give  notice  by  setting  up  at  three  or  more  of  the  most  j)ublic  places 
in  the  election  district  or  ward  in  which  such  attachnuiit  may  issue, 
at  least  ten  davs  before  the  return  dav  thereof,  an  allidavit  of  the  truth 
of  his  claim,  together  with  a  copy  of  such  claim,  and  also  a  cojiy  oi 
such  attachment. 

If  Garnishee  Submits  Property^  cfec,  Condemned. 

Sec.  42.  If  the  defendant,  or  the  garnishee  in  whose  hands  property 
may  be  attached,  shall  not  show  cause  to  the  contrary,  the  Justice 
may  condemn  such  property ;  Provided,  he  's  satisfied  by  the  oath  of 
the  plaintiff,  or  by  other  proof,  that  the  notice  required  above  has  been 
given. 

In  Attachments,  hefoi'e  Execution,  Bond  to  le  given. 

Sec.  43.  The  plaintiff,  in  an  attachment,  before  execution  on  any 
judgment  of  condemnation  shall  be  issued,  shall  give  bond  to  the  de- 
fendant in  such  penalty  as  the  Justice  of  the  Peace  shall  direct,  not 
less  than  double  the  amount  of  the  judgment  of  condemnation,  with 
good  and  suflicient  security,  to  be  a])proved  by  the  said  Justice,  and 
conditioned  to  make  restitution  of  the  proiDerty  so  condemned,  or  the 
value  thereof;  and  to  pay  such  damages  as  may  be  awarded  to  the 
defendant,  if  the  defendant  shall  at  any  time  within  twelve  months  and 
a  day  from  the  date  of  issuing  the  attachment,  appear  either  in  person 
or  by  his  agent,  before  the  Justice  issuing  such  attachment,  or  before 
some  other  Justice  of  the  same  county,  and  make  it  appear  that  the 
plaintifi'  has  satisfied  the  said  debt,  or  show  that  it  ought  not  to  be 
paid,  or  that  the  said  defendant  was  not  indebted  to  the  plaintiff  at 
the  time  of  issuing  said  attachment. 

lUghts  of  Garnishee. 

Sec  44.  A  garnishee,  in  whose  hands  any  such  attachment  is  laid, 
shall  have  the  same  rights  and  be  subject  to  the  same  liabilities  as  if 
such  attachment  had  issued  from  the  Circuit  Court ;  but  to  avail  him- 
self of  his  rights  he  must  appear  at  the  re*^urn  of  the  attaclnnent,  and 
he  shall  not  have  the  four  days  thereafter  for  his  appearance  allowed 
in  the  Circuit  Court. 

Supersedeas  and  E.vccntion. 

Sec.  45.  No  execution  shall  issue  upon  any  judgment  or  decree  ob- 
tained in  any  court  of  record  of  this  state  ;  Provided,  the  defendant 
therein  shall  come  before  a  Justice  of  the  Peace  of  the  county  where 
such  judgment  or  decree  was  rendered,  within  two  months  after  the 
rendition  of  such  judgment  or  decree,  and  together  with  two  other 
persons,  such  as  the  said  Justice  shall  approve  of,  confess  judgment 


168  JUSTICES   OF   THE   PEACE. 

for  his  debt  and  costs  of  suit,  adjudr.'-od  or  decreed,  with  stay  of  ex- 
ecution for  six  months  thereafter;  wliich  confession  shall  be  m^de  in 

manner  and  form  following,  that  is  to  say:    "You, ,  do  confess 

judgment  to ,  for  the  svun  of and  costs,  which  were  re- 
covered Ijy  tlie  said  ,  against  ,   on  the  day  of 

^  in"  the  court;  the  said  to  be  levied  of  your 

soods  or  chattels,  lands  or  tenements,  for  the  u?e  of  the  said 


in  case  the  said shall  not  pay  and  satisfy  to  the  said ,  so 

as  afor'^said  recovered  against  him,  with  t'ne  additional  costs  thereon, 

on  the day  of next."     Vv'hich  confession  sliall  be  signed 

l)y  the  Justice  before  whom  tlie  san\e  is  made,  and  forthwith  returned 
to  the  clerk  of  the  court  in  v>'hich  the  judgment  or  decree  was  render- 
ed, who  shall  record  the  same;  if  the  judgment  was  rendered  in  the 
Court  of  Appeals,  the  confession  aforesaid  may  be  made  belore  a  Jus- 
tice of  the  Peace  in  the  county  or  city  where  the  defendant  resides. 

Execution  may  Tje  Superseded  within  Two  Months. 
Sec.  46.  The  plaintiff  in  any  judgment  or  decree  may  issue  execu- 
tion thereon,  at  anytime  within  two  months  after  the  rendition  of  the 
same,  or  after  expiration  of  the  stay  which  may  be  entered  thereon, 
unless  tlie  defendant  shall  supersede  the  same  as  provided  in  the  pre- 
ceding section;  but  if  the  defendant  shall  supcsede  as  aforesaid, 
within  the  two  months,  it  shall  stay  any  execution  previously  issued, 
and  the  sheriff  shall  not  proceed  on  such  execution,  if  the  defendant 
shows  him  a  certificate  of  the  Justice  that  the  judgment  has  been  su- 
perseded, the  defendant  paying  the  cost  of  the  execution. 

Stay  of  Execution  Computed. 

Sec.  47.  The  stay  of  execution  on  a  supersedeas  taken  under  the 
preceding  sections,  shall  be  com])uted  from  the  date  of  the  super- 
sedeas, but  where  a  judgment  has  been  confessed  in  the  Circuit  Court, 
at  the  second  term  tliereof,  with  stay  of  execution  till  the  next  term, 
the  stay  of  execution  by  supersedeas  on  such  judgment  shall  be  com- 
puted li-om  the  first  Thursday  of  the  term  next  ensuing  the  said  sec- 
ond term;  and  when  the  judgment  of  a  Justice  of  the  Peace  is  super- 
seded, the  stay  of  execution  shall  be  computed  from  the  date  of  the 
judgment,  and  not  from  the  date  of  the  supersedeas. 

Adtninistrators  may  Supersede  Judgments. 

Skc.  48.  Administrators  may  supersede  judgments  rendered  against 
them  in  the  same  manner  that  other  perstms  may,  but  by  doing  so  an 
administrator  renders  himself  liable  for  the  amount  of  the  judgment 
and  costs. 

Si'j^ersedeas  not  Invalidated  for   Want  of  Form. 

Sf.c.  49.  If  the  form  of  a  supersedeas  above  given  be  not  precisely 
followed,  it  shall  not  invalidate  the  supersedeas;  Provided,  it  is  in 
substance  and  meaning  similar  to  said  form. 

Defendant  may  Confess  Judgment  with  Stay  of  Execution. 
Sec.  50.  No  execution  shall  issue  on  any  judgment  rendered  l)y  a 
Justice  of  the  Peace,  if  the  defendant  therein,  within  two  months  after 
the  rendition  of  such  judgment,  shall  go  iK'fore  the  Justice  ol  the  Peace 
who  rendered  the  same,  together  witii  security  such  as  the  Justice 
shall  approve,  and  confess  judgment  for  the  debt  and  costs  of  suit  ud- 


JU8TICKS   OF   THE   PEACE.  169 

judged,  with  stay  of  execution  fir  six  months  if  the  amount  of  the 
jud<rnic'nt  is  less  tlian  tliirty  dolliirs,  and  if  the  amount  of  tlie  judg- 
ment is  more  tlian  tliirty  dollars  then  with  stay  of  execution  for 
twelve  months;  the  said  conlession  to  be  in  the  form  heretofore  pre- 
scribed. 

WTten  Defendant  may  Supercede  before  another  Justice. 
Sec.  51.  If  the  Justice  who  rendered  the  judgment  be  dead,  or  out 
of  otlice,  the  deiendant  may  su])ersede  the  same  before  any  other  Jus- 
tice of  the  same  coun»^y,  upon  a  short  copy  of  the  judgment. 

One  Person  may  Supersed/i  Judgment. 

Sec.  52.  A  Justice  of  the  Peace  may  take  one  person  as  seciu-;ty  on 
a  supersedeas  of  a  judgment  of  a  Justice  of  the  Peace. 

Form  of  Docket  Entry.,  &c. 

Sec.  53.  If  a  Justice,  in  taking  a  supersedeas,  reads  over  the  form 

hereinbefore  prescribed  to  the  par»-y  and  his  security  ho  may  enter 

the  same  short  on  his  docket  or  {>n  the  judgment,  in  this  form  or  to 

this  eli'ect,  "superseded  by  A.  B.  and  C.  D.  as  the  case  may  be,  this 

— day  of  for months,"  wIulIi  shall  be  as  valid  as 

if  the  confession  had  been  written  out  at  length  in  the  form  here.n- 
before  given. 

Security  shall  Sign  his  Name,  d:c. 

Sec.  54.  Every  security  in  a  supersedeas  of  a  judgment  rendered  by 
a  Justice  of  the  Peace  shall  sign  the  same ;  or  if  he  cannot  write, 
make  his  mark:  and  no  such  supersedeas  sliall  be  valid  against  any 
security  unless  his  signature  or  mark  shall  have  been  affixed  thereto 
and  attested  by  the  Justice. 

Wlie/i  a  Constable  is  not  to  Proceed  on  an  Execution. 

Sec.  55.  An  execution  may  be  issued  by  a  Justice  of  the  Peace  pre- 
vious to  the  supersedeas  of  the  judgment,  but  the  constable  or  sherifl' 
shall  not  proceed  on  said  executi(m  if  a  certiticate  that  the  judgment 
has  been  superseded  be  shown  to  him,  the  defendant  paying  the  costs 
of  execution. 

Securities  Discharged  after  Four  Years. 

Sec.  56.  No  execution  or  scire  facias  shall  issue  again«t  the  securi- 
ties on  any  supersedeas  taken  on  a  judgment  rendered  by  a  Justice  of 
the  Peace,  after  the  expiration  of  four  years  from  th«  date  of  said  su- 
persedeas; and  after  the  lapse  of  the  said  four  years  such  securities 
shall  be  discharged. 

When  Supersedeas  is  a  Lien  upon  Lands. 

Sec.  57.  A  confession  of  judgment  by  way  of  supersedeas  of  a  judg- 
ment or  decree  in  a  court  of  record  shall  be  a  lien  on  the  lands  of  the 
persons  therein  named,  trom  the  time  such  supersedeas  is  filed  with 
the  clerk  of  the  court,  in  the  same  manner  as  judgments  rendered  in 
any  coui't  of  law. 

Not  to  Defeat  Lien  of  the  Original  Judgment. 

Sec.  58.  The  confe?<;ion  of  a  iudgment  ])y  way  of  supersedeas  shall 
not  defeat  the  lien  of  the  ijrigiual  judgment. 


170  JUSTICES    OP   THE   PEACE. 

May  Issue  Execution  on  Judgment  or  Supersedeas,  &e. 
Sec.  59.  Any  Justice  of  the  Peace  may  issue  an  execution  or  any 
other  process  on  any  judgment  rendered  by  a  .Justice  of  the  Peace  of 
his  county,  or  on  any  supersedeas  taken  on  such  judgment,  after  the 
stay  expires,  either  on  the  original  judgment  or  on  a  copy  thereof  from 
the  docket  of  another  Justice. 

Attaehnent  ly   Way  of  Execution. 
Sec.  60.  Any  Justice  of  the  Peace  may  issue  an  attachment  by  way 
of  execution  in  any  case  where  he  is  authorized  to  issue  a  fieri  facias. 

May  Issue  Execution,  <£-c.,  on  Short  Copy,  d-c. 

Sec.  61.  Any  Justice  may  issue  execution  or  any  other  process  on 
a  short  copy  of  a  judgment  rendered  by  a  Justice  of  any  other  county 
or  city  in  tliis  State;  Provided,  said  short  copy  be  certified  by  the 
clerk  of  the  Circuit  Court  where  the  judgment  was  rendered,  under 
the  seal  of  his  office  ;  and  if  such  judgment  was  rendered  in  the  city 
of  Baltimore,  the  same  be  certified  as  aforesaid  by  the  clerk  of  the 
Superior  Court. 

In  Case  a  Justice  of  the  Peace  Dies,  &c. 

Sec.  62.  If  any  Justice  of  the  Peace  shall  die,  or  shall  cease  to  act 
as  such  from  any  other  cause,  any  Justice  of  the  Peace  in  the  same 
county  shall  have  the  same  power  to  receive  returns  of  writs  or  pro- 
cess, to  issue  anv  writ  or  process,  and  t<i  do  all  other  acts  in  relation 
thereto  as  such  Justice  would  have  had  if  he  were  living  and  acting 
as  a  Justice  of  the  Peace. 

C&nstaMe  to  Give  Notice,  <6c. 
Sec.  03.  If  any  constable  or  other  officer  returns  process  before 
another  Justice,  by  reason  of  the  death  or  disqualiHcition  of  the  Jus- 
tice before  whom  the  same  was  returnable,  he  shall  give  notice,  pre- 
vious to  the  leturn  thereof,  to  the  plaintitf  or  his  agent,  and  the  de- 
fendant, of  the  Justice  before  whom  he  intends  returning  the  same. 

Probates,  Affidavits  and  other  Instruments. 
Sec.  64.  Justices  of  the  Peace  shall  write  and  prepare  all  probates, 
affidavits,  sui)ersedeas  and  other  instruments  to  l)e  executed  by  them 
when  re(iuired,  excei^t  acknowledgments  of  deeds. 

Fines  for  Swearing,  &c. 
Sec.  60.  Any  fine  im])osed  by  a  Justice  of  the  Peace  for  swearing 
in  his  presence  contrary  to  law,  shall  be  placed  in  the  hands  of  a  con- 
stalile  for  collection,  by  execution  or  otherwise,  and  when  collected 
they  shall  be  i)aid  l)y  the  constal)le  to  the  County  Commissioners  of 
the  county,  or  the  Mayor  and  City  Council  of  Baltimore,  as  the  case 
may  be. 

Execution  on  Judgment. 

Sec.  66.  Hereafter  no  execution  issued  upon  a  judgment  rendered 
by  any  of  the  Justices  of  the  Peace  within  any  of  the  counties  of  this 
State  or  in  the  city  of  Baltimore,  and  levied  upon,  any  real  estate  or 
leasehold  pro^jcrty  of  the  ilel'cndant  in  sucli  judgment,  shall  be  a  lien 
uijon  the  real  estate  or  leasehold  property  upon  which  it  is  so  levied, 
unless  at  or  l)efore  the  time  of  issuing  such  execution  the  plaintilf  in 
Buch  judgment  shall  file  the  same  with  the  Clerk  of  the  Circuit  Court 


JUSTICES   OF   THE   PEACE.  171 

in  which  the  defendant  resides,  or  with  the  Clerk  of  the  Superior 
Court  of  Baltimore  City,  if  the  defendant  resides  in  said  eity,  to  be 
recorded  by  hini  in  a  book  kept  for  ti'iat  ])urpo8",  for  which  lie  shall 
receive  twenty-five  cents  in  each  case,  which  sum  shall  be  recovered 
by  the  plaintiif  as  i)art  of  the  costs  of  his  execution. — 1808,  ch.  443. 

Clerk  to  llcmrd  Jvdr/tyient,  d'C. 
Sec.  07.  The  said  clerk  shall  record  the  said  judsrment  forthwith, 
and  shall  endorse  thereon  the  time  and  place  of  its  record,  and  may 
then  deliver  the  same  to  the  plaintiff. — Ibid. 

iVo  Sale  Valid  unUss  Sections  06  and  67  are  Complied  with. 
Sec.  08.  No  sale  of  any  real  or  leasehold  property,  made  by  any 
constable  under  any  execution  issued  upon  any  jud<j:ment  rendered  by 
any  Justice  of  the  Peace  of  this  State,  shall  be  valid  unless  it  shall  ap- 
l)ear  that  the  provisions  of  the  two  preceding  Sections  have  been  com- 
plied with — Ibid. 

Execntion  upon  Property   Claimed  hy  Another  Person. 

Sec.  69.  When  an  execution  on  a  judt^ment  of  a  -Justice  of  the  Peace 
is  levied  upon  property  claimed  by  any  person  other  than  the  party 
acainst  whom  it  ifsued,  such  person  or  his  agent  or  attorney  may  ap- 
ply to  a  Justice  of  the  Peace  of  the  county  or  corporation  in  which 
the  levy  is  for  a  warrant  to  a  constable,  requiring  him  to  summon 
l)oth  the  judgment  creditor  and  debtor,  to  show  cause  why  the  prop- 
erty so  levied  upon  should  not  be  discharged  from  the  levy,  and  said 
warrant  shall  be  returnable  in  not  less  than  five  days  ;  and  if  an  earlier 
day  shall  have  been  fixed  for  the  sale  of  the  property  so  levied  upon, 
the  Justice  shall  make  an  order  on  the  warrant  requiring  a  postpone- 
ment of  the  same  until  after  the  return  day;  and  upon  hearing  the 
parties,  or  such  of  them  as  may  attend  after  being  summoned,  he  shall 
order  the  property  to  be  delivered  to  the  claimants,  or  the  person  from 
whom  it  was  taken,  or  shall  dismiss  the  summons,  as  may  seem  most 
proper,  and  may  give  such  judgment  for  costs  as  shall  seem  just,  sub- 
ject, however,  to  the  right  of  appeal,  as  now  i)rovided  by  law ;  and 
upon  appeal  from  the  judgment  of  a  Justice  awarding  the  property  to 
the  claimant,  the  Justice  shall  require  security  of  the  claimant  for  the 
safe  keeping  and  return  of  the  property,  to  await  the  determination  of 
the  appeal. — 1870,  ch.  84. 

On  Appeal  from  Order  or  Judgment. 

Sec.  70.  Upon  appeal  from  an  order  or  judgment  under  the  pre- 
ceding Section,  the  court  hearing  sucli  appeal  shall  give  such  judg- 
ment respecting  the  property,  the  expense  of  keeping  it,  and  any  in- 
jury done  it  as  may  appear  to  be  most  equitable  to  all  parties. — Ibid. 

Attachments  Issued  by  Justices  of  the  Peace. 
The  Public  General  Laws,  Article  10,  Sections  34  to  37,  relating 
to  attachments  issued  by  Justices  of  the  Peace,  are  as  follows: 

Justices  may  Issue  Attachments  in  Certain  Cases. 

Sec.  34.  The  several  Justices  of  the  Peace  of  tliis  State  may  issue 
an  attachment,  by  way  of  execution  on  any  judgment  obtained  before 
any  Justice  of  the  Peace,  in  all  cases  wliere  a  writ  of  fieri  facias  might 
issue. 


173  JUSTICES   OP   THE    PEACE. 

Attachments  Against  Xoii-Eesident  or  Absconding  Debtors. 
Sec.  35.  Any  Justice  of  tlie  Peace  may  issue  an  attachment  against 
a  non-resident  or  absconding  debtor,  wliere  the  sum  claimed  shall  not 
exceed  oneliundred  dollars;  but  no  sj^ecial  pleading  shall  be  required 
before  a  Justice  of  the  Peace. 

Attachment  of  Wages.,  &c. 

Sec.  36.  No  attachment  of  the  wages  or  hire  of  any  laborer  or  em- 
ployee in  the  hands  of  the  employer,  whether  private  individuals  or 
bodies  corporate,  shall  effect  any  salary  or  wages  of  the  delator  which 
are  not  actually  due  at  the  date  of  the  attaclmient,  and  the  sum  often 
dollars  of  such  wages  or  salary  which  may  be  due  sliall  be  exempted 
from  attachment,  whether  on  warrant  or  on  judgment. 

Judgment  Against  Oamishee. 

Sec.  37.  Any  judgment  of  condemnation  against  a  garnishee,  and 
execution  thereon,  or  jjayment  by  such  garnishee,  shall  be  sufficient 
and  pleadable  in  bar  in  any  action  brought  against  him  by  the  de- 
fendant in  the  attachment  for  or  concerning  the  property  or  credits  so 
condemned. 

For  Sections  37  to  45,  see  Act  of  1864,  eh.  447,  providing  for  "Attach- 
ments on  Original  Process." 

Attachments  on  Original  Process. 

Sec.  45.  Every  Justice  of  the  Peace  may  issue  an  attachment  in  any  of 
the  cases  mentioned  in  the  Act  of  1864,  ch.  447,  where  the  sum  claimed 
shall  not  exceed  one  hundred  dollars,  upon  the  party  applying  for 
the  same,  making,  before  the  Justice,  the  affidavit,  and  exhibiting  the 
proofs  and  vouchers  necessary  to  authorize  an  attachment  to  be  issued 
from  the  Circuit  Court  in  such  cases,  and  giving  bond  with  security 
to  be  approved  by  said  Justice  in  double  the  sum  alleged  to  be  due, 
and  conditioned  as  is  provided  in  the  fourth  Section  of  said  Act,  except 
such  changes  of  language  as  may  be  necessary  to  make  the  same  appli- 
cable to  a  proceeding  before  a  Justice  of  the  Peace,  and  such  attach- 
ment shall  be  returnable  before  the  Justice  who  issued  it  on  a  day 
certain  to  be  named  therein,  not  less  than  twenty  nor  more  tlian  thirty 
days  from  the  date  of  issuing  it,  and  the  plaintitf  shall  give  notice  of 
the  issuing  of  such  attachment  in  the  same  manner  as  in  case  of  attach- 
ments Ijefore  a  Justice  against  non-resident  or  absconding  debtors, 
and  a  writ  of  summons  shall  also  be  issued  with  such  attachment  a^ 
is  usual  in  cases  of  debt  before  a  Justice,  and  the  proceedings  on  sucii 
attachment  shall  conform,  as  near  as  practicable,  to  the  practice 
and  ])rocecdings,  under  writs  of  attachments,  against  non-resident  or 
absconding  debtors  issued  by  a  Justice  of  the  Peace. 


Appeals  From  Justices  op  the  Peace. 
The  Public  General  Laws,  Article  5,  Sections  50  to  59,  inclusive, 
relate  to  Appeals  from  Justices  of  the  Peace. 

Parties  Aggrieved  may  Appeal,  &c. 
Skc.  50.  Any  party  aggrieved  thereby  may  appeal  from  any  judg- 
ment of  a  Justice  of  the  Peace  to  the  Circuit  Court  for  the  county  or 
Baltimore  City  Court,  iu  Baltimore,  at  any  time  within  sixty  days 


JUSTICES   OF  THE   PEACE.  173 

from  the  rendition  of  such  jiulgment ;  and  the  court  to  whicli  such 
appeal  is  taken  shall  hear  the  case  de  novo,  and  determine  the  same 
accordiniz  to  law  and  the  equity  and  ri<rht  of  the  matter,  and  this  !Sec- 
tion  shall  be  construed  to  include  all  actions  of  debts  for  the  collection 
of  lines,  penalties  and  forfeitures  imposed  by  any  law  of  the  State, 
and  which  are  made  recoveraljle  before  a  Justice  of  the  Peace  in 
which  a  ri^ht  of  appeal  may  not  be  given  by  the  law  imposing  the 
same.— 1872,  ch.  1S2. 

In  Case  of  Death  of  either  Party. 

Sec.  51.  If  either  party  die  after  the  rendition  of  a  judgment  by  a 
Justice  of  the  Peace,  his  executor  or  administrator  may  appeal  within 
sixty  days  after  the  rendition  of  the  judgment. 

Justice  to  Enter  Appeal,  d-e. 

Sec.  52.  On  the  party  signifying  his  intention  to  appeal,  it  shall  be 
the  duty  of  the  Justice  of  the  Peace  to  enter  the  appeal,  with  the  date 
thereof  upon  his  docket,  and  to  transmit  the  papers  in  the  cause  to 
the  clerk  of  the  Circuit  Court  or  the  clerk  of  the  City  Court  of  Balti- 
more city. 

Appeals  Docl-eted,  dx. 

Sec.  53.  All  appeals  shall  be  docketed,  and  summons  for  the  appel- 
lee issued  by  the  clerk  of  the  Circuit  Court,  or  City  Court,  immedi- 
ately upon  the  filing  the  papers  in  his  office,  and  no  petition  shall  be 
necessary  in  any  case. 

Case  to  Stand  for  Trial  at  First  Term. 

Sec.  54.  If  the  summons  shall  be  returned  summoned,  and  the  pa- 
pens  shall  have  been  filed  ten  days  previous  to  the  commencement  of 
tlie  then  next  term  of  the  court,  the  case  shall  stand  for  trial  at  the 
first  term ;  but  if  the  papers  are  not  filed  within  that  time,  the  case 
shall  not  stand  for  trial  until  the  second  term. 

When  Coxtrt  may  Hear  Cases  Ex  Parte. 

Sec  55.  If  two  summonses  be  returned  ''non  est,"  or  one  summons 
be  returned  "served,"  the  court  may  hear  and  determine  the  case  ex 
parte. 

Appeal  Bond  Necessary  to  Stay  Execution. 

Sec.  56.  No  appeal  from  a  judgment  of  a  Justice  of  the  Ppa<"e  shall 
stay  execution  unless  an  appeal  bonrl  in  doiil)le  the  sum  recovered, 
with  a])proved  and  sufficient  security  be  filed  with  the  Justice,  with 
conditiim  that  if  the  jDarty  appealing  shall  not  prosecute  his  appeal  at 
the  next  Circuit  Court  for  the  county  or  the  next  term  of  the  City 
Court  with  efi'ect,  and  also  pay  and  satisfy  the  party  in  whose  behalf 
the  judgment  of  the  Justice  shall  be  given,  his  executors,  administra- 
tors or  assigns,  in  case  the  said  judirment  shall  be  affirmed,  as  well 
the  debt,  damage  and  costs,  adjudged  by  the  Justice  from  whose  judg- 
ment sucli  appeal  shall  be  made,  as  also  all  costs  and  damages  that 
shall  be  awarded  by  th.e  court,  before  whom  such  appeal  shall  be 
heard,  tri'^d  and  determined,  then  the  said  bond  to  be  and  remain  in 
full  force  and  virtue,  otherwise  to  be  of  none  efi'ect. 

Appeal  Bond  to  Operate  as  Supersedea'S. 

Sec  57.  When  an  appeal  bond  shall  be  filed  with  sufficient  securi- 
ties, the  said  appeal  shall  operate  as  a  supersedeas  to  any  execution 
on  said  judgment,  notwithstanding  a  levy  may  have   been  made  ; 


174  JUSTICES    OF    THE    PEACE. 

Provided,  the  said  appeal  shall  be  taken  and  the  bond  filed  within 
sixty  days  after  judgment,  and  the  isaity  appellant  first  pays  or  tend- 
ers payment  to  the  officer  making  such  levy,  all  legal  foes  ■which  shall 
have  accrued  or.  said  levy. 

In  Case  of  tJie  Death  of  the  Justice,  &c. 

Sec.  58.  If  the  Justice  of  the  Peace  rendering  any  judgment  ap- 
pealed from,  goes  out  of  office  by  death  or  otherwise  before  an  ap2)eal 
bond  has  been  executed  by  the  party  appealing,  such  app'^'al  bond 
may  be  executed  before  any  other  .Justice  in  the  same  county  or  city, 
and  such  bond  shall  have  the  same  eltect  as  if  executed  before  the 
Justice  rendering  tbe  judgment  appealed  ii"om. 

When  Cei'tain  Judgments  are  Affirmed  vpon  Aj:ipeal. 

Sec.  59.  AYhcre  any  judgment  of  a  Justice  of  the  Peace  imposing 
any  fine  or  penalty  for  the  violation  of  any  law  or  ordinance,  shall  be 
affirmed  upon  appeal,  the  court  to  -which  such  appeal  is  taken  shall 
have  the  jjower  to  commit  the  defendant  or  ap])ellant  in  case  of  non- 
payment of  such  fine  or  penalty  and  costs;  Prodded,  that  no  pcrscm 
shall  be  imprisoned  under  this  Section  for  a  longer  period  than  thiity 
days  for  any  one  offence. — 1870,  ch.  56. 


Jurisdiction  in  Cases  of  Assault  and  Battery. 
The  Art  of  1870,  ch.  434,  extends  the  jurisdiction  of  Justices  of  the 
Peace  in  certain  counties  named,  to  cases  of  assault  and  battery. 

Jurisdiction  of  Justices  Extended. 

1.  The  Justices  of  the  Peace  in  and  for  Dorchester,  Kent,  Caroline, 
Calvert,  Carroll,  Queen  Anne's,  Anne  Arundel,  Prince  George's,  Harford, 
Charles  and  "Worcester  counties,  shall  have  jurisdiction  over  and  may 
take  cognizance  of  all  actions  of  assault  and  battery  in  which  the 
damages  claimed  do  not  exceed  the  sum  of  one  hundred  dollars ;  and 
also  criminal  jurisdiction  in  all  cases  of  assault  and  batterj*  committed 
in  said  counties,  unless  it  shall  appear  to  the  said  Justices  of  the 
Peace,  upon  the  hearing  of  the  case,  that  the  said  assault  and  battery 
was  committed  with  intent  to  kill. 

May  Appeal  to  Circuit  Court. 

2.  In  all  cases  hereafter  tried  under  this  Act  before  the  Justices  of  the 
Peace  in  and  for  the  counties  above  named,  either  party  shall  be  allow- 
lowed  an  appeal  to  the  Circuit  Court  of  the  county  in  which  the  of- 
fence was  committed,  where  they  shall  be  tried  de  novo,  and  all  such 
appeals  shall  be  taken  in  such  manner  as  is  now  provided  for  by  law 
in  other  cases  of  appeals  li-om  judgments  of  Justices  of  the  Peace. — 
1870,  ch.  434. 


FEES   OF   JUSTICES   OF  THE   PEACE. 

In  Act  of  1870,  ch.  104,  repeals  all  sections  of  the  several  articles 
of  the  Code  of  Piil^lic  Local  Laws  relating  to  fees  of  Justices  of  the 
Peace,  and  also  Sections  17,  18  and  19  of  Article  38  of  the  Public  Gen- 
eral Laws;  and  adopts  the  following  in  lieu  thereof: 


JUSTICES   OF  THE   PEACE.  ITS 

Fees  of  Justices  of  the  Peace. 

Akt.  38,  Sec.  17.  The  Justices  of  the  Peace  of  tliis  State  shall  l)e 
entiti'^fl  to  receive  the  fees  allowed  in  the  following  table;  and  such 
tees  shall  be  taxed  and  ])aid  by  the  party  against  whom  the  judgment 
shall  be  rendered,  to  wit: 

For  issuing  summons  in  debt  or  damages,  or  writ  of  replevin,     $     25 
For  each  summons  for  witnesses,  including  all  the  witnesses 

ai^plied  for  at  the  same  time,  25 

For  venire  to  summon  freeholders,  35 

For  fieri  facias,  35 

For  venditioni  exponas,  35 

For  scire  facias,  45 

For  every  sui)ersedea8,  20 

For  every  oatli  or  affidavit,  10 

For  probate  of  account,  10 

For  every  judgment  rendered  where  there  is  no  trial,  25 

For  every  judgment  rendered  on  trial,  60 

For  every  warrant  of  attachment  against  a  resident  debtor,  45 
For  every  attachment   against  a  non-resident  or  absconding 

debtor,  1  00 
For  attachment  of  contempt,  25 
For  venire  to  summon  a  jury  in  a  case  of  forcible  entry  and  de- 
tainer, and  summons  to  truant,  1  00 
For  taking  inquisition  and  return  thereon,  4  00' 
For  warrant  of  restitution,  1  00' 
For  taking  every  acknowledgment  of  every  deed,  or  other  instru- 
ment of  writing,  from  each  person  making  an  acknowledgment,  30 
For  a  certificate  of  estrays,  40 
For  issuing  a  writ  of  attachment  by  way  of  execution,  45 
For  taking  replevin  or  other  bonds,  25 
For  every  continuance,  ,  10 
For  every  transcript  from  the  docket,  15 
For  every  search,  10 
For  binding  apprentices,  each  justice,  25 
Sec.  18.  Justices  of  the  Peace  shall  l)e  entitled  to  be  paid  in  cri'u- 
inal  cases  by  the  county  or  city  of  Baltimore,  as  the  case  may  be,  the 
following  fees : 

For  issuing  each  state  writ,  25 

For  search  warrant,  25 

For  taking  recognizances  of  witnesses,  each,  25 

For  taking  recognizances  in  each  case  reported  to  court,  25 

For  every  commitment,  25 

For  every  releascment,  25 

For  holding  an  inquest  upon  a  deceased  person,  5  00 
For  issuing  an  attachment  for  a  witness  refusing  to  attend  on 

summons  of  a  commissioner,  50 

For  taking  depositions  in  cases  of  contested  elections,  per  day,  3  00 

Number  of  Justices  of  the  Peace  in  each  County,  &c. 
For  the  Acts  of  Assembly  prescribing  the  number  of  Justices  of  the  , 
Peace  in  the  election  districts  of  each  county,  and  wards  of  Baltimore 
city,  see  the  references  under  the  head  of  Executive  Appointments, 
in  "Executive  De2)artment,"  page  46. 
13 


176  CONSTABLES. 

THE     CONSTABLES. 

Constitution,  Art.  IV,  Part  VI,  Sections  42  and  43. 

For  the  above  Provisions  of  the  Constitution,  see  Justices  of  the 
Peace,  page  161. 

DUTIES  OF  CONSTABLES  UNDER  THE  GENERAL  LAWS. 

The  Public  General  Laws,  Article  53,  relate  to  the  powers  and  du- 
ties of  Constables  as  follows : 

Comtables  to  Qualify  within  Thirty  Days. 
Sec.  1.  Every  Constable  elected  shall,  within  thirty  days  after  his 
commission  has  been  received  by  the  Clerk  of  the  Circuit  Court  of  his 
county,  or  the  Superior  Court  of  Baltimore  city  if  in  the  city  of  Balti- 
more, make  the  declaration  of  reliffious  belief  and  take  and  subscribe 
the  oaths  prescribed  by  the  Constitution  before  said  clerk. 

To  Give  Bond  in  $2000. 

Sec.  2.  Every  Constable  shall  also,  before  he  acts  as  such,  give  bond 
to  the  State  of  Maryland,  with  good  and  sufficient  security  to  be  ap- 
proved by  the  county  commissioners  of  the  county,  or  the  judge  of  the 
Superior  Court  of  Baltimore  city,  in  the  penalty  of  two  thousand  dol- 
lars' conditioned  "that  the  said  Constable  shall  well  and  faithfully 
execute  the  same  office  in  all  things  appertaining  thereto,  and  shall 
also  well  ard  truly  account  for  all  moneys  placed  in  his  hands  for 
collection,  or  received  by  him  on  judgment,  and  shall  well  and  truly 
pay  over  the  same ;"'  and  the  said  bond  shall  be  recorded  in  the  office 
of  the  Clerk  of  the  Circuit  Court  for  the  county,  or  of  the  Clerk  of  the 
Superior  Court  of  Baltimore  city,  and  a  copy  thereof  under  the  seal 
of  the  said  court  shall  be  good  evidence  to  prove  the  execution  of  such 
bond  in  any  court  of  this  State. 

Constables  for  New  Election  Districts,  &c. 

Sec.  3.  For  each  new  election  district  that  may  be  formed  and  es- 
tablished in  the  several  counties,  and  for  each  additional  ward  that 
may  be  created  in  the  city  of  Baltimore,  there  shall  be  elected  by  the 
legal  and  qualified  voters  thereof,  at  the  time  for  electing  Justices  and 
Constables  in  the  other  districts  and  wards,  two  Justices  of  the  Peace 
and  two  Constables,  unless  a  dift'erent  number  be  specially  provided 
by  law. 

To  Execute  all  Process  and  Return  the  Same. 

Sec.  4.  Every  Constable  shall  obey  and  execute  all  process,  directed 
to  him  from  any  Justice  of  the  Peace,  concerning  any  matter,  debt  or 
demand  between  party  and  party,  and  all  criminal  process  directed  to 
him  from  any  Justice  of  the  Peace,  and  shall  return  such  criminal  or 
civil  process  according  to  the  command  therein  contained. 

Fined    One  Dollar  for  not  Mahing  Returtis. 

,  Sec.  5.  If  a  Constable  to  whom  any  summons  is  delivered  shall  not 
make  return  thereof  according  to  the  command  of  the  same,  it  shall  be 
lawful  for  the  Justice  who  issued  the  said  summons,  upon  application 


CONSIABLES.  177 

of  the  plaintiff  or  his  agent  or  attorney,  and  proof  made  of  the  delivery 
of  the  said  summons  by  tlie  confession  of  the  constal)le  or  by  the  oath 
of  the  phiintilT,  liis  accent  or  attorney,  or  any  other  credible  witness,  to 
call  such  Constable  before  him,  and  unless  a  good  excuse  is  ofl'ered, 
tine  him  for  said  neglect  any  sum  not  exceeding  one  dollar. 
To  Serve  and  Levy  E.reo/tiom  same  as  Sheriff. 
Sec.  6.  He  shall  serve  and  levy  all  executions  issued  by  a  Justice  oi" 
the  Peace  in  the  same  manner  as  the  Sheriff  is  authorized  to  do,  but 
no  Constal)le  shall  summon  appraisers  in  laying  a  writ  of  fieri  facias 
or  attachment. 

Not  Compelled  to  Serve  Process  heyond  his  District  or  Ward. 

Sec.  7.  He  shall  have  full  power  and  authority  to  serve  and  execute 
civil  or  criminal  process,  and  to  do  and  ];erf()rm  all  matters  and  things 
appertaining  to  the  duties  of  his  office  throughout  the  county  or  city 
in  which  he  shall  reside;  and  the  responsibility  of  Constables  and  the 
securities  on  their  bonds,  shall  be  co-extensive  with  their  authority  to 
serve  and  execute  process;  but  nothing  herein  shall  compel  any  Con- 
stable to  serve  or  execute  civil  process  beyond  the  limits  of  the  election 
district  or  ward  for  which  he  shall  be  elected  or  appointed. 

May  he  Fined  Two  Dollars  for  not  Returning  Execution. 

Sec.  8.  If  any  Constal)le  shall  neglect  to  make  due  retiu-n  of  any 
execution  directed  to  him,  the  Justice  who  issued  the  execution,  upon 
proof  of  the  delivery  thereof  to  the  Constable,  may  call  such  Constable 
befo'c  him,  and  may,  unless  good  excuse  is  ofl'ered,  fine  him  not  ex- 
ceeding two  doHars,  and  t)ie  Justice  may  thereupon  allow  a  future 
day,  not  exceeding  fourteen  days,  to  such  Constaljle  to  make  return  of 
said  execution,  and  if  he  fail  to  make  return  Ijy  the  time  limited,  the 
Justice  may  at  the  request  of  the  plaintiff,  his  agent  or  attorney,  enter 
iudgment  against  the  Constable  and  his  securities  for  the  amount  of 
the  debt  and  costs. 

Constables  to  have  Remedy  Against  Defendant,  d'C. 
Sec.  9.  If  any  Constable  against  whom  any  such  judgment  shall  be 
entered,  shall  satisfy  the  phdntiflfthe  amount  of  his  debt  and  costs,  he 
shall  have  the  same  remedy  against  the  defendant  on  tlie  i)laintiff's 
judgijient  agiinst  such  defendant  as  the  plaintiff  himself  might  origi- 
nally have  had. 

Bond  Respmsihle  for  Peiformanee  of  Duty. 
Sec.  10.  Every  Constal)le  shall  serve  and  execute  a  warrant  of  dis- 
tress when  required  within  the  limits  of  the  district  or  v.'ard  of  the 
county  or  city  for  which  he  is  elected  or  appointed,  and  his  bond 
shall  be  responsible  for  the  due  performance  of  this  duty,  and  he  is 
authorized  to  execute  such  warrant  in  any  part  of  his  county  or  city, 
but  he  shall  not  be  obliged  to  execute  the  same  beyond  his  district  or 
ward ;  if  he  execute  or  undertake  to  execute  the  same,  his  bond  shall 
be  liable. 

To  Give  Receipts  for  Claims  Given  Him  for  Collection. 
Sec.  11.  Whenever  any  evidences  of  debt  are  put  into  the  hands  of  a 
Constable  for  collection,  he  shall  execute  a  receipt  for  the  same  if  de- 
manded, and  upon  his  neglect  or  refusal  to  do  so,  he  shall  forfeit  the  sum 
of  five  dollars,  to  be  recovered  before  a  Justice  by  the  party  grieved. 


178  CONSTABLES. 

May  Sell  Property  under  Execution. 
Sec.  12.  A  Constable  may  by  virtue  of  any  execution  from  a  Jus^^icfe 
of  tlie  Peace,  seize  and  sell  the  right,  title,  claim,  interest  and  estate  ar 
law  and  in  equity  of  the  party  against  whose  property  said  execution 
shall  have  issued,  in  and  to  any  lands  or  tenements  within  the  county 
in  which  such  execution  shall  issue. 

May  Execute  a  Deed  for  Property  Sold. 

Sec.  13.  a  deed  of  bargain  and  sale,  executed  and  acknowledged 
by  any  Constable  for  any  lands  and  tenements,  or  interest  or  estate  in, 
or  relating  to  or  growing  out  of  any  lands  or  tenements  sold  by  virtue 
of  any  execution  issued  on  any  judgment  of  a  Justice  of  the  Peace, 
shall  be  good  and  eflectual  to  transfer  and  convey  to  any  jjurchaser, 
his  heirs,  executors,  administrators  or  assigns,  any  right  or  estate  to 
or  in  the  premises  which  by  such  grantees  may  be  legally  acquired, 
under  and  by  virtue  of  any  such  sale ;  Provided,  such  sale  be  ratified 
and  confirmed  agreeably  to  law. 

In  Case  a  Constable  Die^,  &c. 

Sec.  14.  If  any  Constal^le  to  whom  any  execution  has  issued  from 
any  Justice  of  the  Peace  shall  die  without  having  made  any  levy  there- 
under, the  securities  of  said  Constable  on  the  bond  which  would  be 
liable  under  the  said  execution  may  return  the  said  execution  to  the 
Justice  issuing  the  same,  or  any  other  Just'ce  of  the  Peace  of  the  same 
county,  if  the  Justice  issuing  the  same  shall  have  died  oris  not  in 
office,  with  the  endorsement  of  the  fact  therecm,  and  the  Justice  to 
whom  such  execution  shall  be  returned,  shall  have  power  to  issue 
another  execution,  upon  being  furnished  with  a  copy  of  the  judgment 
upon  which  the  execution  was  issued,  if  he  is  not  the  Justice  who 
rendered  the  judgment. 

If  ConstaMe  Dies  after  Executing  Property. 

Sec.  15.  If  the  Constable  shall  die  after  having  taken  in  execution 
any  property,  real  or  personal,  ];)efore  making  sale  thereof,  his  security 
or  other  person  interested  in  l.iehalf  of  said  deceased  Constable,  or  the 
plaintiff",  or  other  person  interested  on  behalf  of  the  plaintiff',  may 
have  a  new  writ  of  fieri  facias  or  venditioni  exponas,  as  the  case  may 
require  issued  by  the  same  or  some  other  Justice  of  the  county,  direct- 
ed to  any  Constable  of  the  county,  and  under  such  new  writ  the  Con- 
stable shall  seize  and  take,  and  sell  and  convey  the  property  taken  in 
execution  by  the  deceased  Constable,  in  the  same  manner  as  the  de- 
ceased Constable  might  have  done  if  he  had  lived. 

If  Constable  Dies  Withmit  Giving  a  Deed,  &c. 
Sec.  10.  If  any  Constable  shall  sell  any  lands  and  tenements,  and 
shall  die  or  remove  beyond  the  limits  of  the  county,  without  execut- 
ing a  deed  of  conveyance  to  the  purcliaser  thereof,  the  judge  of  the 
Circuit  Court  for  the  county  in  which  the  lands  lie,  or  the  judge  of 
the  Superior  Court  of  Baltimore  city,  if  the  lands  lie  in  said  city,  on 
ap))lication  by  petition  in  writing  by  the  purchaser  or  his  legal  re- 
presentatives, may  appoint  some  2>erson  to  execute  and  deliver  the 
deed  to  the  i^urchaser,  or  his  legal  representatives,  for  the  lands  and 
tenements  so  sold,  and  such  deed,  if  the  sale  has  been  confirmed  by 
tlie  court,  shall  be  as  valid  as  if  executed  by  the  Constable  who  made 
the  sale. 


CONSTABLES.  179 

If  Constable  Dks  Before  Selling  Property^  &e. 

Sec.  17.  If  a  Constable  shall  die  without  havinfic  made  sale  of  prop- 
erty taken  in  execution,  his  executor  or  administrator  shall  not  re- 
ceive more  than  one-half  the  usual  poundage  fees,  and  the  Constable 
who  makes  sale  of  such  goods  shall  not  receive  more  than  one-half 
the  usual  poundage  fees. 

Suits  on  Constables''  Bonds. 

Sec.  18.  Where  a  Constable  is  defaulted  for  any  sum  or  sums  of 
money,  or  has  collected  any  sums  of  money,  and  refuses  or  neglects  to 
pay  the  same  to  the  person  entitled  thereto,  and  the  sum  does  not  ex- 
ceed one  hundred  dollars,  the  person  to  whom  tho  same  is  clue  may 
apply  to  any  justice  of  the  county  or  city,  who  shall  issue  his  sum- 
mons against  the  Constal:)le  and  his  securities,  in  the  usual  form,  and 
upon  trial,  may  give  judgment  for  the  amount  due  and  costs  against 
the  Constable  and  his  securities  in  the  same  manner  as  if  the  securi- 
ties were  bound  in  a  joint  and  several  note  with  the  Constable,  from 
which  judgment  there  shall  be  the  same  right  of  appeal  and  sujierse- 
deas  as  in  other  cases. 

Evidence  of  ConstabUs'  Secunties. 

Sec.  19.  A  certificate  from  the  clerk  of  the  Circu't  Court  for  the 
county,  or  the  Superior  Court  of  Baltimore  city,  stating  who  are  the 
securities  of  a  Constable,  and  the  time  when  they  becime  such,  shall 
be  sufficient  evidence  of  the  fact,  and  it  shall  not  be  necessary  to  pro- 
duce a  full  copy  of  the  bond. 

Constables'  Receipt  Given  the  Creditor.,  to  he  Sufficient  Evidence.,  &c. 

Sec.  20.  In  all  suits  by  a  creditor  upon  the  l)ond  of  a  Constable 
for  any  neglect  of  duty,  or  default  in  not  prosecuting  and  recovering 
money  upon  any  claim  placed  in  his  hands  for  collection  according  to 
law,  or  for  a  breach  of  duty  in  not  jiaying  over  money  collected  by 
him  upon  any  such  claim,  the  receipt  of  such  Constable  to  the  creditor 
or  his  agent  for  the  claim  for  collection,  or  proof  that  he  received  it 
for  collection  according  to  law,  shall  be  sufficient  prima  facie  evidence 
to  entitle  the  plaintiff'  to  recover  in  such  suit,  unless  the  defendant 
shall  prove  that  the  Constable  has  discharged  his  duty  in  such  case 
according  to  law. 

Bond  in  Force  unless  Prevented  from  Recovering  the  Money,  <&c. 

Sec.  21.  The  bond  of  the  Constable  which  shall  be  in  force  at  the 
time  he  shall  receive  claims  for  collection,  shall  be  liable  to  be  sued 
and  recovered  upon,  in  cases  under  the  last  preceding  section,  unless 
it  shall  a])pear  in  proof  that  after  using  reasonable  diligence  he  was 
prevented  ii'om  recovering  the  money  from  the  defendant,  by  a  super- 
sedeas of  the  judgment  recovered  against  him,  or  an  injunction  or 
certiorari,  or  unless  the  powers  of  the  Constable  shall  cease  l)ef()ro  he 
could  by  execution,  and  the  use  of  proper  diligence,  recover  such 
claim. 

A}iy  Other  Bond  of  Constable  Lidble  for  Neglect,  &g. 

Sec.  22.  The  last  preceding  Section  shall  not  preclude  any  creditor 
from  instil  uting  suit  upon  any  other  bond  of  the  Constable,  if  neglect, 
default  or  breach  of  duty  shall  arise  under  or  during  the  official  action 
of  the  Constable  under  such  bond. 


180  CONSTABLES. 

Any  Justice  may  Issti^  Against  the  Constable,  &c. 

Sec.  23.  Where  any  Constable  shall  receive  money  and  shall  fail  to 
pay  the  same  to  the  party  to  whom  due,  or  to  his  executors,  adminis- 
trators or  assigns,  any  Justice  on  application  of  the  party,  his  execu- 
tors, administrators  or  assigns,  may  issue  a  summons  against  the  Con- 
stable for  the  n;oney  by  him  receivevi,  and  may  direct  said  summons 
to  any  Constable  or  other  person  willing  to  serve  the  same,  and  on  re- 
turn of  such  summons  the  Justice  shall  proceed  as  in  other  cases. 
Constable  not  Allmced  a  Supersedeas. 

Sec.  24.  Upon  a  judgment  rendered  under  the  last  preceding  Sec- 
tion, the  Constable  shall  not  be  allowed  a  supersedeas,  but  execution 
may  issue  forthwith. 

Constable  Sicorn  to  Grand  Jury. 
Sec.  25.  Each  Constable  shall  be  sworn  up  at  every  Circuit  Court 
of  the  county,  or  Criminal  Court  of  Baltimore,  to  the  Grand  Jury. 

To  Visit  Gaming  Tables  and  Riport  Them. 

Sec.  26.  They  shall  visit  all  places  within  their  respective  cities  or 
counties  where  it  is  suspected  gaming  tables  are  kept,  and  give  in- 
formatir-n  of  all  violations  of  law  to  the  next  Circuit  Court  or  Crimi- 
nal Court  of  their  county  or  city. 

To  Require  Certain  Persons  to  Produce  License. 

Sec.  27.  They  shall  require  any  person  carrying  goods  from  place 
to  place  for  sale,  to  produce  a  license,  and  in  case  of  refusal  or  neglect 
to  produce  the  same,  shall  carry  sucli  person  bef^>re  a  Justice,  who 
shall  take  recognizance  from  him  with  security  to  appear  at  the  next 
Circuit  Court  of  the  county  or  Criminal  Court  of  Baltimore  city. 

To  Require  Non- Residents  Selling  Liquors  to  Prodxux  License. 

Sec.  28.  They  shall  make  strict  inquiry,  and  call  on  all  person? 
who  do  not  reside  in  tlieir  respective  counties  or  city,  and  who  arc 
retailing  spirituous  liquors,  for  their  license,  and  ui)on  their  refusal  to 
produce  the  same,  shall  give  information  to  some  Justice  of  the  Peace, 
under  the  penalty  of  ten  dollars,  to  be  recovered  before  a  Justice  oi 
the  Peace. 

Shall  Inspect  Retailer^s  Measures. 

Sec.  29.  Every  Constable  shall,  upon  complaint,  enter  into  the  house 
of  any  retailer,  and  there  call  for  and  inspect  the  measures  used  by 
such  retailer. 

Sections  31,  32  and  33,  relate  to  meetings  of  negroes  and  slaves, 
and  are  obsolete. 

Constcdjle  to  Deliver  Committed  Persons  to  Sheriff  at  Jail. 

Sec.  34.  Every  Constable  shaU  deliver  to  the  Sheriff  at  the  jail  any 
person  who  may  be  committefl  to  his  custody  for  tliat  pur])ose  by  a 
Justice  of  the  Peace  or  other  ollicer  having  the  power  to  commit. 

See  Justices  of  the  Peace,  page  171,  sec.  68. 


CONSTABLES.  181 

FEES  OF   CONSTABLES. 

The  Public  General  Laws,  Article  38,  Sections  12  and  13,  as  ])er 
Acts  of  1865,  cliapter  07,  and  1872,  chapter  424,  prescribe  the  lees  ol 
Constables,  &c.,  as  follows : 

ConstaNes'  Fees. 

Akt.  88,  Skc.  12.  The  several  Constal)les  in  this  State  shall  be  en- 
titled to  demand  and  receive  the  following  fees: 

For  serving  state  warrant  and  return,  %     75 

For  serving  a  search  warrant,  75 

For  serving  summons  in  civil  suit  and  return,  45 

For  serving  summons  for  witness,  each  witness,  20 

For  serving  scire  facias  and  return,  40 

For  levying  fieri  facias  and  return,  20 

For  delivering  a  person  committed  over  to  jailor,  75 

and  five  cents  per  mile  for  every  mile  he  may  have  to  travel, 
and  the  actual  necessary  traveling  expenses  of  each  prisoner. 
For  summoning  jury  in  inquest,  each  juror,  15 

For  levying  attachments  for  contempt,  75 

For  serving  writ  of  replevin  and  return,  45 

For  serving  warrant  of  distraint,  25 

For  summoning  and  swearing  appraisers  on  distress  for  rent, 

and  on  replevin,  each  appraiser,  25 

For  serving  an  attachment  in  the  hands  of  each  garnishee,  50 

For  killing  dog  found  killing  sheep,  to  be  paid  by  the  owner 

of  1 he  dog,  4  00 

For  poundage  fees  on  any  distraint,  replevin,  attachment  or 
fieri  facias,  8  per  cent,  on  the  first  |25  and  3  per  cent,  on  the 
residue,  but  if  the  defendant  shall  supersede  the  judgment  on 
which  the  execution  or  attachment  shall  have  been  issued 
within  four  days  after  the  same  shall  have  been  levied  or 
served,  the  Constable  shall  only  be  entitled  to  receive  one-half 
of  said  poundage  fees. 
For  arresting  any  person  charged  with  a  misdemeanor,  for  en- 
tering any  enclosure  and  destroying  property  therein,  in  the 
limits  of  the  city  of  Baltimore,  or  within  four  miles  thereof,       1  00 

Sec.  13.  The  county  commissioners  in  the  several  counties  and  the 
Mayor  and  City  Council  of  Baltimore  shall  levy  on  the  assessable 
property  of  their  respective  counties,  or  the  said  city,  the  amount  of 
fees  that  the  Constables  of  the  several  counties  or  the  said  city  are  en- 
titled to  receive  for  executing  criminal  business ;  Provided,  that  no- 
thing contained  in  this  section  shall  exempt  any  criminal  from  pay- 
ing the  cost  of  his  arrest  if  he  shall  be  of  sufiicient  ability  to  do  so. 
All  Public  Local  Laws  relative  to  the  fees  of  Constables  are  hereby 
repealed. 


183  SHERIFFS. 

THE     SHERIFF  S. 

Constitution,  Art.  IV,  Sec.  44,  and  Art.  15,  Sec.  8. 

The  provisions  of  the  Constitution  relating  to  Sheriffs  are  contained 
in  Article  4,  Section  44,  &c.,  as  follows : 

Election —  Qualification —  Term — Bond —  Vacancy. 
Sec.  44.  There  shall  be  elected  in  each  county,  and  in  the  city  of 
Baltimore,  in  every  second  year,  one  person,  resident  in  said  county  or 
city,  above  the  age  of  twenty-five  years  and  at  least  five  years  preceding 
his  election,  a  citizen  of  this  State,  to  the  office  of  Sheriflf.  He  shall 
hold  his  office  for  two  years,  and  until  his  successor  is  duly  elected  and 
qualified  ;  shall  be  ineligible  for  two  years  thereafter,  shall  give  s^uch 
bond,  exercise  such  powers,  and  perform  such  duties  as  now  are,  or 
may  hereafter  be  fixed  by  law.  In  case  of  a  vacancy  hj  death,  resig- 
nation, refusal  to  serve,  or  neglect  to  qualify,  or  give  bond,  or  by 
disqualification,  or  removal  from  the  county  or  city,  the  Governor 
shall  appoint  a  person  to  be  Sheriff  for  the  remainder  of  the  official 
term. 

Sheriff  to  give  Notice  of  Elections. 

Art.  15,  Sec.  8.  The  Sheriffs  of  the  several  counties  of  this  State 
and  of  the  city  of  Baltimore,  shall  give  notice  of  the  several  elections 
authorized  by  this  Constitution,  in  the  manner  i^rescribed  by  existing 
laws  for  elections  to  be  held  in  this  State,  until  said  laws  shall  be 
changed. 


SHERIFFS'  DUTIES   UNDER   GENERAL  LAWS. 

The  duties  of  the  Sheriff  under  Article  88,  of  the  Public  General 
Laws,  are  as  follows : 

Shall  take  Oath  within  TMrty  Days. 

Art.  88,  Sec.  1.  Every  Sheriff  elected  shall,  within  thirty  days  after 
his  commission  has  been  received  by  the  clerk  of  his  county  or  city, 
make  the  declaration  of  religious  belief  required  by  the  Constitution, 
and  also  take  the  oaths  therein  prescribed  before  such  clerks. 
Shall  give  Bond  in  $25,000. 

Sec  2.  He  shall  also,  before  he  acts  as  such,  give  bond  to  the  State 
of  Maryland  in  the  penalty  of  twenty-five  thousand  dollars,  with  se- 
curity to  l)e  ajjproved  by  two  .ludges  of  the  Orphans'  Court,  or  the 
Judge  of  the  Circuit  Court  for  his  county,  if  he  be  elected  for  a  coun- 
ty, or  any  two  .ludges  of  the  Orphans'  Court  of  Baltimore  city,  or  the 
Judge  of  the  Superior  Court  of  Baltimore  city,  if  he  be  elected  for 
said  city,  with  conditicm  that  he  shall  well  and  fdthf'ully  execute  the 

office  of  Sheritf  of county,  ur  the  city  of  Baltimore,  in  all  things 

appertaining  thereto,  and  shall  well  and  truly  perform  all  the  duties 
required  ijy  law  to  be  by  him  performed. 

Shall  giiH'  Jioml  each  Year, 
Sec.  B.  He  shall  give  such  bond  in  each  year  of  his  sheriflfiilty  before 
the  tir-^t  day  oiManuary  in  cacli  year:  and  the  ijond  shall  be  recorded 
by  ihe  clerk  adniinihlering  the  oath  oi  office. 


SUEKIFF3.  183 

On  Failure  to  Bond — Governor  to  Appoint  a  Successor,  &c. 
Sec.  4.  If  any  Sheritt'in  office,  ])ri<)r  to  the  first  clay  of  any  January 
last  i)ast.  shall  have  failed  at  any  time  heretofore  to  trive  and  ofler  for 
record  the  Ijond  in  the  pfeceding  section,  required  within  ninety  days 
after  the  said  first  day  of  January  hist  ])ast  of  his  sheriffalty,  it  shall 
be  the  duty  of  the  Clerks  of  the  Circuit  Courts  of  the  respective  coun- 
ties, or  of  the  Clerk  of  the  Su])crinr  Court  of  Baltimore  city,  as  the 
case  may  be,  to  give  notice  forthwith  of  such  failure  to  the  Governor 
of  the  State,  whose  duty  it  shall  be  at  once  to  require  the  Attorney 
General  to  institute  the  ])roper  i:)r()ccedings  to  vacate  the  office  of  said 
Sheriff",  and  upon  said  vacation,  to  appoint  a  successor  until  the  next 
general  election.  If  the  bond  hereinbefore  required  should  be  filed 
within  the  ninety  days  hereinbefore  named,  but  subsequent  to  the  first 
day  of  January  in  any  year,  it  shall,  in  addition  to  tlie  jjrovisions 
hereinl)efore  required,  be  so  conditioned  as  to  make  the  ol)ligors  in 
such  bond  resjjonsible  also  for  all  official  acts  of  said  Sheriff",  commit- 
ted or  done  by  him  from  the  said  first  day  of  January  up  to  the  date 
of  the  filing  of  the  said  bond,  as  well  as  thereafter. — 1867,  ch.  314. 

Special  Oath  Relating  to  Jurors. 

Sec.  5.  Before  acting  as  Sheriff",  he  shall  also,  under  the  penalty  of 
fifty  dollars,  take  the  following  oath :  "I,  A.  B.,  do  swear,  that  in 
summoning  jurors  for  any  purpose,  I  will  use  my  utmost  diligence  to 
summon  and  return  as  jnrors  sober,  intelligent  and  judicious  persons, 
of  good  reputation  and  character  for  honesty  and  impartiality,  to  serve 
as  jurors;  and  that  I  will  not  smnmon,  (or  permit  any  officer  under 
me,)  to  summon  any  juror  who  in  my  judgment  will  be  influenced  in 
determining  any  of  the  matters  which  sliall  come  before  him  as  a  juror, 
by  hatred,  malice  or  ill-will,  fear,  favor  or  afi'ection,  or  by  any  i)artial- 
ity  whatever,  and  that  I  will  not  summon  or  re*-urn  as  a  juror  any 
person  who,  in  my  opinion,  or  to  my  knowledge,  may  have  solicited 
to  be  returned  on  the  panel  of  jurors,  or  may  have  been  recommended 
or  requested  to  be  returned  by  another  person."  The  above  oath  shall 
be  taken  before  the  clerk,  and  be  by  him  recorded. 

Oath  in  Open  Court. 

Sec.  6.  On  the  return  of  jurors  to  each  term  of  the  court  to  which 
the  same  may  be  returned,  the  Sheriff"  shall  take  in  open  court  an  oath, 
in  the  precise  form  of  the  oath  prescribed  in  the  preceding  section, 
except  substituting  the  words  "I  have  not  summoned"  for  "I  w'ill  not." 

In  Case  of  Illness,  <&c. 

Sec.  7.  The  oath  mentioned  m  the  last  preceding  section  may  be 
made  by  the  Shcriflf  before  the  clei-k  at  the  time  he  makes  his  return 
of  jurors,  instead  of  making  it  in  open  court,  in  cases  where  the  Sheriff" 
cannot  possibly  attend  the  court  by  reason  of  sickness  or  other  causes, 
and  in  no  other  cases. 

Serving   Writs  and  Process. 

Sec.  8.  All  writs  and  ])rocess  shall  be  directed  to  the  Sheriff",  unless 
he  is  disqualified,  or  unless  where  by  law  the  writ  or  process  may  be 
directed  to  another  officer. 

According  to  Command. 

Sec.  9.  He  shall  serve  and  return  all  writs  and  process  directed  to 
him,  according  to  the  command  contained  therein. 


184  SHEKIFFS, 

May  Re-arrest  any  Person. 

Sec.  10.  He  may  re-arrest  any  person  that  he  has  before  arrested  on 
a  capias  or  attachment,  and  permitted  to  go  at  hirge;  and  such  sec- 
ond arrest  shall  lie  as  available  as  if  the  par^y  had  been  detained  un- 
der the  first ;  Provided,  such  second  arrest  be  made  before  or  during 
the  session  of  the  court  to  which  the  writ  is  returnable. 

May  take  a  Bail  Bond. 

Sec.  11.  He  or  his  deputy,  when  he  arrests  a  person  on  a  writ  for 
any  criminal  offence  not  punishable  by  confinement  in  the  peniten- 
tiary, may  take  a  bail  bond  from  the  person  so  arrested,  with  securitj' 
to  be  by  him  approved,  and  in  a  penalty  not  exceeding  three  hundred 
dollars,  with  condition  that  the  person  so  arrested  shall  appear  in 
court  on  the  day  the  said  writ  is  returnable,  and  attend  the  court  from 
day  to  day,  and  not  depart  therefrom  without  the  leave  of  the  said 
court ;  and  if  the  person  so  arrested  cannot  give  bail  bond,  he  shall  be 
taken  before  a  Justice  of  the  Peace,  to  be  dealt  with  according  to  law. 

Hoio   TaTcen  and  Returned. 
Sec.  12.  Such  bail  bond  shall  be  taken  in  the  name  of  the  State, 
and  shall  be  returned  to  the  court  to  which  such  writ  is  returnable, 
on  the  first  day  thereof 

Upon  Failure  to  Produce  any  Person,  dc,  Sheriff  Amerced. 
Sec.  13.  When  a  Sheriff  shall  return  any  person  arrested  upon  crim- 
inal process,  either  mesne  or  final,  and  shall  fail  to  bring  such  person 
into  court,  and  shall  be  amerced,  the  court  may,  in  the  name  of  the 
State,  for  the  use  of  the  State,  or  such  person  as  may  be  interested,  on 
motiim  of  the  State's  Attorney,  direct  judgment  to  be  entered  against 
such  Sheriff  for  the  sum  ibr  which  he  shnll  have  been  amerced  ;  or  for 
the  fine,  penalty  or  forfeiture,  and  costs  ibr  which  judgment  may  have 
been  entered  against  the  person  so  arrested,  which  judgment  shall  have 
the  same  effect  as  if  rendered  on  verdict. 

Duty  of  the  Court. 

Skc.  14.  The  court,  in  imposing  such  amercements,  shall  govern 
themselves  by  such  principles  as  under  all  circumstances  shall  ajipear 
to  them  to  be  reasonable,  taking  care  to  keej)  the  public  indemnified 
from  all  costs  and  charges. 

Sheriff  Amerced  on  Failure  to  Return   Writ,  &c. 

Sec.  15.  If  any  Sheriff  shall  fail  to  return  an  original  writ  within 
the  lime  limited  by  rule  of  the  court  for  that  purpose,  the  court,  on 
motion,  shall  amerce  the  Sheriff  to  the  amount  ot  the  debt  or  damages 
and  costs  due  from  the  defendant,  to  be  ascertained  by  the  oath  of  the 
plaintifi',  his  agent  or  attorney,  and  such  other  proof  as  the  court  may 
recjuire,  and  shull  enter  judgment  nisi  the  second  day  of  the  next  term 
lliereafttr,  Inr  tiie  amount  of  the  amercement  aforesaid,  in  the  name  of 
the  jjlaintitt'  against  sucli  Sheriff";  which  judgment  shall  have  the  same 
effect  as  if  rendered  upon  verdict. 

On  Failure  to  Return  Execution,  Judgment  Entered  Against  Sheriff. 
Sec.  1G.  If  any  Sheriff  shall  fail  to  make  return  of  a  writ  of  execu- 
tion within  the  time  limited  l)y  rule  of  court  for  that  purpose,  the 
court  may  cause  judgment  to  be  entered  in  the  n:»me  of  the  plaintiff. 


SHERIFFS.  lyS 

against  such  Sheriff,  for  the  amount  of  the  judgment  recited  in  such 
execution,  wliich  judgment  sliall  have  the  same  et!ect  as  a  judgment 
rendered  on  verdict. 

Unless  said   Wint  teas  not  Iteceived  by  Him,  &c. 
Sec.  17.  The  court,  on  motion,  shall  order  a  Sheriff  to  make  return 
of  any  original  writ,  or  writ  of  execution,  unless  such  Sheriff  shall  sat- 
isfy tiie  court  by  his  oath  or  otherwise,  that  the  said  writ  was  not  re- 
ceived by  him,  or  to  his  knowledge  by  any  of  his  deputies. 

If  Sheriff  Pay  Plaintiff  lie  may  Issue  Execution  in  his  own  Name. 

Sec.  18.  If  a  Sheriff  shall  pay  to  the  plaintiff  any  judgment  render- 
ed against  him  as  aforesaid,  he  shall  thereupon  be  entitled  to  the  orig" 
inal  cause  of  action,  or  the  judgment,  as  fully  as  the  plaintiff  was? 
and  may  issue  any  execution  in  his  own  name,  or  in  the  name  of  the 
plaintiff,  on  such  judgment  for  his  own  use,  or  prosecute  such  action 
to  judgment  and  execution  for  his  own  use;  and  shall  be  entitled  to 
every  other  l)enpfit  and  advantage  from  such  judgment  or  cause  of  ac- 
tion and  suit  thereon  depending,  that  the  original  plaintitY  might 
have  had  thereon. 
When  Writs  from  another  County  are  Returnable — Fine  Fifty  Dollars. 

Sec.  19.  The  Sheriff  shall  serve  and  return  all  writs  and  process 
which  may  be  sent  from  another  county  or  city  and  delivered  to  him, 
to  the  court  to  which  the  same  is  returnal)le,  on  or  before  the  second 
day  of  the  session  of  such  court;  and  if  he  neglect  or  fail  to  do  so,  it 
shall  be  considered  a  contempt  of  the  court,  and  such  Sheriff",  for  such 
contempt,  shall  forfeit  and  pay  a  fine  not  exceeding  $50. 
Cou)t  Imposing  Fine  to  Certify  the  Same,  d-c. 

Sec.  20.  The  court  imposing  the  fine  for  the  contempt  mentioned 
in  the  last  preceding  section,  shall  certify  the  same  to  the  Circuit 
Court  of  the  county  wliere  the  Sheriff  resides  ;  or  if  he  resides  in  the 
city  of  Baltimore,  to  the  Superior  Court  of  Baltimore  city  ;  and  upon 
the  receipt  of  such  certificate  by  the  court  to  w'hich  it  may  be  sent, 
the  said  court  shall  forthwith  compel  the  payment  of  the  same  in  the 
same  manner  as  if  the  tine  had  been  irajiosed  Vjy  such  court. 
3Iay  Etturn   Writs,  &c.  by  Mail. 

Sec.  21.  The  Sheriff  may  return  any  writ  or  otlier  process  sent  from 
another  county  or  city,  to  the  clerk  of  the  court  to  w'hich  the  same 
may  be  returnable,  by  mail,  in  a  cover  sealed  up  and  duly  addressed; 
but  the  non-return  of  such  process  by  time  hereinbefore  limited,  shall 
not  be  exc'sed  l)y  any  evidence  which  such  Sheriff  may  offer,  to  p'-ove 
that  such  writ  or  process  was  deposited  in  the  post  office  to  be  so 
transmitted,  except  the  jiositive  affidavit  in  writing  of  the  said  Sher- 
iff himself,  setting  forth  substantially  the  process  so  transmitted,  the 
return  endorsed  thereon,  the  nuinner  in  which  the  same  was  covered 
and  addressed,  and  the  actual  time  when  the  same  was  deposited  in 
the  post  office. 

Court  if  Satisfied,  may  Remit  the  Fine. 

Sec.  22.  If  the  court  before  which  said  Sheriff  shall  be  brought  for 
contcm])t,  sliall  be  satisfied  of  the  facts  contained  in  such  affidavit, 
and  that  such  process  was  deposited  in  the  proper  post  office  in  due 
time,  to  be  transmitted  to  the  court  to  which  the  same  was  returnable, 


186  SHERIFFS. 

the  said  court  may  remit  the  fine  aforesaid,  and  discharge  the  sheriff 
from  tlie  attachment,  on  payment  of  the  costs  arising  from  the  proceed- 
ings had  in  consequence  of  the  non-return  of  the  writ  or  process;  and 
the  court  shall  direct  the  atfidavit  to  be  tiled,  and  their  judgment  in 
relation  thereto  to  be  entered  on  the  record  of  their  proceedings;  but 
nothing  herein  contained  shall,  in  any  manner,  afiect  the  remedy  given 
the  party  grieved  by  the  next  succeeding  section,  for  the  neglect  or 
delay  of  the  Sherifi'  in  not  making  a  due  return  of  said  process. 

Sheriff  Neglecting  to  Return  any  Process  from  another  County, 

Fined  $200. 

Sec.  23.  When  any  proces«!  shall  be  issued  from  any  Circuit  Court 
of  a  county,  or  the  Court  of  Cnmmon  Pleas,  or  the  Superior  Court  of 
Baltimore  city,  or  the  Circuit  or  City  Court  of  Baltimore  city,  directed 
to  the  Sheriff  of  another  county  or  the  said  city,  and  the  Slieritl'to  whom 
the  same  shall  be  directed  shall  neglect  to  make  due  return  thereof  to 
the  court  to  which  such  process  may  be  made  returnable,  such  court 
may  on  motion  and  on  jjroof  of  the  delivery  of  such  process  to  said 
Sherifl',  amerce  said  Sherifl"  in  a  sum  not  exceeding  two  hundred  dol- 
lars, and  enter  judgment  against  him  for  the  amercement  so  imposed, 
in  the  name  of  the  State,  but  for  the  use  of  the  i-)arty  aggrieved  by 
the  neglect  of  said  Sherill";  which  judgment  shall  be  as  valid  as  if  ren- 
dered \i\wn  verdict,  and  the  party  for  whose  use  the  same  shall  have 
been  entered,  may  sue  out  execution  thereon. 

Sheriff^s  Executor  to  Return  Process  in  Case  of  Death. 
Sec.  24.  If  any  Sheriff  shall  die  either  before  or  after  the  expiration 
of  his  term  of  service,  having  in  his  hands  any  writ  or  j^rocess  exe- 
cuted or  unexecuted,  or  in  part  executed,  his  executor  shall  forthwith 
return  the  same  to  the  cleik  or  register  of  the  court  out  of  which  it 
issued,  togcilier  with  all  papers,  (if  any,)  showing  the  proceedings  of 
such  Sheriff  in  virtue  thereof 

HoiD  such  Process  may  he  Issued  hy  Clerics,  &c. 
Sec.  25.  On  application  by  the  person  for  whose  use  such  process 
may  have  issued,  the  clerk  or  register  shall  issue  such  process  as  he 
might  have  issued  if  the  return  had  been  made  by  the  deceased 
Sheriff ;  and  the  same  may  be  issued  before  or  after  the  return  day 
named  in  the  process  in  the  hands  of  such  deceased  Sheriff;  or  if  the 
executor  shall  neglect  or  refuse  to  make  the  return  as  afuresaid,  the 
I)hiiiitill"  may  issue  a  duplicate  or  new  writ,  as  provided  in  the  follow- 
ing section : 

If  Sheriff  Moves  Out  of  the  County,  &c. 

Sec.  26.  If  any  Sheriff  hath  taken  into  possession,  any  goods  or  chat- 
tels, lauds  or  tenements,  by  virtue  of  any  writ  of  execution,  and  shall 
remove  out  of  the  county  or  city  wherein  he  acted  as  Sheriff  before 
the  return  day  of  such  execution,  or  without  having  made  any  return 
therecjf,  the  plaintiff  or  his  representative,  befi)re  the  return  day,  may 
obtain  a  duplicate  of  such  writ  of  execution,  or  after  the  return  day  a 
new  writ  of  execution  directed  to  the  Sheriff  or  some  coroner  of  the 
county  or  city,  lor  the  time  l)eing,  as  the  case  may  re(juire;  under 
which  duplicate  or  new  writ  of  execution,  such  Sheriff  or  coroner 
may  seize,  and  take  into  his  possession,  the  goods  or  chattels,  lands 


SHERIFFS.  187 

or  tenements  seized  and  taken  by  the  removed  Sheriff,  and  sell  the 
same  as  in  other  executions,  and  shall  be  entitled  to  the  whole  ptnuid- 
asre  fees,  to  the  exclusion  of  the  SlierifTso  removing. 

When  Jxulge  May  Order  Srhedtile,  <&c.  Amended,  &e. 

Sec.  27.  If  any  Sheriff  has  taken  any  goods,  chattels,  lands,  or  ten- 
ements, in  virtue  of  any  execution,  and  shall  die,  resign  or  remove 
from  the  county  before  the  same  are  sold,  and  the  goods,  chattels, 
lands  or  tenements,  shall  be  insutllcicntly  or  ir.formally  descril)ed  in 
the  schedule  returned  by  such  Sheriff,  the  court  fi'om  which  such  exe- 
cution issued,  or  the  judge  thereof  during  the  recess,  shall  order  the 
schedule  and  return  of  any  such  Sheriff  to  be  amended  so  as  to  de- 
scribe -with  sufficient  certainty  the  property  purporting  to  be  taken 
in  virtue  of  such  writ. 

If  Sheriff  Dies   Without  Executing  a  Deed,  &c. 

Sec.  28.  If  any  Sheriff  shall  make  sale  of  any  lands  or  tenements, 
and  shall  die  without  executing  a  deed  of  conveyance  to  the  pur- 
chaser, the  court  out  of  which  the  execution  issued,  under  which  the 
lands  were  sold,  may,  on  the  application  of  the  purchaser  or  his  legal 
representative,  order  and  direct  the  Sheriff  for  the  time  being,  or  some 
one  of  the  coroners,  (as  the  case  may  be.)  of  the  county  or  city  in 
which  the  lands  or  tenements  lie,  to  execute  a  deed  of  ccniveyance  to 
the  purchaser,  or  his  legal  representative;  this  to  apply  to  all  officers 
making  sales  under  executions. 

Deeds  for  Lands,  rf-c.  Sold   Under  Execution  'by  a  Justice. 

Sec.  29.  Any  deed  made  by  a  Sheriff,  for  any  lands,  or  any  estate, 
or  interest  therein  sold  l)y  him  under  an  execution,  issued  by  a  .Justice 
of  the  Peace,  shall  have  the  same  effect  as  a  deed  made  by  a  constable 
under  similar  circumstances. 

Venditioni  Exponas  Issued  in  Certain  Cases. 

Sec.  30.  If  any  Sheriff  shall  have  taken  property  in  execution  and 
shall  fail  to  make  sale  thereof  for  live  years,  or  shall  be  in  insolvent 
circumstances,  the  person  for  whose  use  such  execution  was  issupd 
may.  in  either  case,  have  a  venditioni  exponas  issued  to  the  Sheriff 
for  the  time  being. 

To  Execute  the  Sentence  of  Death. 

Sec.  31.  The  Sheriff  shall  execute  the  sentence  of  death  pronounced 
against  any  criminal  by  the  judgment  of  any  court  of  this  State,  when- 
ever he  is  authorized  to  do  so  by  the  warrant  of  the  Governor. 

To  Remove  Persons  to  the  Penitentiary. 
Sec.  32.  Every  person  convicted  in  any  court  of  this  State,  and  sen- 
tenced to  undergo  a  conlincnient  in  the  penitentian,  shall,  as  soon  as 
possible  after  conviction,  be  safely  removed  by  the  Sheriff  of  the 
county  where  such  conviction  took  place,  and  at  the  expense  of  such 
county,  to  the  penitentiary  ;  and  every  Sheriff  failing  to  comply  with 
the  provisions  of  this  section,  shall  forfeit  one  thousand  dollars. 

Proceedings  on  Executions  Against  the  Stock  and 
Transferable  Debts  of  Corporations. 
Sec.  33.  Any  interest  which  any  defendant  in  a  judgment  or  decree 
rendered  by  a  court  of  law  or  equity,  has  in  the  capital,  joint  stock, 


188  SHEKIFFS. 

or  debts  of  a  corporation,  transferable  on  its  books,  shall  be  liable  to 
execution  or  att:ichment,  and  the  same  proceedings  shall  be  had  as  in 
other  cases,  except  where  they  are  varied  by  the  following  sections : 
Sheriff  to  Leave  Notice  in  Writing. 
Sec.  34.  The  Sheriff  or  other  officer,  upon  being  instructed  to  levy 
such  writ  on  any  such  stock  or  debt,  shall  deliver  to  tlie  president  or 
chief  officer,  or  leave  at  the  place  of  business  of  such  corporation,  a 
notice  in  writing,  sta'  ing  that  he  has  seized  the  stock  or  debt  of  the 
defendant,  (naming  him,)  and  the  purpose  for  whicli  he  has  seized  it, 
and  shall  retain  a  copy  of  such  notice  and  return  it  with  the  writ. 

May  Require  the  Corporation  to  Certify  to  DefendanVs  Stock,  &e. 

Sec.  35.  Upon  th'^  service  of  such  notice,  the  Slieriff  may  require  the 
president  or  any  otlier  officer  of  the  corporation,  to  certify  to  him,  in 
writing,  the  number  of  shares  of  tlie  stock,  and  the  amount  of  transfer- 
able debt  on  its  books  standing  in  the  name  of  th»  defendant  at  the 
time  of  said  notice,  and  if  any  president  or  o*^her  officer  so  required, 
shall  refuse  or  neglect  for  twenty-four  hours  to  deliver  such  a  certifi- 
cate, the  Sherift*  or  other  officer  shall  certify  the  fact  to  the  court  to 
which  the  writ  is  returnable,  or  any  judge  thereof,  and  the  court  or 
judge  may  order  an  attachment  of  contempt  against  such  president  or 
other  officer,  and  may  compel  him  to  answer  upon  oath,  on  oral  ex- 
amination as  to  the  numlier  of  shares  of  stock,  and  amount  of  debt 
standing  on  the  books  of  the  corporation,  in  the  name  of  the  defend- 
ant at  the  time  of  service  of  such  notice,  and  may  compel  the  produc- 
tion of  the  books  of  said  corporation,  and  also  iine  the  president  or 
other  officer  for  not  giving  the  required  certifif^ate. 

Sheriff  to  Make  a  Schedule  of  Shares,  de. 

Sec.  3(5.  When  the  Sheriff  has  ascertained  the  number  of  shares  of 
stock,  and  amount  of  such  debt  standing  in  the  name  of  the  defend- 
ant, he  shall  make  a  schedule  of  such  shares  or  debt,  or  so  much 
thereof  as  will  be  amply  sufficient  to  secure  the  sum  of  money  lie  is 
required  to  levy,  and  costs,  and  shall  give  notice  that  the  stock  or 
debt  not  included  in  his  schetlule  is  released. 

To  Sell  StocJc  as  if  Meal  Estate. 

Sec.  37.  If  the  levy  be  made  under  a  fieri  liicias,  the  Sheriff  shall 
advertise  and  sell  the  stock  or  debt,  as  if  the  s.iuie  were  real  estate. 

Corporation  to  Pay  the  Claim  if  Stock  is  Transferred. 
Sec.  38.  If  any  corporation,  or  its  officers,  after  service  of  notice  of 
seizure  as  aforesaid,  shall  transfer,  or  permit  to  be  transferred,  any 
shares  of  stock  or  any  debt  standing  at  the  time  of  service  in  the  name 
of  the  defendant,  unless  the  same  is  released  as  hereinafter  provided, 
such  corporation  shall  pay  to  the  plaintiff  in  the  writ  under  which 
such  notice  was  given,  the  full  market  value  of  the  stock  or  debt  so 
transferred,  to  be  recovered  by  action  as  for  tort. 

Notice  of  Payment,  &c.,  to  he  Given  Corporation.. 
Skc.  39.  If  the  proceedings  under  such  writ  be  ended  by  counter- 
mand, ])ayment  or  any  otlier  cjuise,  before  a   sale,  the  sfock   seized 
tliereuiuler  shall  be  released,  and  the  Sheriff  shall  give  notice  thereof 
in  writing  to  the  corporation. 


SHEKIFFS.  189 

Sheriff  to  Transfer  the  Stock  to  Purchaser  on  Compani/s  BooTcs. 

Sk(^  40.  If  tlie  Sheriff  shall  make  sale  of  any  shares  of  stock  or 
transft'i-al)ie  debt,  whether  he  continues  in  office  or  not,  or  wiictlier  he 
has  returned  the  writ  under  which  tlie  sale  was  made  or  not,  he  shall 
transfer  the  same  on  tlie  l>ooks  of  the  corporation  to  the  purcliascr; 
or  if  the  Sheriff  making  such  sale  shall  die,  or  remove  from  the  (boun- 
ty, without  makint,^  such  transfer,  the  court  to  which  the  writ  was 
returnable,  may  appoint  a  person  to  make  the  same. 

Offuers  Refusing,  Pinilshable  for  Contempt. 

Sec.  41.  If  any  corporation,  or  any  of  its  olhcers,  shall  refuse  to 
permit  any  transfer  authorized  to  be  made  by  the  precedini^  section, 
the  court  to  which  the  writ  by  virtue  of  which  such  stock  or  debt 
was  sold  was  returnable,  or  any  judge  thereof  in  vacation,  may  punisli 
by  process  of  contempt  all  persons  so  refusins  to  permit  such  trans- 
fer, and  may  also  cause  the  pro])er  book  of  such  corporation  to  be 
brought  before  such  court  or  judge,  and  the  transfer  to  be  made,  and 
such  corporation  sliall  be  liable  for  all  damages  sustained  by  reason 
of  a  refusal  to  permit  a  transfer. 

If  Transfe)-  is  Delayed,  Purchaser  may  Refuse  it,  dr. 
Skc.  42.  The  purchaser  may  refuse  to  acce])t  the  transfer  of  any 
stock  or  transferable  debt,  unless  it  be  made  within  thirty  days  after 
the  sale,  and  may  bring  an  action  on  the  case  against  the  Sheriff, 
officer  or  corporation,  by  whose  defiult  the  said  tninsler  was  delayed 
or  omitted,  and  recover  the  value  of  the  stock  or  dcl)t  at  the  time  "the 
transfer  should  have  been- made,  or  at  any  time  afterwards. 

One  Dollar  Allowed  Person  Making  Transfer. 

Sec.  43.  Any  person  whom  the  court  may  appoint  to  make  any 
transfer,  sliall  be  entitled  to  the  sum  of  one  dollar,  to  be  paid  I)y  the 
purchaser  and  recovered  by  him  from  the  person  who  ought  to  have 
made  the  transfer. 

Summoning  Jurors. 

Sec  44.  If  the  Sheriff  shall  fail  to  summon  a  jury,  as  required  by 
law,  to  attend  the  courts  of  this  State,  such  failure  shall  be  deemed  a 
contempt  of  court,  and  he  shall  be  punished  for  such  contem])t  l)y  the 
court,  by  tine  or  imprisonment,  the  f  ne  not  to  exceed  live  hundred 
dollars,  or  the  imi^risonment  twenty  days. 

2^0  Dejmty  to  Summon  without  Order  in   Writing. 
Sec.  45.  He  shall  not  permit  any  deputy  to  summon  any  person  as 
a  juror  without  his  direction  in  writing,  specifying  the  name  of  the 
person  to  be  summoned. 

What  Officers'  Fees  Sheriff  to  Colkct. 
Sec.  46.  The  Slicriff  shall  collect  all  fees  due  to  the  following  officers 
which  may  be  placed  in  his  hands  for  collection,  between  the  first  day 
of  January  and  the  tirst  day  of  May,  in  each  year,  namely  :  Attorneys, 
Clerks  of  all  the  Courts,  Commissioner  of  the  Land  Office,  Coroners, 
Criers,  Registers  of  Wills,  Surveyors  and  Sheriffs.— 1861,  ch.  53. 

When  Sheriff  May  Dtstrain  for  Fees. 
Sec.  47.  He  may  distrain,  or  execute  the  goods  and  chattels  of  any 
person  against  whom  any  fees  are  placed  in  his  hands  for  collection ; 


190  SHERIFFS. 

Provided,  he  has  sixty  days  previously  delivered  to  such  person,  or  left 
at  his  place  of  abode,  an  account  of  such  fees. — lUd. 

May  Distrain,  &c.  Immedintely  in  Certain  Cases,  Unless  Secured. 
Sec.  48.  If  he  shall  be  informed  by  the  affidavit  of  any  one  taken 
l)efore  a  Justice  of  the  Peace,  that  a  person  against  whom  he  has  fees 
to  collect  hns  absconded,  or  is  about  to  do  so,  the  Sheriff  may  distrain 
or  execute  immediately,  without  previously  having  delivered  an  ac- 
count of  fees;  Fr&vided,  that  if  any  such  absconding  debtor  will  give 
the  Sheriff  good  and  sufficient  security  for  the  j^ayment  of  such  offi- 
cers' lees  within  six^y  days,  the  Sheriff  shall  not  sell  his  goods  or 
chattels. 

May  Execute  in  Five  Days. 

Sec.  49.  In  all  cases  of  di=!tress  or  execution  for  officers'  fees,  the 
Sheriff'  may  sell  the  goods  and  chattels  distrained  or  executed  at  pub- 
lic auction,  five  days  after  tlie  same  are  so  taken,  unless  such  officers' 
fees  are  jiaid  ;  but  the  Sheriff  shall  not  charge  any  fees  for  such  dis- 
tress, execution  or  sale. 

To  Account  for  Officers'  Fees  hefore  Nov.  Isi,  in  each  Year. 

Sec.  50.  The  Sheriff  shall,  before  the  first  day  of  November  in  each 
year,  account  with  and  pay  over  to  each  officer  who  may  have  placed 
fees  in  his  hitnds  for  collection;  and  if  any  Sheriff  sliall  refuse  or  ne- 
glect to  pay  over  officers'  fees  he  has  received  or  collected,  or  ought  to 
have  collected,  the  person  entitled  to  receive  the  same  mav  apply  to 
the  Circuit  Court  of  the  county,  or  the  court  in  the  city  of  Baltimore 
having  jurisdiction  over  the  amount  claimed,  and  such  court  shall 
render  judgment  against  such  Sheriff'  for  the  amount  due  from  him; 
Provided,  that  no  such  judgment  shall  be  entered  unless  the  person  ap- 
plying fnr  the  same  shall  exhibit  to  the  court  an  account  of  the  sum 
due,  verified  by  affidavit,  and  such  other  proof  as  the  court  may  re- 
quire, and  shall  prove  to  the  satisfaction  of  the  court,  that  he  has 
served  a  copy  of  such  account  on  said  Sherift'and  demanded  payment 
thereof  at  least  twenty  days  before  the  meeting  of  the  court  at  which 
the  application  is  made. 

Certain  Issues  may  he  Tried  hy  a  Jury,  &c. 

Sec.  51.  If  such  Sheriff"  shall  controvert  the  demand,  and  desire  a 
jury  to  l)e  impanneled,  the  court  shall  direct  a  jury  to  be  immediately 
imi)anneled  to  try  an  issue  whether  the  said  Sheriff'  be  chargeable 
with  and  liable  to  pay  any  and  what  sum  of  money  to  the  person  so 
claimini,',  and  authorized  to  receive  the  same,  and  the  court  shall 
])ass  judgment  on  the  verdict  of  the  jury  as  in  other  cases,  and  award 
execution  ;  and  no  execution  issued  on  any  judgment  rendered  under 
this  or  the  preceding  section  shall  be  stayed  by  writ  of  error,  superse- 
deas, injunction  or  appeal. 

May  Collect  Fees  One  Year  After  His  Term  has  Expired. 

Sec.  52.  Any  Slieriff  whose  term  has  expired,  shall  have  the  same 
])o\ver  tf)  collect  liis  own  fees  or  any  officers'  fees  previously  placed  in 
his  hands  for  collection  for  one  year  thereafter,  that  he  had  during  tlie 
time  he  was  Sheriff,  and  may  distrain  or  execute  for  the  same  in  the 
same  manner  as  if  his  conunission  had  not  expired. 


SHERIFFS. 


191 


Administrator  Ma/y  Collect  Fees,  &c. 

Sec.  53.  If  any  SlieriiT  shall  die,  his  administrator  may  collect 
all  fees  placed  in  the  hands  of  such  Sheriii'for  collection,  in  the  same 
manner  and  by  the  same  means  as  said  Sheriff  might  have  done  in  his 
lifetime  ;  Provided.,  the  power  to  execute  or  distrain  for  such  fees  shall 
not  extend  beyond  two  years  after  the  date  of  his  letters,  and  such 
fees  shall  be  ai)plit'(I  to  the  j^ayment  of  officers'  fees  due  from  the 
Sherili',  and  not  applied  to  any  other  purpose  until  such  officers'  fees 
are  paid. 

No  Execution  for  Officers'  Fees  in  Certain  Cases. 

Sec.  54.  No  Sheriff'  shall  levy  a  distress  or  execution  for  officers" 
fees,  if  the  person  from  whom  such  fees  are  claimed  shall  produce  the 
fonner  Sherift''s  receipt,  or  otlierwise  make  it  appear  that  the  said 
fees  have  been  paid,  under  a  penalty  of  Hfty  dollars  for  each  offence. 

Sheriff  Answerable  for  Fines  and  Peimlties. 

Sec.  55.  The  Sheriff  shall  be  answerable  for  all  fines,  penalties  and 
forfeitures  imposed  on  the  inhabitants  of  his  county  by  any  court  of 
record  in  this  State,  unless  he  can  show  that  the  jjarty  on  whom  the 
same  was  imposed  is  insolvent. 

He  may  require  State'' s  Attoi'ney  to  Issue  Execution  for  them. 
Sec.  50.  He  may  require  the  State's  Attorney  to  issue  an  execution 
for  all  lines,  penalties  or  forfeitures  so  imposed  and  the  costs ;  Pro- 
vided, that  any  person  adjudged  to  pay  a  fine  or  penalty  may  enter 
into  a  recognizance  with  security  for  the  payment  of  the  same  and 
costs,  within  sixty  days,  and  no  execution  shall  issue  for  the  same 
until  the  expiration  of  the  sixty  days. 

Such  Executions  Returnable  Next  Term. 

Sec.  57.  All  such  executions  shall  be  returnable  at  the  next  term 
succeeding  the  issuing  thereof,  and  if  the  Sheriff  returns  that  he  has 
taken  the  person  against  whom  such  execution  issued,  he  must  pro- 
duce the  body  of  the  person  so  taken,  or  acknowledge  in  oj^en  court 
the  receij)t  of  the  fine,  penalty  or  forfeiture,  and  the  costs  thereon,  un- 
less he  can  show  the  defendant  was  released  from  his  custody  under 
the  iusolveat  laws. 

To  Wliom  Fines,  <&c.  are  Paid. 

Sec.  58.  All  fines,  forfeitures,  penalties,  and  costs  imposed  as  afore- 
said, are  to  be  paid  to  the  Sheriff,  who  shall  pay  the  same,  except  the 
costs,  to  the  Treasurer,  on  or  before  the  tenth  of  November  in  each 
year,  and  the  costs  to  the  persons  entitled  to  receive  them  ;  Provided, 
when  any  person  is  entitled  to  any  part  of  a  fine,  forfeiture  or  penalty, 
as  informer  or  otherwise,  the  same  shall  be  paid  by  said  Sheriff  to 
such  iDcrson. 

Sheriff  to  Deduct  Costs. 

Sec.  59.  The  Sheriff  shall  deduct  from  each  recognizance  which 
may  be  forfeited  and  by  him  collected,  the  costs  incurred  by  the 
county  or  city  in  which  such  recognizance  may  have  been  taken,  and  pay 
over  the  same  to  the  clerk  of  the  court  in  which  the  recognizance  was 
forfeited,  to  be  by  him  accounted  for  to  the  county  commissioners  of 
the  county,  or  the  Mayor  and  City  Council  of  Baltimore,  as  the  case 
may  be,  and  the  said  clerks  shall  each  state  such  costs  in  the  return 
by  him  made  to  the  Comptroller. 
13 


193  SHERIFFS. 

Sheriff  has  Custody  of  Prisoners. 
Sec.  60.  The  Sherift"  shall  safely  keep  all  persons  committed  to  his 
custody  by  lawful  authority,  until  such  persons  are  discharged  by  the 
due  course  of  law. 

Sec.  61.  [This  Section  relates  to  Slaves  and  is  obsolete.] 
Shall  Provide  for  Prisoners. 

Sec.  63  He  shall  provide  food  and  board  for  all  prisoners  com- 
mitted to  his  charge,  and  such  food  and  other  articles  for  the  comfort 
of  sick  prisoners,  as  the  physician  tending  such  prisoners  may  deem 
nec;essary,  the  expense  of  which  shall  be  paid  by  the  county  or  city, 
except  iu  cases  of  slaves. 

To  Receive  United  States  Prisoners. 

Sec.  63.  The  Sheriffs  shall  receive  and  safe  keep  in  their  respective 
jails,  all  persons  committed  under  the  authority  of  the  United  States, 
until  they  shall  be  discharged  by  the  due  course  of  the  laws  thereof, 
in  the  same  manner  and  under  the  like  penalties  as  if  such  persons 
were  committed  under  the  authority  of  this  State,  and  the  Sheriff  shall 
be  entitled  to  receive  the  sum  of  thirty  cents  per  day  for  keeping  and 
supporting  each  prisoner  so  committed,  to  be  paid  by  the  United 
States. 

Serving  Process. 

The  Act  of  1868,  eh.  203,  adds  the  following  section  to  Article  83. 
Returns — Rule  on  Sheriff — Judgment  Against  Him — Proviso. 

Sec.  1.  If  any  Sheriff  shall  make  return  to  the  court  of  any  fieri 
facias,  attachments,  venditioni  exponas  that  he  has  seized  the  property 
of  the  defendant  which  remains  unsold,  or  that  the  j^roperty  hereto- 
fore levied  upon  remains  in  his  hands  unsold  for  want  of  buyers,  or 
that  the  defendant  has  satisfied  the  plaintiff  or  his  attorney,  the  debt 
or  claim  or  any  part  thereof  mentioned  in  the  said  process,  the  said 
plaintiff  or  his  attorney  may  apply  to  the  said  court  for  a  rule  on  the 
said  Sheriff  or  late  Sheriff  as  the  case  may  be,  to  bring  the  said  money 
into  court  or  before  a  judge  thereof,  on  a  day  to  be  named  in  the  said 
rule,  or  show  good  cause  to  the  contrary,  and  upon  the  failure  of  the 
said  Sheriff  or  late  Sheriff  to  bring  said  money  into  court,  or  l)efore 
the  said  judge  at  the  time  mentioned  in  the  said  rule  or  any  other  day 
to  be  named  by  the  said  judge  the  amount  of  the  debt,  damages,  in- 
terest and  costs  to  be  ascertained  by  tli»  plaintifl'  or  attorney,  or  such 
other  proof  as  the  judge  may  require,  the  said  court  or  judge  in  the 
recess  may  cause  judgment  to  be  entered  by  the  clerk  against  the  said 
Sheriff  for  the  plaintiff's  claim,  interest  and  costs  in  favor  of  the 
plaintiff  without  stay  of  execution,  and  without  the  right  of  the  de- 
fendant to  supersede  or  a])])eal  from  the  same ;  Provided,  that  the  said 
court  or  judge  thereof  shall  be  satisfied  that  the  said  Sheriff  has  re- 
ceived the  said  del)t,  interest  and  costs  or  any  part  thereof  from  the 
defendant  in  the  said  process,  and  that  his  said  return  of  process  is 
false  and  untrue,  and  the  remedy  under  this  section  shall  not  ])reju- 
dicp  the  plaintirt"'s  right  to  proceed  against  the  bond  of  the  Sheriff  by 
suit.— 18<)«,  ch.  203. 

Sheriffs  to  give  Notice  of  Elections. 

By  Article  35,  Section   12.  Sheriffs  are  required  to  give  notice  of 
elections  and  i)erforni  other  duties. 


FEES    OF   SHERIFFS.  193 

Slieriffn  to  Summon  Jurors. 

By  Article  50,  Section  7,  the  Sheriffs  are  required  to  summon  jurors 
as  iJrescribed  in  said  Article. 

FEES   OF   SHERIFFS. 

Under  Article  38,  Section  27,  Sheriffs  are  entitled  to  charge  and  re- 
ceive the  follo\vin<i:  fees,  to  wit: 

For  serving  writ  and  return,                                                             $  4.1 

For  taking  bail  bond,  25 
For  collecting  officers'  fees,  for  every  hundred,  six  per  cent. 

For  every  conmiitment  and  release,  25 

For  impaneling  a  jury,  1  50 

For  sei-ving  scire  facias,  including  the  persons  summoned,  40 

For  serving  citation,  40 

For  executing  a  warrant  of  resurvey,  per  day,  1  25 
For  summoning  evidences  to  prove  the  bounds  of  lands,  for  each 

person  summoned,  40 
If  empowered  to  swear  evidences,  for  every  witness  sworn  by 

him,  15 

For  serving  subpoena  and  return,  40 

For  keeping  a  prisoner  in  jail  and  finding  him  victuals,  per  day,  30 

For  serving  a  writ  of  possession  in  ejectment  and  return,  2  00 

For  serving  an  ejectment  and  return,  1  00 

For  serving  an  attachment  of  contempt  and  return,  1  00 

For  serving  writ  of  estrepement  and  return,  1  25 

For  serving  ne  exeat  and  return,  3  00 

For  serving  a  copy  of  declaration  or  short  note,  10 
For  summoning  appraisers  to  value  goods  taken  by  attachment, 

lieri  facias  or  replevin,  for  each  appraiser  summoned,  40 
For  swearing  the  said  appraisers,  every  oath,  15 
For  serving  an  attachment  on  judgment  or  execution  and  return,  15 
For  executing  a  writ  of  ad  quod  damnum  or  melius  inquiren- 
dum, and  return,  per  day,  1  25 
For  empaneling  a  jury  on  the  same,  3  00 
For  swearing  the  said  jury,  for  every  oath,  15 
For  taking  an  inquisition  and  returiung  the  same  with  the  said 

writ,  40 
For  serving  a  writ  of  re-restitution  and  return,  2  00 
For  impaneling  a  jury  to  inquii'e  of  a  forcible  entry  and  de- 
tainer, 3  00 
For  each  person  summoned  as  an  evidence  on  the  same,  40 
For  summoninsr  chain  carriers,  each,  if  required,  40 
For  swearing  chain  carriers,  every  oath,  15 
For  an  arrest  on  a  warrant  and  return  in  criminal  cases,  50 
For  serving  duces  tecum  and  return,  40 
For  return  on  an  attachment  when  mesne  process,-  15 
For  laying  an  attachment  in  any  garnishee's  hands,  for  each 

garnishee,  40 
For  all  goods  and  chattels  which  any  Sheriff  shall  attach  and 
take  into  his  possession  or  wherewith  he  shall  be  chargeable, 
the  same  fees  as  on  executions. 

For  returning  a  writ  of  replevin,  15 


1 

25 

1 

25 

1 

25 

3 

00 

15 

2 

00 

40 

40 

8 

00 

15 

1 

25 

1 

50 

1 

25 

3 

00 

15 

1 

25 

194  FEES   OF   SHERIFFS. 

The  same  fees  for  executing  replevin  as  upon  executions. 

The  same  fees  for  serving  a  withernam  as  upon  replevin. 

xVlso,  the  same  fees  on  apjiraisement  and  sale  of  goods  distrained 
and  sold  for  rent. 

For  serving  vv^rit  of  retorno  habendo  and  return,  J 

For  serving  writ  of  distringas  and  return, 

For  serving  and  retum  of  elegit  or  liberate, 

For  impaneling  jury  on  elegit  or  extent, 

For  swearing  the  same,  each, 

For  serving  writ  of  restitution  and  return, 

For  summons  in  partition,  for  every  person  summoned,  and 
return, 

For  serving  writ  of  partition  and  return, 

For  impaneling  jury  thereon. 

For  swearing  the  jury,  each. 

For  attendance,  per  day, 

For  serving  an  attachment  in  partition  and  retum, 

For  returning  a  writ  of  inquiry  of  damages, 

For  impaneling  a  jury  thereon, 

For  swearing  the  same,  each. 

For  attendance,  per  day, 

For  delivering  commissions  to  supervisors  of  roads,  to  be  paid 

by  the  county,  each,  50 

For  bringing  negro  children  before  the  Orplians'  Court  to  be 

bound  as  apprentices,  to  be  paid  by  the  master,  2  00 

For  transfer  of  stock  under  execution,  1  00 

For  summoning  appraisers  in  cases  of  distress  for  rent  and  swear- 
ing them,  each,  20 

For  serving  an  execution,  15 

Sec.  28.  The  Sherift'  shall  have  as  poundage  fees  for  levying  an  ex- 
ecution at  the  rate  of  seven  and  a  half  per  cent,  on  the  first  twenty-six 
dollars  and  sixty- seven  cents,  and  at  the  rate  of  three  per  cent,  on  the 
residue ;  but  if  the  execution  be  laid  on  any  interest  in  lands,  only 
one-half  of  the  poundage  fees  shall  be  charged ;  and  if  laid  uijon 
lands,  and  the  lands  be  not  sold  by  the  Sheriff,  he  shall  charge  only 
one-iourth  of  the  poundage  fees  aforesaid. 

1866,  chapter  151,  provides  for  the  Sheriff  of  Baltimore  city,  making 
a  list  of  parties  in  business  and  requiring  a  license,  and  a  charge  of 
twenty-five  cents  for  every  license  obtained  l)y  any  party  on  said  list 

Article  16,  Sections  74  to  77,  provides  for  the  relief  of  the  sureties' 
of  Sheriffs,  on  apj)lication  to  the  court. 

Article  75,  Sections  110  and  111,  provides  for  serving  process 
against  a  Sheriff,  in  cases  where  there  is  no  coroner  in  a  county,  by 
the  plaintiff  filing  his  declaration  against  the  Sheriff,  &c.,  and  posting 
a  co])y  of  the  same  at  the  court  house  door. 

Article  16,  Section  55,  provides  that  Sherifls  shall  deliver  back  prop- 
erty taken  in  execution  when  restrained  by  injunction. 

For  relief  to  Sheriffs  and  Collectors,  by  extending  time  for  collec- 
tions of  taxes,  see  Article  29,  Sections  46  to  50,  pages  113  and  114. 


I 


THE    ATTORNEY     GENERAL. 

Constitution,  Article  V,  Sections  1  to  7. 

Election — Term  of  Office — Removal. 
Art.  5,  Sec.  1.  There  shall  be  an  Attorney  General  elected  by  the 
qualified  voters  of  tlie  State,  on  general  ticket,  on  the  Tuesday  next 
after  the  first  Monday  in  the  month  of  Novemljer,  eighteen  hundred 
and  sixty-seven,  and  on  the  same  day  in  every  fourth  year  tliereafter, 
who  shall  hold  liis  office  for  four  years  from  the  time  of  his  election 
and  qualification,  and  until  his  successor  is  elected  and  qualified,  and 
shall  be  re-eligible  thereto,  and  shall  be  subject  to  removal  for  incom- 
petency, wilful!  neglect  of  duty,  or  misdemeanor  in  office,  on  convic- 
tion in  a  court  of  law. 

Election  Returns  made  to  Oovernor — Case  of  Tie. 
Sec.  2.  All  elections  for  Attorney  Genernl  shall  be  certified  to,  and 
returns  made  thereof  by  the  Clerks  of +he  Circuit  Courts  of  the  several 
counties,  and  the  Clerk  of  the  Superior  Court  of  Baltimore  city,  to  the 
Governor  of  the  State,  whose  duty  it  shall  be  to  decide  on  the  election 
and  qualification  of  the  person  returned;  and  in  case  of  a  tie  between 
two  or  more  persons,  to  designate  which  of  said  persons  shall  qualify 
as  Attorney  General,  and  to  administer  the  oath  of  office  to  the  j^er- 
son  elected. 

Duties — Opinions  to  te  Given — To  ProserAite  Suits — Salary — 
Perquisites  not  Alloiced — Otlier  Counsel. 
Sec.  3.  It  shall  be  the  duty  of  the  Attorney  General  to  prosecute 
and  defend  on  the  part  of  the  State,  all  cases,  which  at  the  time  of  his 
ajspointment  and  qualification,  and  which  thereafter  may  be  depend- 
ing in  the  Court  of  Appeals,  or  in  the  Supreme  Court  of  the  United 
States,  by  or  against  the  State,  or  wherein  tl)e  State  may  be  interested ; 
and  he  shall  give  his  opinion,  in  writing,  whenever  required  by  the 
General  Assembly,  or  either  branch  tliereof,  the  Governor,  the  Comp- 
troller, the  Treasurer,  or  any  State's  Attorney,  on  any  legal  matter,  or 
subject  depending  before  them,  or  either  of  them  ;  and  when  required 
by  the  Governor  or  the  General  Assembly,  he  shall  aid  any  State's 
Attorney  in  prosecuting  any  suit  or  action  brought  by  the  State  in 
any  court  of  this  State;  and  he  shall  commence  and  prosecute,  or  de- 
fend, any  suit  or  action  in  any  of  said  courts,  on  the  part  of  the  State, 
which  the  General  Assembly  or  the  Governor,  acting  according  to  law, 
shall  direct  to  be  commenced,  prosecuted  or  defended  ;  and  he  shall 
receive  for  his  services  an  annual  salary  of  tliree  thousand  dollars ;  but 
he  shall  not  be  entitled  to  receive  any  fees,  perquisites,  or  rewards, 
whatever,  in  addition  to  the  salary  aforesaid,  for  the  performance  of 
any  official  duty ;  nor  have  power  to  appoint  any  agent,  representa- 
tive, or  deputy,  under  any  circumstances,  whatever;  nor  shall  tlie 
Governor  emjjloy  any  additional  counsel  in  any  case,  whatever,  unless 
authorized  by  the  General  Assembly. 


196  THE   ATTORNEY   GENERAL. 

Eligibility. 

Sec.  4.  No  person  shall  be  eligible  to  the  office  of  Attorney  General, 
who  is  not  a  citizen  of  this  State,  and  a  qualified  voter  therein,  and 
has  not  resided  and  practiced  law  in  this  State  for  at  least  ten  years. 

Vacancies. 

Sec.  5.  In  case  of  vacancy  in  the  office  of  Attorney  General,  occasion- 
ed by  death,  resignation,  removal  from  the  State,  or  from  office,  or 
other  disqualification,  the  said  vacancy  shall  be  filled  by  the  Gover- 
nor, for  the  residue  of  the  term  thus  made  vacant. 

Attorney  General  to  be  Notified  of  State  Cases. 

Sec.  6,  It  shall  be  the  duty  of  the  Clerk  of  the  Court  of  Appeals  and 
of  the  Commissioner  of  the  Land  Office,  respectively,  whenever  a  case 
shall  be  brought  into  said  court  or  office,  in  which  the  State  is  a 
party,  or  has  interest,  immediately  to  notify  the  Attorney  General 
thereof. 


Acts  of  Assembly  have  been  passed  prescribing  special  duties  to  the 
Attorney  General,  but  none  of  a  permanent  character. 

[The  office  of  Attorney  General,  abolished  in  1851,  was  restored  by 
the  Constitution  of  1864,  the  Hon.  Alexander  Randall  of  Annapolis, 
being  first  elected  in  1864  to  fill  the  position,  which  he  occupied  un-  d 

til  the  election  and  qualification  of  his  successor,  Hon.  Isaac  D.  .Jones,  " 

in   1867.     The  present  Attorney  General    is  the  Hon.    Andrew   K. 
Syester  of  Washington  county.] 


DUTIES  OP  THE   ATTORNEY   GENERAL  UNDER 
THE   GENERAL  LAWS. 
The  Attorney  General  has  duties  assigned  him  by  law  under  the 
Act  of  1872,  chapter  888,  providing  for  an  Insurance  Department  in 
the  office  of  the  Comptroller  of  the  Treasury. 


THE    STATE'S    ATTOKNEYS. 
Constitution,  Article  V,  Sections  7  to  12. 

The  provisions  of  the  Constitution  in  relation  to  State's  Attorneys 
are  as  follows : 

Election  and  Term  of  Office. 

Art.  5,  Sec.  7.  There  shall  be  an  Attorney  for  the  State  in  each 
county,  and  the  city  of  Baltimore,  to  be  styled  "The  State's  Attorney," 
who  shall  be  elected  by  the  voters  thereof,  respectively,  on  the  Tuesday 
next  after  the  first  Monday  in  November,  in  the  year  eighteen  hun- 
dred and  sixty-seven,  and  on  the  same  day  every  fourth  year  there- 
after ;  and  shall  hold  his  office  for  four  years  from  the  first  Monday 
in  January  next  ensuing  his  election,  and  until  his  successor  shall 
be  elected  and  qualified  ;  and  shall  be  re-eligible  thereto,  and  be 
subject  to  removal  therefrom,  for  incompetency,  willful  neglect  of 
duty,  or  misdemeanor  in  ofiice,  on  conviction  in  a  court  of  law,  or 
by  a  vote  of  two-thirds  of  the  Senate,  on  the  recommendation  of  the 
Attorney  General. 

Returns  Made  to  Criminal  Judges — Case  of  a   Tie. 

Sec.  8.  All  elections  for  the  State's  Attorney  shall  l)e  certified  to, 
and  returns  made  thereof  by  the  clerks  of  the  said  counties  and  city, 
to  the  judges  thereof,  having  criminal  jurisdiction,  resijectively,  wh'^se 
duty  it  shall  be  to  decide  upon  the  elections  and  qualifications  of  the 
persons  returned  ;  and.  in  case  of  a  tie  between  two  or  more  persons, 
to  designate  which  of  said  persons  shall  qualify  as  State's  Attorney, 
and  to  administer  the  oaths  of  office  to  the  person  elected. 

Fees — Deputy  for  Baltimore   City. 

Sec  9.  The  State's  Attorney  shall  perform  such  duties  and  receive 
such  fees  and  commissions  as  are  now,  or  may  hereafter,  be  prescribed 
by  law,  and  if  any  State's  Attorney  shall  receive  any  other  fee  or  re- 
ward than  such  as  is  or  may  be  allowed  by  law,  he  shall,  on  convic- 
tion thereof,  be  removed  from  office ;  Provided,  that  the  State's  At- 
torney for  Baltimore  city  shall  have  power  to  appoint  one  Dejjuty,  at 
a  salary  of  not  more  than  fifteen  hundred  dollars  per  annum,  to  be 
paid  by  the  State's  Attorney  out  of  the  fees  of  his  office,  as  has  here- 
tofore been  practiced. 

Qualifications. 

Sec.  10.  No  person  shall  be  eligible  to  the  ofhce  of  State's  Attorney 
who  has  not  been  admitted  to  practice  law  in  this  State,  and  who  has 
not  resided  for  at  least  two  years,  in  the  county,  or  city,  in  which  he 
may  be  elected. 

Vacancies  Filled  by  the  Judges. 

Sec.  11.  In  case  of  vacancy  in  the  office  of  State's  Attorney,  or  of 
his  removal  from  the  county,  or  city,  in  which  he  shall  have  lioen 
elected,  or  on  his  conviction,  as  herein  specified,  the  said  vacancy 
shall  be  filled  by  the  judge  of  the  county,  or  city,  respectively,  having 
criminal  jurisdiction,  in  which  said  vacancy  shall  occur,  for  the  resi- 
due of  the  term  thus  made  vacant. 


198  THE   state's    ATTOllNEYS. 

To  Collect  Money  for  State— Bond  $10,000. 

Sec.  13.  Tlie  State's  Attorney,  in  each  county,  and  the  city  of  Bal- 
timore, shall  have  authority  to  collect,  and  give  receipt,  in  the  name 
of  the  State,  for  such  sums  of  money  as  may  be  collected  by  him,  and 
foithwith  make  return  of,  and  pay  over  the  same,  to  the  proper  ac- 
counting officer.  And  the  State's  Attorney  of  each  county,  and  the 
city  of  Baltimore,  before  he  shall  enter  on  the  discharge  of  his  duties, 
shall  execute  a  bond  to  the  State  of  Maryland,  for  the  faithful  perform- 
ance of  his  duties,  in  the  penalty  of  ten  thous.-md  dollars,  Avith  two 
or  more  sureties,  to  be  approved  by  the  judge  of  the  court  having 
criminal  jurisdiction  in  said  counties  or  city. 


DUTIES   OF   STATE'S   ATTORNEYS   UNDER   THE 
GENERAL   LAWS. 

The  duties  of  the  State's  Attorneys  under  the  General  Laws,  are 
prescribed  by  Article  11,  Sections  18  to  24  inclusive,  and  other  arti- 
cles, as  follows :  ' 

To  Prosecute  Criminal  Cases  in  the  Court  of  Appeals. 

Sec.  18.  The  State's  Attorney  in  each  county  shall,  in  such  county, 
prosecute  and  defend  on  the  part  of  the  State,  all  cases  in  which  the 
State  may  be  interested,  and  when  in  any  case  which  he  shall  so 
prosecute,  founded  on  an  indictment  or  jDresentment  found  in  any 
county,  or  the  city  of  Baltimore,  an  appeal  shall  be  taken  by  either 
party  to  the  Court  of  Appeals,  it  shall  be  the  duty  of  said  State's 
Atiorney,  to  prosecute  or  defend,  as  the  case  may  be,  said  appeal  in 
the  Court  of  Appeals,  for  which  he  shall  l)e  entitled  to  such  compen- 
sation, as  may  be  allowed  by  the  County  Commissioners  of  the  county 
where  said  indictment  or  presentment  was  founded,  or  in  the  Crimi- 
nal Court  of  Baltimore,  where  indictment  was  found  in  said  city,  to 
be  levied,  collected  and  paid  as  other  costs  now  are  in  such  cases ; 
and  in  no  such  such  case  shall  counsel  lees  be  paid  by  the  State,  un- 
less to  counsel  spi  cially  retained  by  the  Governor. — lb(J2,  ch.  177. 
To  Order  Execution  for  Fines,  dx. 

Sec.  19.  He  shall,  ex-officio,  on  the  applicati(")n  of  the  Siicrifl'of  his 
county,  order  executicm  to  be  issued  for  the  recovery  of  all  lines,  pen- 
alties and  forfeitures  which  shall  be  imposed  bv  any  court  of  record 
of  this  State,  together  with  the  costs  accruing  thereon. 

Courts  may  Compi-omise  Crimes  and  Offences,  &c. 

Sec.  20.  The  several  courts  of  this  State  having  jurisdiction  of 
crimes  and  ollences,  may,  in  cases  where  recognizances  to  prosecute 
have  been  entered  into,  and  before  presentment  or  indictment  found, 
upon  the  motion  of  the  State's  Attorney,  with  the  consent  of  the  par- 
ties injured  and  accused,  comju-omise  any  assault  and  battery,  the 
party  accused  paying  the  same  costs  as  would  have  been  incurred 
by  the  iinding  a  true  bill  and  i)lea  of  guilty  ;  Provided,  such  courts 
shall  consider  it  proper  in  reference  to  the  peace  of  the  State  so  to  do. 

To  Aid  the  State  Comptroller  and  Treasurer. 
Sec.  21.  Tlie  State's  Attorney  in  the  several  counties  and  the  cily 
of  Baltimore,  shall  aid  the  Comptroller  and  Treasurer  in  the  adjust- 


THE  state's  attorneys.  199 

ment.  of  the  accounts  of  the  clerks,  registers  and  sheriffs  of  their  re- 
siJcctive  counties  and  the  said  city  with  the  State,  and  sliall  advise 
the  ComiDtroller  and  Treasurer,  when  required,  of  such  allowance  as  he 
ouglit,  or  ouglit  not  to  make  the  accountant  for  insolvency  or  non- 
residence,  and  for  such  service  and  for  his  i^rofessional  services  in  the 
collection  of  the  revenue,  the  Comptroller  may  allow  such  attorneys 
5  per  cent,  on  all  moneys  sued  for  and  paid  into  the  treasury. 
May  he  Allowed  Additional  Compensation. 
Sec.  22.  The  County  Commissioners  of  the  several  counties  may,  in 
their  discretion,  allow  and  pay  to  the  State's  Attorney  in  their  rrspcc- 
tive  counties  such  additional  compensation  for  the  trial  of  criminal 
cases  as  they  shall  deem  just  and  reasonaljle. 

Courts  may  Appoint  Special  State's  Attorneys  Temporarily. 
Sfx.  23.  Whenever  it  shall  l)ecome  necessary,  from  the  absence,  sick- 
ness, resignation  or  death  of  any  State's  Attorney,  the  several  courts 
of  this  State  shall  have  power  to  appoint  some  competent  person  to 
perform  the  duties  of  State's  Attorney  in  conducting  criminal  or  civil 
cases  depending  in  such  court  until'  a  State's  Att'orney  shall  be  ap- 
pointed and  qualify,  or  be  able  to  attend  and  act  in  person,  as  the 
case  may  be,  and  the  person  so  appointed  shall  receive  the  same  com- 
pensation as  the  State's  Attorney. 

State  Comptroller  to  Settle  Attorneys'  Claims. 
Sec.  24.  The  Comptroller  of  the  Treasury  is  authorized  to  settle  the 
claims  of  any  of  the  State's  Attorneys  of  the  several  counties  and  the 
city  of  Baltimore,  for  apjjearance  liees  in  civil  cases  due  them  by  the 
State,  and  for  all  fees  similarly  due  for  services  rendered,  under  the 
opinitm  of  the  Attorney  General,  for  the  matter  of  cases  removed  from 
said  county  or  otherwise,  and  to  rix  and  determine  the  amount  due 
to  said  State's  Attorneys,  respectively,  and  to  allow  the  same,  and  to 
issue  his  warrant  upon  the  Treasurer  for  the  payment  of  such  amounts, 
which  said  warrant  the  Treasurer  is  herel)y  authorized  to  pay. — 
1868,  ch.  285. 

Other  provisions  of  the  Public  General  Laws,  relating  to  State's 
Attorneys,  are  as  follows  : 

To  Appear  inhere  there  are  no  Heirs,  d-c. 

Art.  16,  Sec  126.  AVhere  any  person  dies,  leaving  any  real  estate 
in  possession,  remainder  or  reversion,  and  not  Ifaving  personal  estate 
sufficient  to  pay  his  debts,  on  a  suit  instituted  by  any  of  his  credi- 
tors, the  court  may  decree  that  all  the  real  estate  of  such  persons,  or 
so  much  thereof  as  may  be  necessary,  shall  be  sold  to  pay  his  debts  ; 
this  to  apply  to  all  cases  where  the  heirs  or  devisees  are  residents,  or 
non-residents,  or  are  of  full  age,  or  infuits,  or  of  sound  mind,  or  non 
compos  mentis,  and  to  cases  where  the  j^arty  left  no  heirs,  or  where  it 
is  not  known  whether  he  left  heirs  or  devisees,  or  if  the  heirs  or  de- 
visees be  unknown,  and  if  there  be  no  heirs,  the  State's  Attorney  shall 
appear  to  the  bill. 

Assistant  Counsel. 

Art.  29,  Sec  7.  The  Circuit  Courts  for  the  several  counties,  and 
the  Criminal  Court  of  Baltimore,  may  appoint  assistant  counsel  for 
the  State,  to  aid  in  the  trial  of  criminal  or  other  State  cases  in  said 


200  THE   state's   attorneys. 

courts,  whenever  in  the  judgment  of  the  court,  in  which  any  such  case 
is  pending,  the  public  interest  requires  it. 

Pay  of  Assistant  Counsel. 
Art.  29,  Sec.  8.  The  County  Commissioners  of  the  several  counties, 
and  the  Mayor  and  City  Council  of  Baltimore,  shall  levy  and  pay  such 
sum,  as  in  their  judgment,  will  be  an  adequate  compensation  for  the 
services  rendered  by  each  assistant  counsel ;  Provided,  the  sum  levied 
and  paid  in  any  single  case,  shall  not  exceed  one  hundred  dollars. 

May  Consent  to  Appointment  of  a  Judge. 

Art.  29,  Sec.  79.  In  all  cases  in  which  the  State  shall  be  a  party  to 
a  cause,  it  shall  be  lawful  for  the  State's  Attorney  for  the  county,  or 
city,  as  the  case  may  be,  in  which  such  case  shall  be  for  trial,  to  con- 
sent, for  and  on  behalf  of  the  State,  to  the  appointment  of  a  proper 
person  to  try  such  cause. 

Article  81,  Sections  82  to  88,  provide  as  follows : 

Pleading  in  Certain  State  Cases. 

Art.  81,  Sec.  82.  It  shall  not  be  necessary  for  the  State  in  any  suit 
brought  on  any  bond  given  by  any  person  who  has  the  collection  of 
any  part  of  the  State's  revenue,  in  rej^ly  to  the  jilea  of  performance,  to 
set  out  at  large  in  its  replication,  the  breaches  for  which  damages  are 
claimed,  but  may  reply  generally  that  the  obligor  or  obligors  hath  or 
have  not  performed  the  conditions  of  his  or  their  bond,  and  give  the 
special  matter  in  evidence,  ujjon  which  issue  the  jury  shall  assess  such 
damages  as  the  State  may  have  sustained,  and  upon  such  verdict,  if 
for  the  State,  judgment  shall  be  entered  for  the  penalty  of  the  bond, 
to  be  released  on  the  payment  of  the  damages  assessed  by  the  jury, 
with  interest  thereon  until  paid,  and  costs. 

Attorney  Prosfcuting  Allowed  usual   Commission. 

Ibid.,  Sec.  83.  The  Attorney  prosecuting  such  action  shall  be  allow- 
ed the  usual  commissions  for  such  services,  but  no  payment  of  any 
money  due  the  State  either  in  suit  or  on  judgment  shall  be  valid  and 
effectual  unless  made  to  the  Treasurer,  or  such  person  as  shall  have 
been  specially  aj)pointed  and  authorized  by  him  to  receive  the  same, 
or  unless  made  to  such  sheriff',  coroner  or  elisor  as  may  be  authorized 
to  receive  the  same  by  virtue  of  any  execution  issued  to  enforce  the 
payment  thereof  No  Attorney  prosecuting  such  action  as  provided 
for  in  tins  section,  shall  receive  any  part  of  the  money  thus  sued  for, 
excej)t  the  fees  allowed  by  law,  under  a  penalty  of  a  line  not  less  than 
$1000,  nor  more  than  $5000.  to  be  recovered  as  other  fines  and  forfeit- 
ures are  recovered. — 1862,  ch.  236. 

Staters  Attorney  may   Order  Attachments  in   Certain  Gases. 

Ibid.,  Sec.  85.  Whenever  the  State  shall  have  a  judgment  or  decree 
against  a  debtor  or  his  securities,  and  money  may  be  ordered  to  be 
levied  by  the  county  commissioners  of  any  county  for  the  benefit  of 
such  del)tor,  or  any  one  of  his  sureties,  the  State's  Attorney  for  the 
county  may  order  an  attachment  to  be  issued  by  the  clerk  of  the 
court  where  such  judgment  or  decree  was  passed,  against  the  goods, 
chattels,  rights  and  credits,  lands  and  tenements  of  such  del)tor  and 
his  sureties,  which  may  be  laid  in  the  hands  of  the  county  commis- 
sioners or  their  clerk,  or  any  collector  of  said  county,  or  any  or  all  of 


THE   state's   attorneys.  201 

tliem,  in  the  discretion  of  the  State's  Attorney,  and  the  proceedings 
on  such  attachments  shall,  in  all  respects,  be  the  same  as  in  other  at- 
tachments on  judgments  or  decrees. 

May  Purchase  Propei'ty  for  the  State. 
Ibid.,  Sec.  86.  "Whenever  real  estate  or  property  of  any  description 
shall  have  been  seized  and  taken  in  execution  at  the  suit  of  the  State, 
the  State's  Attorney  for  the  proper  county  or  the  city  of  Baltimore 
may  bid  for  and  purchase  the  same  at  the  sale  thereof  for  the  use  of 
the  State,  if  in  his  opinion  it  shall  be  necessary  and  proper  to  do  so 
for  the  protection  of  the  interests  of  the  State ;  Provided,  the  sum  bid 
shall  in  no  case  exceed  the  amount  of  the  State's  demand,  and  the 
costs  and  exi^enses  of  sale. 

May  Sell  oi'  Lease  the  Same,  tkc. 

Ibid.,  Sec.  87.  Whenever  the  State's  Attorney  shall  purchase  any 
property  under  the  last  preceding  section,  he  may  sell  or  lease  the 
same,  and  may  recover  any  money  due  the  State  by  such  sale  or  lea?e 
by  sale  or  distress ;  and  he  may  in  case  of  a  sale  execute  a  deed  for  the 
property  sold  upon  a  compliance  by  the  purchaser  with  the  terms  of 
sale  ;  and  the  treasurer  shall  pay  the  cost  of  advertising  such  property 
as  may  remain  unsold;  but  nothing  herein  contained  shall  deprive 
any  party  of  the  right  of  redemption  given  in  this  article. 
The  Proof  Necessary  in  Certain  Cases. 

Art.  56,  Sec.  3.  In  any  prosecution  for  bartering  or  selling  any 
goods,  wares  or  merchandise,  or  si:)irituous  or  fermented  liquor,  or 
lager  l)eer,  without  license,  it  shall  be  sufficient  for  the  State  to  prove 
that  the  party  indicted,  exposed  or  offered  for  sale  such  goods,  wares 
or  merchandise,  or  spirituous  or  fermen^^ed  liquors,  or  lager  beer,  were 
exposed  or  offered  for  sale. — 1864,  ch.  18. 

Removal  of  Criminal  Cases. 

Art.  75,  Sec.  77.  In  all  criminal  cases  removed  to  another  county 
where  the  party  or  parties  is  or  are  detained  in  jail,  the  party  or  ])artie3 
so  detained  shall  not  be  removed  until  the  first  day  of  the  session  of 
the  court,  to  which  said  case  shall  be  removed. — 1868,  ch.  180. 

May  le  Allowed  $40  Extra  Compensation. 
Ibid.,  Sec.  78.  The  judge  or  judges  of  any  of  the  said  Circuit  Courts 
to  which  any  cause  or  causes  may  be  removed  under  the  ijreceding 
sections,  shall  allow  such  compensation,  not  exceeding  forty  tiollars 
in  any  one  case,  to  the  State's  Attorney  for  his  services  in  aj^pearing 
to,  or  trying  said  cause  or  causes,  as  the  said  judge  or  judges  may 
deem  just  and  proper,  to  be  borne  and  paid  by  the  county  from  which 
said  cause  or  causes  may  be  removed,  or  by  the  city  of  Baltimore,  as 
the  case  may  be. — 1868,  ch.  180. 

Four  Peremptory  Challenges  by  State. 
Art.  50,  Sec.  15.  The  right  of  peremptory  challenge  shall  be  allow- 
ed to  any  person,  who  shall  be  tried  on  presentment  or  indictment, 
for  any  crime  or  misdemeanor,  the  punishment  whereof,  by  law,  is 
death  or  confinement  in  the  penitentiary,  and  to  the  State,  on  the  trial 
of  such  indictment  or  presentment,  but  the  accused  shall  not  challenge 
more  than  twenty,  nor  the  State  more  than  four  jurors,  without  as- 
signing cause. — 1S72,  ch.  40. 


203  ATTOKNEYS    IN   TACT. 

FEES   OF   ATTORNEYS   AT   LAW. 

Akt.  38,  Sec.  9.  Attorneys  at  Law  shall  be  entitled  to  demand  and 

receive  the  following  fees  : 

For  bringing,  prosecuting  or  defending  any  writ  or  action  at 

law  in  any  of  the  courts  of  this  State  of  original  jurisdiction,  $  5  00 

For  prosecuting  or  defending  any  cause,  plaint  or  action  in 

any  of  the  Courts  of  Equity  in  this  State,  10  00 

For  prosecuting  or  defending  any  cause  in  the  Court  of  Appeals,  10  00 

For  ]>rosecuting  or  defending  in  any  criminal  case,  in  any  of  the 
courts  of  this  State  having  criminal  jurisdiction,  where  the 
punishment  for  the  offence  charged  is  death  or  confinement 
in  the  penitentiary,  10  00 

In  all  other  criminal  cases,  3  33 


ATTORNEYS   IN  FACT. 

Art.  11,  Sec.  24.  All  payments  of  money,  transfers  of  property,  or 
other  dealings  made  or  had  to  or  with  any  person  acting  under  a 
power  of  attorney,  or  other  agency  duly  executed  or  created  by  any 
person  within  this  State,  which  would  1)e  binding  upon  the  party  giv- 
ing such  power  of  attorney  or  agency,  if  the  same  was  in  full  force  and 
unrevoked  at  the  time  of  such  payment,  transfer  or  other  dealings,  shall 
be  equally  binding  and  obligatory  upon  the  representatives  or  other  as- 
signees of  such  party,  although  at  the  time  aforesaid,  said  party  may 
be  dead,  or  may  have  assigned  his  interest  in  such  money,  j^roperty  or 
dealings ;  Provided.,  that  the  person  paying,  transferring  or  having 
such  dealings  with  the  person  acting  under  such  power  of  attorney  or 
agency  had  not  at  the  time  notice  of  the  death  of  the  party  giving 
such  power  or  creating  such  agency,  or  of  the  fact  of  the  assignment 
aforesaid. 

Sec.  25.  A  power  of  attorney  to  transfer  stock  standing  on  the 
books  of  any  corporation  chartered  by  this  State  in  the  name  of  a 
partnership  or  firm,  signed  with  the  name  of  such  partnership  oriirm, 
and  sealed  by  one  of  the  members  thereof,  acknowledged  as  directed 
in  the  next  succeeding  section,  shall  be  as  valid  and  eftectual  as  if 
signed  and  sealed  by  all  the  members  of  such  partnership  or  firm. 

Sec.  2().  The  member  signing  and  sealing  such  power  of  attorney 
shall  acknowledge  the  same  before  a  justice  of  the  peace  of  this  State, 
or  before  a  notary  public,  mayor  of  a  corporation,  or  judge  of  a  court 
of  record,  and  shall  have  such  acknowledgment,  if  made  before  a  no- 
tary public,  certified  under  his  notarial  seal,  or  if  made  before  a  mayor 
of  a  corporation,  certified  under  the  seal  of  such  corporation,  or  if 
made  before  a  judge  of  a  court  of  record,  certified  by  the  clerk  of  the 
court  under  the  seal  of  the  court,  or  if  it  be  made  before  a  justice  oi 
the  peace  in  any  other  county  than  that  in  which  the  transfer  of  stock 
is  ])roposed  to  be  made,  the  clerk  of  the  Circuit  Court  of  the  county 
or  the  Superior  Court  of  the  city  of  Baltimore,  where  the  justice  re- 
sides, shall  certify  under  the  seal  of  the  said  court,  that  the  said  justice 
at  the  time  of  said  acknowledgment  was  duly  commissioned  and 
sworn. 

Sec.  27.  A  j)ower  of  attorney  to  execute  a  deed  shall  Ije  executed, 
acknowledged  and  certified  as  ret^uired  in  the  article  on  conveyancing. 


THE    TEEASURY    DEPARTMENT. 

Constitution,  Article  VI. 

The  followiriT  are  the  provisions  of  the  Constitution  in  relation  to 
the  offices  of  the  State  Comptroller  and  Treasurer  : 

Comptroller  and  Treasurer — Sahry,  $2,500  each — Elected  for  Two 

Years — ComptrolUr,  ly  the  People — Treasurer,  ly  the 

Legislature — Oovernor  to  Fill  Vacancies. 

Section  1.  There  shall  be  a  Treasury  Department,  consistini:^  of  a 
Comptroller,  chosen  by  the  qualiiled  electors  of  the  State,  at  each  reg- 
ular election  of  members  of  the  House  of  Delegates,  who  shall  receive 
an  annual  salary  of  two  thousand  five  hundred  dollars;  and  a  Trea- 
surer to  be  appointed  by  the  two  Houses  of  the  Legislature,  at  each 
regular  session  thereof,  on  joint  ballot,  who  shall  receive  an  annual 
salary  of  two  tliousand  five  hundred  dollars ;  and  the  terms  of  office 
of  the  said  Comptroller  and  Treasurer  shall  be  for  two  years,  and  un- 
til their  successors  shall  qualify  ;  and  neither  of  the  said  officers  shall 
be  allowed,  or  receive  any  fees,  commissions  or  perquisites  of  any 
kind,  in  addition  to  his  salary,  for  the  performance  of  any  duty  or 
services  whatsoever.  In  case  of  a  vacancy  in  either  of  the  offi.ces,  by 
death,  or  otherwise,  the  Governor,  by  and  with  the  advice  and  con- 
sent of  the  Senate,  shall  fill  such  vacancy,  by  appointment  to  continue 
until  another  election,  or  a  choice  by  the  Legislature,  as  the  case  may 
be,  and  until  the  qualification  of  the  successor.  The  Comi^troller  and 
the  Treasurer  shall  keep  their  offices  at  the  seat  of  Government,  and 
shall  take  such  oath,  and  enter  into  such  bonds  for  the  faithful  dis- 
charge of  their  duties  as  are  now,  or  may  hereafter  be,  prescribed  by 
law. 

Comptroller's  Duties  to  Enforce  Collection  of  Taxes  and  Revenue, 
Grant  Warrants  for  Money — Report  to  the  Legislature,  &c. 

Sec.  2.  The  Comptroller  shall  have  the  general  superintendence  of 
the  fiscal  aflairs  of  the  State ;  he  shall  diges't  and  prepare  plans  for  the 
improvement  and  management  of  the  revenue,  and  for  the  support  of 
the. public  credit;  prepare  and  report  estimates  of  the  revenue  and 
expenditures  of  the  State;  superintend  and  enforce  the  prompt  col- 
lection of  all  taxes  and  revenue  ;  adjust  and  settle,  on  terms  prescribed 
by  law,  with  delinquent  collectors  and  receivers  of  taxes  and  State  rev- 
enue ;  preserve  all  public  accounts ;  decide  on  the  forms  of  keeping 
and  stating  accounts ;  grant,  under  regulations  prescribed  by  law, 
all  warrants  for  money  to  be  paid  out  of  the  Treasury,  in  pursuance 
of  appropriations  by  law  ;  and  countersign  all  checks  drawn  by  the 
Treasurer  upon  any  bank  or  banks,  in  which  the  moneys  of  the  State 
may,  from  time  to  time,  be  deposited  ;  prescribe  the  formalities  of  the 
transfer  of  stock,  or  other  evidence  of  the  State  debt,  and  countersign 
the  same,  without  which,  such  evidence  shall  not  be  valid  :  he  shall 
make  to  the  General  Assembly  full  reports  of  all  his  proceedings,  and 


204  THE   TREASUllY   DEPARTMENT. 

of  the  state  of  the  Treasur.v  Department,  within  ten  days  after  the 
coniniencement  of  each  session  ;  and  perform  such  other  duties  as 
shall  be  prescribed  by  law. 

Treasvrer^s  Dutks  to  Receive  and  Deposit  Moneys,  and  Disburse  the 
same  upon  the  Warrants  of  Comptrolkr — Transfer  Bonds,  d-c. 

Sec.  3.  The  Treasurer  shall  receive  the  moneys  of  the  State,  and, 
until  otherwise  prescribed  by  law,  deposit  them,  as  soon  as  received, 
to  the  credit  of  tlie  State,  in  such  Ijank  or  banks  as  he  may,  from 
time  to  time,  with  tlie  approval  of  the  Governor,  select,  (the  said  bank 
or  banks  givinc:  security,  satisfictory  to  the  Governor,  for  the  safe 
keeping  and  forthcoming,  when  required,  of  said  deposits,)  and  shall 
disburse  the  same  for  the  j^urposes  of  the  State,  according  to  law,  upon 
warrants  drawn  by  the  Comptroller,  and  on  checks  countersigned  by 
him,  and  not  otherwise  ;  he  shall  take  receipts  for  all  moneys  paid  by 
him  ;  and  receii:)ts  for  moneys  received  by  him  shall  be  endorsed  ujion 
warrants,  signed  by  the  Comptroller;  without  which  warrants,  so 
signed,  no  acknowledgment  of  money  received  into  the  Treasury  shall 
be  valid ;  and  upon  warrants,  issued  by  the  Comptroller,  he  shall 
make  arrangements  for  the  payment  of  the  interest  of  the  public  debt, 
and  for  the  purchase  thereof  on  account  of  the  sinking  fund.  Every 
bond,  certificate,  or  other  evidence  of  the  debt  of  the  State,  shall  be 
signed  by  the  Treasurer,  and  countersigned  by  the  Comptroller;  and 
no  new  certificate,  or  other  evidence  intended  to  replace  another,  shall 
be  issued  until  the  old  one  shall  be  delivered  to  the  Treasurer,  and 
authority  executed  in  due  form  for  the  transfer  of  the  same  filed  in  his 
office,  and  the  transfer  accordingly  made  on  the  books  thereof,  and 
the  certificate  or  other  evidence  cancelled ;  but  the  Legislature  may 
make  provisions  for  the  loss  of  certificates,  or  other  evidences  of  the 
debt ;  and  may  prescribe  by  law,  the  manner  in  which  the  Treasurer 
shall  receive  and  keep  the  moneys  of  the  State. 

To  Account  to  Comptroller  Quarterly,  and  to  the  Legislature 

at  each  Session. 

Sec.  4.  The  Treasurer  shall  render  his  accounts,  quarterly,  to  the 
Comptroller ;  and  shall  publish  monthly,  in  such  newspapers  as  the 
Governor  may  direct,  an  abstract  thereof,  showing  the  amount  of 
cash  on  hand,  and  the  place,  or  places  of  deposit  thereof;  and  on  the 
third  day  of  each  regular  session  of  the  Legislature,  he  shall  sui^mit 
to  the  Senate  and  House  of  Delegates  fair  and  accurate  copies  of  all 
accounts  by  him,  from  time  to  time,  rendered  and  settled  with  the 
Comptroller.  He  shall,  at  all  times,  submit  to  the  Comptroller  the 
inspection  of  the  money  in  his  hands,  and  perform  all  other  duties 
that  shall  be  prescribed  by  law. 

When  Comptroller  and  Treasurer  shall  Qnalify. 
Sec.  5.  The  Com])troller  shall  qualify,  and  enter  on  the  duties  of 
his  office,  on  the  thirtl  Monday  of  January  next  succeeding  the  time 
of  his  election,  or  as  soon  thereafter  as  practicable.  And  the  Treas- 
urer shall  qualify  within  one  month  after  his  appointment  by  the 
Legislature. 

Oovernor  may  Remove  Comptroller  and  Treasurer  for  Cause. 
Skc.  ().  Whenciver  during  the  recess  of  the  Legislature,  charges  shall 
be  prelerred  to  the  Governor  against  the  Comptroller  or  Treasurer,  for 


THE   STATE    COMPTUOLLER. 


205 


incompetency,  malfeasance  in  office,  willful  neglect  of  duty,  or  misap- 
projjriation  of  the  funds  of  the  State,  it  shall  ha  the  duty  of  the  Gov- 
ernor forthwith  to  notify  the  party  so  charged,  and  fix  a  day  for  a  hear- 
ing of  said  charges;  and  if,  from  the  evidence  taken,  under  oath,  on 
said  hearing  before  the  Governor,  the  said  allegations  shall  be  sus- 
tained, it  sliall  be  the  duty  of  the  Governor  to  remove  said  offending 
officer,  and  appoint  another  in  his  place,  who  shall  hold  the  office  for 
the  unexpired  term  of  the  officer  so  removed. 

OtJie?^  Constitutional  Provisions. 
The  Constitution,  Article  2,  Section  18,  prescribes  as  follows  : 
Art.  2,  Sec.  18.  It  shall  be  the  duty  of  the  Governor,  semi-annually, 
(and  oftener  if  he  deem  it  ex])edicnt,)  to  examine,  under  oath,  the 
Treasurer  and  Comptroller  of  the  State,  on  all  matters  pertaining  to 
their  respective  offices;  and  inspect  and  review  their  bank  and  other 
account  books. 


DUTIES  OF  THE  COMPTROLLER  UNDER  THE 
GENERAL  LAWS. 

The  powers  and  duties  of  the  Comptroller  as  prescribed  by  the  Pub- 
lic General  Laws,  Article  22,  are  as  follows : 

Term  of  Office  Commences,  d'C. 
Sec.  1.  The  Comptroller  shall  file  his  bond  and  qualify,  by  making 
the  declaration  and  taking  the  oaths  required  by  the  Constitution  and 
Laws  before  the  Governor,  on  or  before  the  second  Wednesday  of  Jan- 
uary next  ensuing  his  election;  on  which  said  second  Wednesday  of 
January  the  term  of  his  oflice  shall  commence. 

To  Give  Bond  in  $50,000. 

Sec.  2.  He  shall,  before  entering  upon  the  discharge  of  his  duties, 
give  bond  to  the  State  of  Maryland,  with  security  or  securities  ap- 
proved by  the  Governor,  in  the  penalty  of  fifty  thousand  dollars,  with 
condition  that  he  will  truly  and  fnithfully  discharge,  execute  and  per- 
form all  and  singular  the  duties  of  him  required,  and  which  may  be 
required  by  the  Constitution  and  Laws. 

Securities  to  Qualify  as  to  their  Property. 

Sec.  3.  Each  security  on  the  bond  of  the  Comptroller  shall  make 
oaf  h  that  he  is  bona  fide  worth,  over  and  above  his  debts,  not  less  than 
some  specifiic  sum  to  be  stated  in  said  oath,  which  oath  shall  be  en- 
dorsed on  said  bond  and  recorded  therewith. 

The  Sums  Sworn  to  must  Equal  tlie  Penalty. 

Sec.  4.  The  Governor  shall  not  approve  any  l)ond  of  the  Comptrol- 
ler, unless  the  sums  so  sworn  to  and  endorsed  on  said  l)ond  shall,  in  the 
aggregate  at  least,  equal  the  amount  of  the  penalty  thereof,  and  he 
shall  be  satisfied  of  the  availability  of  such  security. 

Bond  Recorded  in  Court  of  Appeals. 

Sec.  5.  The  bond  of  the  Comptroller,  when  duly  executed  and  ap- 
proved, shall  be  recorded  in  the  office  of  the  C.erk  of  the  Court  of 
Appeals,  and  certified  copies,  under  seal  of  said  court,  may  be  used  in 
evidence  in  any  court  in  this  State. 


206  THE   STATE   COMPTROLLER, 

The  Governor  viay  Reqtiire  a  New  Bond. 
Sec.  6.  It  shall  be  the  duty  of  the  Governor  at  all  times,  when  in 
liis  opinion  the  security  or  securities  of  any  Comptroller  have  or  are 
likely  to  become  invalid  or  insufficient,  to  demand  and  require  such 
Comptroller  forthwith  to  renevv  his  bond  to  the  State  of  Maryland, 
with  security  or  securities  to  be  approved  by  the  Governor,  in  the 
penalty  and  according  to  the  form  ])rescribed  in  this  article;  and  in 
case  of  neglect  or  refusal  by  any  Comptroller  to  give  bond  with  se- 
curity or  securities  as  aforesaid,  within  twenty  days  after  the  same 
shall  be  demanded  and  required  by  the  Governor,  such  neglect  or  re- 
fusal shall  1)6,  and  it  is  hereby  declared  to  be  a  disqualification  within 
the  meaning  of  the  Constitution  ;  and  the  Governor  is  hereby  required 
to  proceed  forthwith  to  apj^oint  a  fit  and  proper  person  to  till  the  va- 
vancy  occasioned  thereby,  according  to  the  provisions  of  the  Consti- 
tution. 

The  Comptrollers  Office. 

Sec.  7.  The  Comptroller  shall  keep  his  office  in  the  building  now 
occupied  by  him  in  the  city  of  Annapolis,  until  otherwise  j^rovided 
by  law.— 18G2,  ch.  230. 

May  Employ  a  Clerk. 

Sec.  8.  He  may  em]iloy  a  clerk,  whose  compensation  shall  be  one 
thousand  dollars  per  annum,  and  an  assistant  clerk,  whose  compensa- 
tion shall  l;e  seven  hundred  dollars  j^er  annum. 

To  Report  Annually  to  Ooveiiior  or  Legislature. 

Sec.  9.  He  shall,  within  ten  days  after  the  first  Wednesday  in  Jan- 
uary in  each  year,  make  to  the  Legislature,  if  in  session,  or  to  the 
Governor  if  the  Legislature  he  not  in  session,  a  report  exhibiting  a 
complete  statement  of  the  funds  and  revenues  of  the  State,  and  of  the 
pul^lic  exj^enditures  during  the  fiscal  year  ending  on  the  thirtieth  day 
of  September  preceding,  specifying  the  amottnts  derivable  and  received 
from  each  source  of  revenue,  and  the  purpose  for  which  each  expendi- 
ture was  made,  and  showing  the  names,  residence  and  official  char- 
acter of  the  persons  from  whom  any  arrearages  may  be  due,  with  the 
amount  so  due  from  each  defaulter. 

To  Report  Annual  Estimates  of  Receipts  ami  Expenditures. 
Sec.  10.  He  shall  with  each  annual  report  return  an  estimate  of  the 
receipts  and  expenditures  of  the  current  year,  distinguishing  the  per- 
manent and  regular  expenses  of  the  government  for  which  appro])ria- 
tions  iiave  been  made  Irom  tliose  charges  for  vrhicli  appropriations  are 
required  to  be  made  by  law. 

To  Keep  Accormts  in  Suitahle  Boohs. 

Sec.  11.  He  shall  kecj')  and  preserve  in  his  ofiice  in  suitable  books, 
to  be  procured  at  the  expense  of  the  State,  full  and  accurate  accounts 
of  the  annual  revenues  and  expenditures  of  every  class  and  de.-icrip- 
tion,  under  the  pr()j)er  heads  thereof,  according  to  such  forms  as  under 
the  provisions  of  the  Constitution  he  may  prescribe. 

To  Keep  Records  of  PuUic  Accounts  Adjusted. 
Sec.  12.  He  shall  keep  fair  and  accurate  records  of  all  public  ac- 
counts adjusted  by  him,  or  returnable  to  or  kept  in  his  office. 


THE   STATE    COMPTKOLLER. 


207 


Boohs  and  Papers  Si/?>ject  to  Inspection. 

Sec.  13.  ITe  shall  keep  safi'ly  all  vouchers  and  eopies  of  letters  writ- 
ten by  or  to  him  in  the  i)erlbrmance  of  his  ollicial  duties,  and  a  record 
of  his  official  proceedings,  and  the  books  and  papers  of  his  office  shall 
at  all  times  be  subject  to  the  inspection  of  the  Governor  and  tlie  mem- 
bers of  the  Legislature. 

To  Obtain  Full  Reports  of  Eeventies,  &c. 

Sec.  14.  He  shall  obtain  from  all  1^11)110  officers,  and  from  all  bodies 
politic  and  corporate  who  have  heretolbre  made  tlieir  re])ort  and  re- 
turns to  the  Governor  or  Treasurer,  full  reports  from  time  to  time, 
concerning  the  revenues  or  taxes  of  tlie  State,  and  all  such  papers  or 
copies  of  i)apers  pertaining  to  the  revenue  or  taxes  thereof,  which  he 
may  deem  necessary. 

To  keep  an  Account  letween  State  and  Treasurer. 
Sec.  15.  He  shall  keep  an  account  between  the  State  and  the  Trea- 
surer, who  shall  be  charged  therein  with  the  balance  in  tlie  treasury  at 
the  time  said  account  is  commenced,  and  all  moneys  received  by  him, 
and  shall  be  credited  with  all  warrants  drawn  on  and  paid  by  him. 

To  Examine  Debts  and  Credits  Monthly. 

Sec.  16.  He  shall,  at  least  once  in  every  month,  carefully  examine 
the  accounts  of  debts  and  credits  kept  in  the  l)ooks  of  the  Treasurer, 
and  shall  j^rocure  from  the  bank  in  which  the  public  funds  may  be 
deposited,  monthly  statements  of  all  moneys  deposited,  or  drawn  out, 
by  tlie  Treasurer ;  which  statem'^nts  the  bank  is  hereby  required  to 
furnish. 

Warrants  to  set  forth  Purpose  and  Law. 

Sec.  17.  Every  warrant  drawn  by  the  Comptroller  on  the  Treasurer 
for  the  disliursement  of  money,  to  be  valid,  shall  ex]>ress  upon  its  face 
the  ])urpose  for  which  it  is  drawn,  and  the  act  of  the  General  Assem- 
bly by  which  the  appropriation  is  made,  and  the  Comptroller  shall 
keep  an  abstract  of  every  warrant  so  <lrawn  by  him,  and  also  of  every 
warrant  drawn  by  him  in  fivor  of  the  Treasurer  for  the  payment  of 
money  into  the  treasury  for  the  use  of  the  State,  and  a  duplicate  of 
each  warrant  drawn  for  the  receipt  of  money  into  the  treasury  shall 
be  kept  and  jjreserved  by  the  Treasurer  as  his  voucher  for  the  receipt 
thereof 

Not  to  Sign  Blank,   Warrants.,  &c. 

Sec.  18.  The  Comptroller  shall  not  sign  any  warrant  for  the  dis- 
bursement of  money  in  i)lank,  and  he  shall  permit  no  warrant  either 
for  the  disbursement  or  receipt  of  money  to  be  issued  from  his  office, 
unless  the  entry  of  the  amount  stated  in  such  warrant,  and  the  jnir- 
l)ose  and  account  for  which  it  is  issued,  be  first  entered  on  the  books 
of  his  office.— 18G2,  ch.  140. 

To  liepn't  Claims  Against  tlie  State. 

Sec.  19.  All  persons  having  claims  against  the  State  for  errors  in 
the  paj'ment  of  their  State  taxes,  or  for  sums  erroneously  paid  into  the 
Treasury,  shall  present  the  same  with  proofs  and  vouchers  thereof  to 
the  Comj^troller,  who  shall  examine  the  same,  and  rejjort  to  the  Gen- 
eral Assembly,  at  the  next  session  thereof,  the  names  of  sucli  persons 
as,  in  his  opinion,  are  entitled  to  an  allowance  for  said  erroneous  pay- 
ments, and  the  amount  that  ought  to  be  paid  to  each. — 1862,  ch.  180. 
14 


208  THE    STATE    COMPTROLLER. 

When  and  How  to  Pay  Claims. 

Sec.  20.  Upon  demand  being  made  upon  tlie  Comptroller  by  any 
person  or  corporate  bodv,  having  a  claim  against  the  State,  due  to 
him.  in  his  own  right,  if  such  person  or  corporation  is  indebted  to  the 
State,  as  shown  by  the  books,  of  the  Treasurer,  or  in  any  m;>,iiner  as- 
certained, to  an  amount  less  than  the  sum  so  due  and  claimed,  the 
Comptroller  shall  deduct  the  sum  so  due  and  claimed  ;  the  Comptrol- 
ler sliall  deduct  the  sum  so  due  the  State  from  the  amount  demanded, 
and  give  a  warrant  on  the  Treasurer  for  the  difference  only,  and  if  the 
amount  due  to  the  State  shall  be  equal  to,  or  exceed  the  sum  so  de- 
manded, the  said  Comptroller  shall  refuse  to  issue  any  warrant  to  the 
claimant. 

To  Bring  Suit  for  Moneys  after  Thirty  Days. 

Sec.  21.  If  any  clerk,  register,  notary  joublic,  auctioneer,  contractor, 
inspector  or  receiver  of  the  public  moneys  other  than  collectors  of  the 
direct  tax.  shall  fail  to  account  for  and  pay  over  to  the  Treasurer  all 
public  moneys  in  his  hands  for  thirty  days  after  the  time  required  by 
law,  it  shall  be  the  duty  of  the  Comptroller  to  direct  the  State's  At- 
torney in  the  county  or  city  where  such  defaulter  may  be.  to  institute 
a  suit  upon  the  bond  of  such  delaulter,  and  to  prosecute  the  same  with 
diligence  and  elfect,  and  in  no  case  shall  he  fail  to  institute  suit  on 
the  bond  of  every  collector  of  the  taxes  who  shall  be  in  default  or 
arrear  for  more  than  one  year. 

ComptroUer''s  Statement  of  Account  Prima  Facie  Evidence. 
Sec.  22.  In  case  of  the  institution  of  any  suit  or  actitm  against  a 
collector  or  other  officer  charged  with  the  collection  or  receipt  of 
moneys  behmging  to  the  State,  or  against  the  othcial  bond  of  such 
collector  or  other  officer,  a  statement  of  the  account  of  such  collector 
or  other  officer,  certified  and  signed  by  the  Comptroller,  shall  be  taken 
and  received  as  prima  facie  evidence  of  the  debt  or  amount  therein 
stated  to  be  due. 

Unclaimed  Dividends  and  Deposits  of  Banks. 
Sec.  23.  The  Comptroller  shall  see  that  the  provisions  requiring  the 
publication  by  the  banks  and   other  incorporated   moneyed   institu- 
tions of  unclaimed  dividends  and  deposits  shall  he  complied  with. 

To  have  BlanJc  Licenses  Printed. 

Sec.  24.  He  shall  cause  to  be  printed  in  the  forms  prescribed  by  law 
or  usage,  blank  marriage  licenses,  traders'  licenses,  ordinary  licenses, 
non-resident  licenses,  brokers'  licenses,  hawkers'  and  peddlers'  licenses, 
exhilntion  licenses,  billiard-table  licenses,  wood  hucksters'  licenses, 
and  all  other  licenses  issued  by  the  clerks  of  the  courts  of  this  State, 
and  now  authori/.ed  by  law,  with  the  several  rates,  grades  and  des- 
criptions thereof,  with  reference  to  the  character  and  object  of  said 
licenses,  the  sum  to  be])aid  therefor,  and  the  fractional  part  of  the  year, 
not  less  than  one  month  or  any  number  of  months  for  which  the  same 
may  be  issued,  and  upon  the  requisition  of  the  clerks  of  the  several 
Circuit  Courts,  and  of  the  Court  of  Common  Pleas  of  Baltimore,  shall 
forthwith  deliver  to  the  said  clerks,  tlie  number  and  descrij)tion  of 
licenses  recpnred  by  them  for  one  year,  or  the  fractional  i)arts  of  the 
year,  terminating  on  the  thirtietli  of  April  then  next  ensuing,  and 
shall  take  a  rcccii)t  from  the  several  clerks  thcrelor. 


THE   STATE   COMPTROLLER.  209 

Sundays  Excepted  from  License. 
Sfc.  2.5.  He  shall  liavo  inserted  in  all  ordinary  Hccnpes,  a  clause 
specially  excepting  the  Sabbath  day  from  the  operation  of  said  license. 
All  Licenses  to  have  a  Special  Stamp. 
Sec.  26.  He  shall  procure  a  stamp,  with  such  design  and  descri])- 
tion  as  in  liis  judgment  shall  seem  best  adapted  to  its  purjjose,  which 
stamp  shall  be  used  on  all  licenses  issued  from  his  office. 
To  Have  Blank  Protests  Printed. 
Sec.  27.  He  shall  cause  to  l;e  printed  in  the  fonns  heretofore  used 
and  sanctioned  by  law,  blank  protests,  of  bills  of  exchange  and  prom- 
issory notes,  and  stamji  the  same  with  the  same  stamp  used  by  him  on 
all  licenses  issued  from  his  office,  and  shall  take  receipts  from  the  sev- 
eral notaries  public  tor  all  such  stamped  protests  at  anytime  delivered 
to  them.— 1862,  ch.  120. 

2'he  State's  Receipts  and  Erpenses  to  he  Printed  tcith  the  Lares. 
Sec.  28.  He  shall,  after  each  regular  session  of  the  General  Assem- 
bly, furnish  the  printer  of  the  laws  with  an  accurate  statement  of  the 
receijus  and  expenditure  of  the  public  money  for  the  fiscal  year:  and 
it  shall  be  the  duty  of  the  said  printer  to  attach  said  statement  to  and 
])ublish  the  same  with  the  laws  passed  by  the  General  Assembly  at 
such  sessions. 


The  acts  of  the  General  Assembly  of  1872,  relating  to  the  duties  of 
the  Comptroller  are  as  follows : 

The  Public  General  Laws,  Article  30,  Section  2,  prescribes  the  jiun- 
ishment  for  defaulting  officers  to  be  imprisonment  in  the  jjeuitentiary, 
as  follows : 

Defaulting  Officers  Lmprisoned  in  the  Penitentiary. 

Art.  30,  Sec.  2.  If  any  clerk,  register  of  wills,  sheriff,  collector  of 
taxes,  notary  public,  or  other  officers,  whose  duty  it  is  to  collect  reve- 
nue due  the  State  of  Maryland,  or  any  county  thereof,  shall,  after  the 
receipt  of  said  revenue  by  him.  wilfully  detain  the  same  in  his  posses- 
sion, and  neglect  to  pay  the  same  into  the  treasury  of  the  State,  or  to 
the  County  Commissioners,  or  the  proper  officer  authorized  to  receive 
the  same,  for  more  than  sixty  days  after  the  day  upon  which  it  is 
made  by  law  the  duty  to  pay  the  same,  or  if  no  particular  day  be  ap- 
])(iinted  by  law  for  said  payment,  and  such  officer  shall  detain  any 
revenue  due  to  the  State,  or  to  any  county  thereof,  and  which  it  is  his 
duty  to  collect,  and  which  he  shall  have  collected,  and  shall  neglect 
1o  ])ay  the  same  into  the  treasury  of  the  State,  or  to  the  County  Com- 
missioners, or  the  proper  officer  authorized  to  receive  the  same,  for 
the  space  of  six  months  after  he  shall  have  so  collected  the  same,  such 
officer  so  offending  in  either  case,  shall  be  deemed  to  be  a  defaulter, 
and  upon  indictment  and  conviction  thereof,  shall,  in  addition  to  any 
other  joenalties  already  provided  by  law,  be.  for  each  offence,  impris- 
oned in  the  State  penitentiary,  not  less  than  one  year  nor  more  than 
five  years,  unless  the  amount  for  which  he  is  a  defaulter  lie  sooner 
paid  ;  and  the  certificate  of  the  Comptroller  of  the  State  of  Maryland, 
or  of  the  respective  clerks  of  the  County  Commissi(mers,  shall,  in  every 
jirosecution  under  this  section,  be  received  as  prima  facie  evidence  of 


210  THE   STATE   COMPTROLLER. 

such  defalcation,  and  the  Judges  of  the  courts  having  criminal  juris- 
diction, in  this  State,  shall  give  this  law  in  charge  to  the  grand  juries 
summoned  to  their  respective  courts. — 1872,  ch.  329. 

Comptrolkr  Authorized  to  Settle  and  Cmnjyromiae  Old  Clmms. 

The  Act  of  1872,  chapter  196,  authorizes  the  Comptroller  to  settle 
the  accounts  of  all  collectors,  sheriff's,  clerks,  registers,  and  other  col- 
lectors or  receivers  of  jjublic  moneys  and  their  securities  in  cases  where 
said  claims  accrued  prior  to  and  including  1869,  and  is  fully  author- 
ized to  compromise  the  same  by  abating  tlie  interest  that  has  accrued, 
or  any  portion  thereof,  or  any  part  of  tlie  principal  debt,  in  his  discre- 
tion, &c.;  Provided^  the  Governor  and  Treasurer  approve,  in  writing, 
of  any  such  abatement,  and  provided  that  the  parties  benefited,  shall 
first  pay  the  legal  fees  of  the  State's  Attorneys  and  clerks  and  sheriff's. 

To  Set  Apart  $100,000  Annually  fm-  Sinking  Fund. 
The  Act  of  1872,  chapter  276,  Section  3,  directs  the  Comptroller,  on 
the  first  day  of  July  in  every  year,  to  set  apart  to  the  credit  of  the  sink- 
ing fund,  $100,000,  to  be  invested  in  the  stocks  or  b(mds  of  this  State, 
and  said  bonds  after  being  cancelled,  shall  be  credited  to  the  sink- 
ing fund,  «&c. 

To  Invest  Surplus  Funds  in  State  Stocks,  &c. 

Sec.  4,  of  the  above  Act,  directs  the  Comptroller,  whenever  there 
shall  be  a  surplus  in  the  treasury  over  the  current  expenses  of  the 
State,  as  provided  by  law,  to  invest  the  same  in  the  stocks  or  bonds 
of  the  State,  purchased  at  ])ar  or  less,  and  in  all  such  purchases  to  give 
l)reference  to  the  overdue  debt. 

Comptrollei'  to  Sell  Cei'tain  State  Stocks  in  Banls,  Ac. 

The  Act  of  1872,  chapter  383,  directs  the  Comptroller  to  sell  the 
State's  six  per  cent.  Baltimore  city  stock,  amounting  to  $154,550,  ard 
the  stock  in  the  Farmers'  National  Bank  of  Aimapolis,  amounting  to 
$46,470,  at  not  less  than  par,  and  ajjpropriate  the  proceeds  to  the  pay- 
ment of  the  State  bonds  due.  or  part  due  ;  and  to  give  notice  that  on 
a  day  named,  interest  on  said  bonds  will  cease,  &c. 

Assessment  of  Stocl's  for  State  Purposes. 

The  Public  General  Laws,  Article  81,  Section  149,  require  the  Comp- 
troller to  assess  the  capital  stock  of  banks,  &c.,  at  their  true  market 
value,  &c.,  as  iollows  : 

Art.  81,  Sec  149.  The  Comptroller  of  the  Treasury  shall,  on  or  before 
the  first  day  of  May  in  each  year,  assess  the  shares  of  capital  stock  in 
all  banks,  l)anking  associations,  and  other  incorporated  institutions, 
or  companies,  incorporated  by  this  State,  except  railroad  and  canal 
companies,  at  the  true  market  value  thereof  in  dollars  and  cents,  and 
for  tlie  purpose  of  ascertaining  the  true  value  of  such  shares,  the  Comp- 
troller is  hereljy  authorized  and  emj^owered  to  examine,  upon  oath, 
any  other  person  as  a  witness,  whom  he  may  be  advised  has  important 
inibrniation  in  regard  to  the  value  of  such  shares  of  cnpital  stock,  and. 
any  such  officer  refusing  to  answer,  upon  oath,  touching  the  shares  of 
said  bank,  banking  association  or  coin])any,  of  which  jic  is  an  othcer, 
shall  forf(Mt  and  pay  to  the  State  of  Maryland,  the  sum  of  $500. — 
1872,  ch.  90. 

The  Comptroller  has  other  and  special  duties  to  perform  under 
other  provisions  (jf  the  General  Laws.  , 


THE   STATE   COMPTROLLER.  211 

Compensation  of  Clerics. 
The  General  Appropriation  Acts  of  1872,  chapters  39  and  r)2,  ap- 
propriates ^l.CiOO  per  year,  for  the  pay  of  the  chief  clerk  to  the  Comp- 
troller, and  $1,200  per  year,  to  each  of  the  three  assistant  clerks,  for 
1872  and  1S73. 

The  State  Insurance  Commissioner. 
The  Act  of  1872,  chapter  388,  amending  Article  56,  Public  General 
Laws,  provides  for  the  a])])ointment  of  an  Insurance  Commissioner  for 
the  State  of  Maryland,  as  follows  : 

Insurance  Department  Established. 
Art.  56,  Sec.  27.  There  is  hereby  establishc<l  a  distinct  bureau  in 
the  office  of  the  Comptroller  of  the  Treasury,  to  be  kn^^wn  as  the  In- 
surance Department,  which  shall  be  chargedwith  the  execution  of  the 
laws  of  this  State  in  relation  to  insurance  ;  and  the  Comptroller  of  the 
Treasury  is  hereby  authorized  and  directed  to  assign  a  clerk  in  charge 
of  said  department,  who  shall  be  known  as  the  Insurance  Commis- 
sioner of  the  State  of  Maryland,  and  who  shall  receive  an  annual  sal- 
ary of  twenty-five  hundred  dollars,  (!«!2500.)  payabfe  out  of  the  fees  of 
his  office,  and  shall  hold  his  ofiice  during  the  term  of  the  Comptroller 
making  the  appointment,  or  until  his  successor  is  appointed  and  qual- 
ified, unless  sooner  removed  by  the  Comptroller ;  and  the  said  Insu- 
rance Commissioner  shall  give  bond  to  the  State  of  Mnrvland,  in  the 
sum  of  twenty-five  thousand  dollars  for  the  faithful  discharge  of  his 
duties,  and  no  person  who  is  a  director,  officer  or  agent  of,  or  directly 
or  indirectly  interested  in  any  insurance  company,  except  as  insured, 
shall  be  appointed  as  such  Commissioner  l>y  the  Comptroller,  and  the 
rulings  and  decisions  made  by  said  Commissioner,  shall  always  be 
subject  to  revision  by  the  ComiJtroller. 

Commissioner  to  See  All  Laws  Faithfully  Executed. 
Sec.  28.  It  shall  be  the  duty  of  the  Insurance  Commissioner  to  see 
that  all  laws  of  this  State,  respe-^ting  insurance  companies,  are  faith- 
fully executed;  to  tile  in  his  office  every  charter,  or  declaration  of,  or 
organization  of  a  company,  with  certificate  of  the  Attorney  General, 
and  on  application  of  the  corporation,  to  furnish  them  certified  copies 
thereof 

Companies  hehio  the  Standard  of  Safety  required  to  Close  Business,  &e. 

Sec.  3.  In  case  it  is  found  that  any  life  insurance  comjiany,  doing 
business  in  this  State,  has  not  on  hand  the  net  value  of  all  its  policies 
in  force,  after  all  other  debts  of  the  company  and  claims  against  it, 
exclusive  of  capital  stock,  have  been  provided  for,  it  shall  be  the  duty 
of  the  Insurance  Commissioner  to  publish  the  fact  that  the  then  exist- 
ing condition  of  the  afiairs  of  the  company  is  below  the  standard  of 
legal  safety  established  by  this  State;  and  he  shall  require  the  com- 
pany at  once  to  cease  doing  new  business  ;  and  he  shall  immediately 
institute  proceedings  to  determine  what  further  shall  be  done  in  the 
case;  and  it  is  hereby  made  the  duty  of  the  Insurance  Commissioner, 
after  having  determined,  as  above,  the  amount  of  the  net  value  of  all 
the  policies  in  force,  to  see  that  the  company  has  that  amount  in  safe, 
legal  securities,  of  the  description  and  character  provided  for  in  this 
Act,  after  all  its  other  debts  and  claims  against  it,  exclusive  of  capital 
stock,  have  been  provided  for. 


212  THE    STATE    TREASURER. 

Any  Company  Insolvently  or  Fraudulently  Conducted  to  he  Closed. 

Sec.  8.  The  Tnsuraiicc  Commissioner  shall  institute,  or  cause  to  be 
instituted,  if  approved  hy  the  Comptroller,  the  necessary  proceeding's, 
under  the  laws  of  this  State,  to  close  the  affairs  of  any  company  of  the 
State,  which  shall  appear  to  liim,  upon  examination,  to  lie  insolvent, 
or  fraudulently  conducted;  to  report  in  detail,  tlirough  the  Comptrol- 
ler, to  the  Attorney  General,  any  violation  of  the  laws  relative  to  in- 
surance comj^anies,  their  officers  or  agents,  or  the  business  of  insurance. 

Foreign  companies,  or  their  agents,  shall  jiay  into  the  State  Trea- 
sury, $800  license,  and  a  tax  of  one  and  a  half  per  cent,  on  the  gross 
premiums  charged  or  collected  for  said  companies  during  the  last 
license  year.  Any  jjerson  or  company  violating  the  provisions  of  this 
Act,  shall  pay  a  tine  of  not  less  than  $100,  nor  more  than  $1,000. 

The  above  Act  of  1872,  chapter  888,  contains  other  provisions,  pre- 
scribing the  mode  in  which  the  office  of  the  Insurance  Commissioner 
is  to  be  conducted. 

For  the  Act  of  1873,  chajDter  276,  relating  to  the  Sinking  Fund,  see 
State  Treasurer. 


DUTIES   OF   THE    STATE   TREASURER   UNDER  THE 
GENERAL   LAWS. 
The  duties  of  the  State  Treasurer  are  prescribed  by  Article  94,  of 
the  Public  General  Laws,  as  follows: 

Oath  of  Office. 

Sec.  1.  The  Treasurer,  in  addition  to  the  oath  prescribed  by  the 
fourth  section  of  the  tirst  article  of  the  Constitution,  shall  take  an  oath 
faithfully,  diligently  and  hone-^tly  to  discharge  the  duties  of  his  office. 

Bond  $200,000. 

Sec.  2.  He  shall,  before  entering  upon  the  discharge  of  his  duties, 
give  Ijond  to  the  State  of  Maryland,  with  security  or  securities  ap- 
proved by  tlie  Governor,  in  the  penalty  of  two  hundred  thousand  dol- 
lars, with  condition  that  he  will  truly  and  faithfully  discharge,  execute 
and  perform  all  and  singular  the  duties  of  him  required,  and  which 
may  be  required  by  the  Constitution  and  Laws. 

Securities  to  Qualify 

Sec.  3.  Each  security  on  the  bond  of  the  Treasurer,  shall  make  oath 
that  he  is  bona  fide  worth,  over  and  above  his  debts,  not  less  than 
some  specified  sum  to  be  stated  in  said  oath,  which  oath  shall  be  en- 
dorsed on  said  bond  and  recorded  therewith. 

Bond  to  Equal  the  Amount  of  the  Penalty. 

Sec.  4.  The  Governor  shall  not  approve  any  bond  of  the  Treasurer, 
unless  the  sums  so  sworn  to  and  endorsed  on  said  bond  shall,  in  the 
aggregate,  at  least  e(iual  the  amount  of  the  2)Ciialty  thereof,  and  he 
shall  be  satisfied  of  the  availability  of  such  security. 

To  he  Recorded  in  the  Court  of  Appeals. 

Sec.  5.  The  bond  of  the  Treasurer,  when  duly  executed  and  ap- 
proved, shall  be  recorded  in  the  office  of  the  clerk  of  the  ('ourt  of  Ap- 
peals, and  certilied  co])ies,  umler  seal  of  said  court,  may  be  used  in 
evidence  in  any  court  of  law  in  this  State. 


THE   STATE   TREASUllER. 


213 


Govo'Tior  may  Require  Bond  to  be  Renewed. 
Sec.  0.  It  shall  be  tlie  duty  of  the  Governor  at  all  times,  when  in 
liis  opinion  the  security  or  securities  of  any  Treasurer  liave  or  are 
likely  to  become  invalid  or  insufficient,  to  demand  and  rcfjuire  such 
Treasurer  forthwith  to  renew  his  Ixmd  to  the  State  of  Maryland,  with 
security  or  securities  to  be  approved  by  the  Governor,  in  the  penalty 
and  accordini;  to  the  form  ])re^cribed  in  this  article;  and  in  case  of 
neglect  or  refusal  by  any  Treasurer  to  give  bond  with  security  or  se- 
curities as  aforesaid  within  twenty  days  after  the  same  shall  be  de- 
manded and  required  bv  the  Governor,  such  neglect  or  refusal  shall 
l)e,  and  it  is  hereby  declared  to  be,  a  disqualification  within  tlie  mean- 
ing of  the  Constitution  ;  and  the  Governor  is  hereby  required  to  pro- 
ceed forthwith  to  appoint  a  fit  and  proper  person  to  fill  the  vacancy 
occasioned  thereby,  according  to  the  provisions  of  the  Constitution. 

ClerFs  Salary  $1200. 

Sec.  7*.  The  Treasurer  of  Maryland  shall  appoint  a  clerk  to  assist 
in  the  discharge  of  his  duties,  who  shall  receive  an  annual  salary  of 
twelve  hundred  dollars. 

[The  General  Ajspropriation  Acts  of  1873,  chapters  35  and  62,  give 
!|1C00  per  year  to  another  clerk.] 

To  Invest  Accruing  Interest  of  Sinking  Fund. 
Sec.  8.  The  Treasurer  shall  invest  the  interest  accruing  on  the  sink- 
ing fund  in  the  funded  dcl)t  of  this  State,  or  in  the  bonds  and  stocks 
issued,  or  to  be  issued,  by  the  Government  of  the  United  States,  as 
soon  after  receiving  the  same  as  he  can  do  so  advantageously,  and 
carry  such  investment  to  the  credit  of  said  fund. — 1864,  ch.  370. 

May  Invest  Surplus  Moneys  in  Oovernment  Bonds,  &c. 

Sec.  9.  All  surplus  moneys  which  may  at  any  time  be  in  the  Trea- 
sury, not  required  in  the  judgment  of  the  Comptroller  and  Treasurer, 
to  pay  the  ordinary  expenses,  and  current  interest  upon  the  funded 
debts  of  this  State,  or  for  the  redemption  of  such  i)art  or  parts  of  said 
lundod  debts  as  may  be  due  or  become  due,  or  in  case  no  part  of  said 
funded  debt,  not  held  by  the  sinking  fund,  is  then  due,  the  said  Trea- 
surer may,  with  the  approval  of  the  Comptroller  and  Governor,  invest 
said  surplus  moneys  or  any  part  thereof  in  the  bonds  or  stocks  issued 
or  to  be  issued  Ijy  the  Government  of  the  United  States,  and  all  in- 
vestments of  said  fund  or  its  increments,  here  before  made  by  the  Trea- 
surer, in  any  such  bonds  or  stocks  of  the  United  States,  are  hereby 
approved  and  made  valid. — 18G4,  ch.  370. 

Funded  Debts  Canceled. 

Sec.  10.  All  ])arts  of  the  funded  debts  of  this  State  redeemed  shall 
be  canceled,  and  all  parts  purcliased  shall  be  also  canceled,  except  one 
hundred  thousand  dollars  of  said  funded  debt  so  purchased  in  each 
year,  which  shall  be  carried  to  the  credit  of  the  sinking  fund. 

How  to  he  Charged. 

Sec.  11.  All  such  parts  of  the  funded  debts  of  this  State  created  for 
the  benefit  of  works  of  internal  improvements,  or  on  account  of  the 
tobacco  debt,  as  maybe  redeemed  or  purchased,  as  herein  provided, 
shall  continue  to  be  a  charge  against  the  works  of  internal  improve- 


214  THE   STATE    TREASURER. 

ments,  or  against  the  tobacco  fund,  as  the  case  may  be,  and  shall  be 
carried  to  the  credit  of  the  sinking  fund  for  that  purpose  and  no  other. 

To  Transmit  Interest  to  Europe. 

Sec.  12.  The  Treasurer  shall  provide,  in  such  manner  as  he  shall 
deem  most  expedient,  for  transmitting  to  Europe,  and  there  disbursing 
securely  and  punctually,  all  such  sums  of  money  as  from  time  to  time 
may  be  necessary  to  i)ay  the  interest  which  is  to  accrue  on  that  part 
of  the  debt  of  this  State  the  interest  whereof  is  payable  in  Europe. 

To  Change  Sterling  Bonds  into  Current  Money. 
Sec.  13.  He  shall,  upon  the  application  of  the  holder  of  any  of  the 
sterling  bonds  of  this  State,  and  upon  the  surrendering  and  cancel- 
ing of  the  same  and  of  their  projjer  cnupons,  issue  to  and  in  the  name 
of  said  applicant,  or  any  other  person  named  by  him,  a  certificate  or 
certificates  of  debt  of  the  State  for  the  principal  of  the  bond  or  bonds 
so  rendered  to  him,  converted  into  current  money  of  the  United 
States,  at  the  rate  of  four  dollars  and  eighty-four  cents  for  each  pound 
sterling,  or  at  such  rates  as  may  be  estaijlished  by  act  of  Congress,  to 
bear  interest  of  five  per  centum  per  annum  from  the  first  day  ()f  Janu- 
ary or  July,  as  the  case  may  be,  next  before  its  issue,  payable  quarter- 
ly at  the  Treasury,  and  to  be  there  redeemable  at  the  pleasure  of  the 
State,  after  the  time  in  that  behalf  limited  in  and  by  said  sterling 
bonds. 

Preserve  Certain  Boohs  and  Papers. 

Sec.  14.  He  shall  keep  and  carefully  preserve  all  the  books,  papers 
and  accounts  belonging  to  the  treasury  oflfice,  including  the  debt- 
books  and  other  papers  relative  to  the  revenue  of  the  late  Lord  Pro- 
prietaries, and  the  books,  papers  and  accounts  of  the  Commissioner 
of  Loans. 

Claims  for  Money  Paid  State  in  Error. 

Sec.  15.  All  persons  having  claims  against  the  State  for  errors  in 
the  payment  of  their  State  taxes,  or  for  sums  erroneously  paid  into 
the  treasury,  shall  present  the  same  with  the  proofs  and  vouchers 
thereof  to  the  Treasurer,  who  shall  examine  the  same,  and  report  to 
the  General  Assembly  at  the  next  session  thereof,  the  names  of  such 
persons  as  in  his  opinion  are  entitled  to  an  allowance  for  said  errone- 
ous payments,  and  the  amount  that  ought  to  be  paid  to  each. 
Money  Due  State  Deducted  from  Claims. 

Sec.  16.  The  Treasurer,  uj^on  demand  being  made  upon  him  by  any 
person  or  corporate  body,  having  a  claim  against  the  State  due  to 
him  in  his  own  right,  shall,  if  such  person  or  corporation  is  indebted 
to  this  State  upon  the  books  of  the  treasury  to  an  amount  less  than 
the  sum  so  due  and  claimed,  deduct  the  sum  so  due  the  State  from  the 
amount  demanded,  and  pay  the  difference  only  ;  and  if  the  amoiuit 
due  to  the  State  shall  be  equal  to,  or  exceed  the  sum  so  demanded,  the 
Treasurer  shall  withhold  the  entire  amount. 

Same  Bights  in   Case  of  an  Assignee. 

Sec.  17.  If  the  demand  is- made  by  any  assignee  of  a  party  having 
a  ('laim  against  the  State,  the  same  right  to  withhold  or  deduct,  as 
the  case  may  be,  shall  exist  as  if  the  demand  were  made  by  the  as- 
signor. 


THE   STATE   TREASURER.  215 

To  Issue  Duplicates  for  Bonds,  dr.,  Lost. 

Sec.  18.  The  Treasurer  may  issue  new  evidences  of  debt  or  coupons 
of  interest,  showing  on  their  face  that  they  are  duplicates  of  bonds  or 
coupons  alleged  to  be  lost,  and  corresponding  in  amount  with  the  said 
lost  bonds  or  coupons ;  Provided,  the  owners  of  such  bonds  or  coupons, 
before  such  renewal,  shall,  by  legal  and  competent  evidence,  prove  to 
the  satisfaction  of  the  Treasurer  the  loss  of  said  bonds  or  coupons, 
and  shall  give  him  satisfactory  security  to  indemnify  the  State  agair  st 
any  other  claim  or  demand  on  account  of  said  bonds  or  coupons  al- 
leged to  be  lost. 

To  Appoint  Agent  to  Pay  Interest. 

Sec.  19.  The  Treasurer  is  authorized  to  appoint  the  president  of  an 
incorporated  bank  in  the  city  of  Baltimore  his  agent,  whose  duty  it 
shall  be,  under  such  projjer  arrangements  as  the  Treasurer  shall  make, 
to  pay  the  interest  upon  the  public  debt :  the  interest  on  such  portion 
thereof  as  consists  of  the  currency  stock,  to  be  ])aid  at  the  bank  of 
which  the  said  agent  is  president ;  the  said  agent  shall  take  receipts 
for  all  such  payments,  and  his  accounts  shall  at  all  times  be  subject  to 
inspection  by  the  Treasurer,  and  copies  thereof  shall  be  furnished 
whenever  required  by  the  Treasurer,  Comptroller  or  either  House  of 
the  General  Assembly. 

Agent  to  ie  Paid  Expenses  Only. 

Sec.  20.  In  any  arrangement  the  Treasurer  may  make  with  the  said 
president,  for  the  purpose  aforesaid,  it  shall  be  stipulated  that  for 
any  or  all  the  duties  to  be  performed,  the  said  agent  shall  receive  no 
compensation  whatever,  nor  shall  he  be  reimbursed  for  any  expenses 
whatever,  that  may  be  incurred  in  the  performance  of  said  duties,  ex- 
cept the  actual  cost  of  the  necessary  books,  stationery  and  printing 
expenses. 

Agent  to  give  Bond  in  $200,000. 

Sec.  21.  It  shall  be  the  duty  of  the  Treasurer  to  require  of  any 
agent  to  be  appointed  by  him,  to  give  bond  to  the  State  of  Maryland, 
with  security  or  securities  to  be  approved  of  by  the  Governor,  in  the 
penal  sum  of  two  hundred  thousand  dollars,  with  condition  that  the 
said  agent  shall  diligently  and  faithfully  discharge  and  execute  all 
and  singular  the  duties  required  to  be  performed  by  him  under  and 
pursuant  to  such  arrangement,  and  that  he  will  well  and  truly  dis- 
burse, pay  out,  and  account  for  all  moneys  that  may  be  placed  in  his 
hands,  or  deposited  with  him  for  the  payment  of  the  interest  on  the 
public  debt  of  this  State,  according  to  the  terms  of  such  arrangement. 

Security  to  make  Oath  to  Tiis  Property. 
Sec.  22.  Each  security  on  said  bond  shall  make  oath  that  he  is 
bona  fide  worth  over  and  above  his  debts,  not  less  than  some  specific 
sum  to  be  stated  in  said  oath,  which  said  oath  shall  be  endorsed  on 
said  bond,  and  recorded  therewith ;  and  the  Governor  shall  not  ap- 
prove any  bond  of  the  said  agent,  unless  the  sum  or  sums  so  sworn  to 
shall,  in  the  aggregate,  at  least  equal  the  amount  of  the  penalty  there- 
of, and  shall  be  satisfied  of  the  availability  of  such  security. 

Bond  Filed  in  Court  of  Appeals. 
Sec.  23.  The  bond  of  the  said  agent,  when  duly  executed  and  ap- 
proved as  hereinbefore  provided,  shall  be  recorded  in  the  office  of  th« 


216  THE   STATE   TREASURER. 

clerk  of  tlie  Court  of  Appeals,  and  certified  copies  thereof,  under  the 
seal  of  the  said  court,  may  be  used  in  evidence  in  any  court  of  law  in 
this  State. 

Comptroller  and  Treasurer  to  Burn  Coupons  Paid. 

Sec.  24.  The  Comptroller,  together  with  the  Treasurer  of  the  State, 
is  authorized  to  examine,  record  and  burn  all  such  State  coupons  as 
shall  be  ])aid  and  returned  to  tlie  Treasury  by  the  agents  employed  to 
pay  the  interest  on  the  public  deljt,  and  to  make  report  of  their  pro- 
ceedings therein  to  the  Legislature  at  each  session  thereof. 

[Section  25  of  this  Article  is  superseded  by  the  Act  of  1872,  chapter 
276,  relating  to  the  sinking  fund.] 

Agents  to  Transmit  Coupons  Paid  Semi- Annually. 

Sec.  26.  The  agents  employed  to  j^ay  the  interest  upon  the  public 
debt  are  hereby  required  semi-annually  to  transmit  to  the  Treasurer 
of  the  State  all  coupons  they  may  have  paid  up  to  the  time  of  making 
such  transmission. 

Refunding  Money  Paid  tlie  State  in  Error. 

The  Act  of  1868,  chapter  302,  provides  that  if  any  person  or  corpora- 
tion shall  have  paid  the  Collector  of  State  Taxes  any  larger  sum  than 
was  properly  payable,  the  Circuit  Courts  of  the  counties,  or  the  City 
Court  of  Baltimore,  shall  hear  the  matter  upon  petition,  and  if  it  be 
of  opinion  that  said  taxes  were  paid  by  mistake,  it  shall  adjudge  that 
the  collector  return  to  the  petitioner  said  taxes,  which  judgment  may 
be  enforced  by  execution,  &c.  If  said  taxes  have  been  paid  to  the 
Com])troller  or  into  the  State  Treasury,  the  petition  must  be  filed  in 
the  Circuit  Court  of  Anne  Arundel  county,  against  the  Comptroller, 
and  the  Attorney  General  shall  appear  for  him  without  charge ;  if 
judgment  is  against  the  Comptroller,  he  shall  report  the  same  to  the 
General  Assembly,  in  order  that  payment  may  be  provided  for  by  law. 
Either  party  may  appeal  to  the  Court  of  Api)eals,  to  be  heard  at  its 
first  session  thereafter. 

See  "-State  Fi>ihery  Force,''''  for  the  duties  of  the  Comptroller  and 
Treasurer  under  the  Acts  of  1870,  ch.  354,  and  1873,  ch.  243. 


THE    SINKING    FUND. 

The  Act  of  1872,  chapter  276,  j^rovides  as  follows,  in  relation  to  the 
Sinking  Fund: 

Treasurer  to  Cancel  and  Destroy  Bonds. 
Section  1.  The  Treasurer  is  here]:)y  directed,  on  or  before  the  first 
day  of  May  next,  in  the  i)resence  of  the  Governor  and  Comptroller,  to 
cancel  and  destroy  all  the  bonds  and  certificatesof  stock  of  this  State, 
now  lield  in  his  office  to  the  credit  of  the  sinking  fund,  and  all  further 
payment  by  the  State  of  interest  on  said  bonds  or  certificates  aforesaid, 
so  required  to  be  cancelled  and  destroyed,  shall  cease  li:om  and  after 
the  first  day  of  April  next. 


THE   STATE   TREASURER.  217 

To  Make  Out  and  File  a  List  of  Same. 
Sec.  2.  Before  cancel] iiic  and  destroyiny  tlio  said  bonds  and  certi- 
iicatcs  as  alorcsaid,  tlie  Treasurer  be,  and  lie  is  liereby,  authorized  and 
required  to  cause  to  be  made  out  a  list  of  the  said  bonds  and  certifi- 
cates, with  tlie  numbers  and  amounts  of  the  same,  and  the  names  of 
the  persons  to  whom  said  certilicates  are  ])ayable,  and  shall  carefully 
examine  and  compare  the  same,  and  file  the  said  list  in  his  otKce  for 
lJi"eservation. 

Comptroller  to  Set  Apart  $100,000  Yearly  to  the  SmJcing  Fund. 

Sec.  3.  The  Comptroller  shall,  on  the  first  day  of  July  next,  and  on 
the  first  day  of  .July  in  every  subsequent  year,  set  apart  to  the  credit 
of  the  sinking  fund,  the  sum  of  one  liundred  thousand  dollars,  which 
in  addition  to  all  sums  otherwise  accruing  to  the  augmentation  of  the 
sinking  fund,  is  hereby  approjjriated  for  the  ])ur])ose  of  taking  up  the 
existing  debt  of  this  State,  and  the  Comptroller  shall  cause  the  same 
to  be  invested  in  stock  or  bonds  of  this  State,  purchased  at  par  or  less, 
and  said  bonds  after  being  canceled  as  hereinafter  directed,  shall  be 
credited  to  the  sinking  fund,  and  held  by  the  Treasurer,  subject  to  the 
future  action  of  the  General  Assembly. 

Surplus  in  the  Treasury — Preference  to  Overdue  Debt. 

Sec.  4.  Whenever  in  the  judgment  of  the  Comptroller,  there  shall 
be  a  surplus  in  the  treasury  over  and  above  the  amount  necessary  to 
meet  the  current  e^xpenses  of  the  State,  as  provided  by  law,  he  shall 
cause  the  same  to  be  invested  in  the  bonds  or  certificates  of  debt  of 
this  State,  purchased  at  par  or  less  ;  and  in  all  purchases  of  bonds  or 
certificates  hereby  directed  to  Ije  made,  the  Treasurer  shall  give  the 
preference  to  the  overdue  debt  of  the  State,  and  the  Comptroller  and 
Treasurer  may  at  any  time  require  the  said  overdue  debt  or  some  class 
thereof,  which  can  be  regulated  and  accurately  described,  to  be  pre- 
sented at  the  place  where  made  payable  for  payment,  by  giving  not 
less  than  thirty  days'  notice  to  tlie  holders  of  such  overdue  debt,  that 
on  a  day  named  in  said  notice,  interest  on  said  overdue  del:)t,  or  class 
thereof,  wdll  cease,  and  if  said  bonds  or  certificates,  so  overdue  and 
particularly  described  in  said  published  notice,  be  not  presented  for 
payment  by  said  day,  the  payment  of  interest  on  the  same  shall  cease, 
and  no  further  payment  ot  interest  on  the  same  shall  be  made. 

If  Overdue  Bonds  a/re  not  Procurable^  Treasurer  may  Invest. 

Sec.  5.  If  the  overdue  bonds  or  certificates  of  the  State  shall  not  be 
jjrocuraljle  in  sufficient  amounts,  the  Treasurer  may  invest  the  sum  or 
sums  required  by  this  Act  in  any  bonds  or  certificates  of  the  State, 
■which  may  be  offered  for  sale  at  the  best  rates  possible  for  the  State, 
and  all  such  bonds  or  certilicates  maturing  at  some  future  day,  as  may 
be  purchased  in  pursuance  of  this  Act,  shall  be  canceled  by  the  Trea- 
surer in  the  presence  of  the  Comptroller,  by  writing  the  word  "Can- 
celed" across  the  face  of  said  bonds  or  certificates,  with  the  date  of 
said  cancellation  in  red  ink,  and  signing  the  name  of  the  said  Trea- 
surer thereto,  also  in  red  ink  ;  and  said  bonds  or  certificates  shall  then 
be  held  by  the  Treasurer  to  the  credit  of  the  sinking  fund,  and  the  in- 
terest thereon  shall  accrue  to  said  fund  until  such  time  as  the  General 
Assembly  may  dispose  of  the  said  bonds  or  certificates. 


218  THE   STATE   TREASURER. 

Comptroller  to  Draw   Warrant  to  Pay. 
Sec.  6.  The  Comptroller  is  hereby  directed  to  draw  his  warrant  on 
the  Treasurer  for  the  payment  of  the  bonds  or  certificates  so  taken  up 
or  purchased  under  the  provisions  of  this  Act. 

Repealed. 

Sec.  7.  All  laws  or  parts  of  laws  inconsistent  with  this  Act,  are 
hereby  rej^ealed. 

OFFICERS  OF  THE  TREASURY  DEPARTMENT, 
From  its  Reorganization  under  the  Constitution  of  1851. 

Comptrollers. 

Philip  Francis  Thomas,  of  Talbot  County,  from  18th  December, 
1851,  to  20th  April,  1853. 

Henry  E.  Bateman,  of  Talbot  County,  ajipointed  from  20th  April, 
1853,  to  11th  January,  1854. 

AVilliam  Pinkney  Whyte,  of  Baltimore  City,  from  11th  January,  1854, 
to  0th  January,  1856. 

"William  Henry  Pumell,  of  Worcester  County,  from  9th  January, 
1856,  to  8th  May,  1861. 

Dennis  Claude,  of  Annapolis,  appointed  8th  May,  1861,  to  17th 
July,  1861. 

Abrani  Lingan  Jarrett,  of  Harford  County,  from  17tli  July,  1861,  to 
8th  January,  1862. 

Samuel  Snowden  Maffitt,  of  Cecil  County,  from  8th  January,  1862, 
to  loth  January,  1864. 

Henry  Hollyday  Goldsborough,  of  Talbot  County,  from  13th  Janu- 
ary, 1864,  to  26th  November,  1864. 

Robert  J.  Jump,  of  Caroline  County,  from  26th  November,  1864, 
to  January  9th,  1867. 

William  J.  Leonard,  of  Worcester  County,  fi-om  January  9th,  1867, 
to  January  17th,  1870. 

Levin  Woolford,  of  Dorchester  County,  fi-om  January  17tli,  1870. 

Treamrers. 

James  S.  Owens,  of  Anne  Arundel  County,  from  24th  February,  1852, 
to  24th  February,  1854. 

Dennis  Claude,  of  Annapolis,  from  24th  February,  1854,  to  14th 
February,  1860. 

Sprigg  Harwood,  of  Anne  Arundel  County,  fi'om  14th  February, 
1860,  to  4tli  February,  1862. 

Robert  Fowler,  of  Baltimore  County,  from  4th  February,  1862,  to 
February  10th, 1870. 

John  Merrvmun,  of  Baltimore  County,  fi-om  February  10th,  1870,  to 
February  10th,  1872. 

John  W.  Davis,  of  Baltimore  City,  from  February  10th,  1872, 


SUNDRY  OFFICERS  UNDER  THE  CONSTITUTION. 
Constitution. — Article  YII. 

The  provisions  relating  to  the  following  officers,  are  published  in  the 
order  in  which  they  appear  in  the  Constitution  ;  with  the  exception 
of  "The  County  Conuuissioners,"  which  is  given  under  the  heading 
of  "The  County  Officers." 


THE     STATE    LIBRARIAN. 
Constitution. — Article  VII,  Section  3. 

The  State  Librarian  is  apiwintcd  under  the  Constitution,  Article  7, 
Section  3,  as  follows : 

Librarian  Appointed  hy  the  Governor. 
Sec.  3.  The  State  Librarian  shall  be  appointed  by  the  Governor  by 
and  with  the  advice  and  consent  of  the  Senate,  and  shall  hold  his  of- 
fice during  the  term  of  Governor,  by  whom  he  shall  have  been  ap- 
pointed, and  until  his  successor  shall  be  appointed  and  qualified. 
His  salary  shall  be  fifteen  hundred  dollars  a  year,  and  he  shall  perform 
such  duties  as  are  now,  or  may  hereafter  be  prescribed  by  law,  and  no 
appro])riation  shall  be  made  by  law,  to  pay  for  any  clerk,  or  assistant  to 
the  Librarian ;  and  it  shall  be  the  duty  of  the  Legislature,  at  its  first 
session  after  the  adoj^tion  of  this  Constitution,  to  pass  a  law  regulating 
the  mode  and  manner  in  which  the  books  in  the  library  shall  be  kept 
and  accounted  for  by  the  Librarian,  rpquiring  the  Librarian  to  give  a 
bond,  in  such  penalty  as  the  Legislature  may  prescribe,  for  the  proper 
discharge  of  his  duties. 

Lec/islatine  Committee  to  Examine  Contracts^  Accounts,  &e. 
By  Const.,  Art.  3,  Sec.  24,  the  joint  standing  committee  of  the  Sen- 
ate and  House  is  to  examine  the  jjurchases  and  expenditures  for  the 
liltrary  and  report  thereon. 

Term  of  Office. 
By  Const.,  Art.  15,  Sec.  9,  it  is  provided  that  the  term  of  office  of 
the  State  Librarian  shall  commence  from  the  time  of  his  appointment. 


DUTIES  OF  LIBKARIAN  UNDER  THE  GENERAL  LAWS. 
The  duties  of  the  State  Librarian  under  the  General  Laws  are  pre- 
scribed by  Article  55,  as  follows ; 

Oath  of  Office. 

Sec.  1.  The  State  Librarian  shall  take  and  subscribe  before   the 
Governor,  the  oaths  prescribed  by  the  Constitution. 


220  THE   STATE   LIBKARIAN. 

To  give  Bond,  &g. 

Sec.  2.  He  shall  give  bond  to  tlie  State  of  Manland,  in  such  sum 
and  with  such  security,  as  the  committees  of  the  Senate  and  House  of 
Delegates  on  the  library,  approved,  for  the  safe  keeping  of  the  books, 
maps,  documents  and  furniture  of  the  library,  and  for  the  faithful  dis- 
charcre  of  his  trust,  acconling  to  such  regulations  as  shall  from  time  to 
time  be  established  as  herein  directed  ;  which  bond  shall  be  dejiosited 
in  the  Executive  chamber. 

Governor  to  Fill   Vatancy. 
Sec.  3.  In  case  of  the  death,  disqualification,  resignation  or  remov- 
al from  the  State,  of  the  Librarian  during  the  recess  of  the  General 
Assembly,  the  Governor  shall  fill  the  vacancy. 

The  State  Library  Rooms. 

Sec.  4.  The  State  Library  shall  be  kept  in  that  part  of  the  State 
house  heretofore  assigned  and  used  for  the  purpose. 

WTio  may   Take  Out  BooJcs. 
Sec.  5.  The  Librarian  shall  no+  allow  any  book,  map  or  document, 
to  be  taken  out  of  said  liljrary,  except  by  the  Executive,  the  members 
of  the  General  Assembly,  and  the  Judges  of  the  Court  of  Appeals. 

To  have  Journals  and  Documents  Bound — How  Distributed.. 

Sec.  6.  He  shall  have  bound,  the  laws,  journals  and  documents  of 
the  General  Assembly,  and  shall  distribute  and  forward  the  same, 
when  bound,  under  the  direction  of  the  Governor,  to  the  persons  en- 
titled by  law  to  receive  the  same,  that  is  to  say : 

To  the  Governor  one  copy  of  each. 

To  the  Comptroller,  Treasurer  «nd  Commissioner  of  the  Land  Office, 
and  Superintendent  of  Labor  and  Agriculture,  each,  one  copy  of  the 
Laws. 

To  the  Court  of  Appeals,  one  copy  of  the  Laws  for  the  office  of  the 
Clerk,  and  one  copy  for  each  Judge. 

To  the  library  of  Congress,  two  coj^ies  of  Laws,  Journals  and  Docu- 
ments. 

To  the  Executive  Department  of  each  State  and  Territory  of  the 
Union,  one  copy  of  the  laws,  documents  and  journals. 

To  the  Directors  of  the  Penitentiary,  one  copy  of  the  Laws. 

To  the  Mayor  and  City  Council  of  the  city  of  Baltimore,  two  copies 
of  the  Laws. 

To  the  Chief  Judge  and  each  of  the  Associate  Judges  of  the  Su- 
preme Bench  of  Baltimore  city,  one  copy  of  the  Laws. 

To  the  Clerks  of  the  SujDerior  Court,  Court  of  Common  Pleas,  Cir- 
cuit Court,  Criminal  Court,  and  City  Court,  e-ich,  one  co])y  of  the 
Laws,  and  three  copies  of  the  Joiu-nals  and  Documents  for  tlie  insijec- 
tion  of  the  citizens. 

To  the  Register  of  AVills  of  Baltimore  city,  one  copy  of  the  Laws. 

To  each  Judge  of  the  Orphans'  Court,  one  cojjy  of  the  Laws,  and 
one  cojiy  for  the  office. 

To  each  Justice  of  the  Peace,  in  and  for  Baltimore  city,  one  copy  of 
the  Laws. 

To  the  Clerks  of  the  Circuit  Courts  in  the  several  counties,  one  copy 
of  the  Laws  for  office  use,  and  three  copies  of  the  journals  and  docu- 
ments for  the  inspection  of  the  citizens. 


THE    STATE    LIBUAKIAN.  221 

To  each  of  the  Associate  Judges  of  the  several  circuits,  except  the 
eighth  circuit,  one  copy  of  the  Laws. 

One  copy  of  the  Laws,  Journals  and  Documents,  for  each  member 
of  the  General  Assembly. 

One  cojjy  for  the  otHce  of  the  County  Commissioners. 

One  copy  for  each  Judge  of  the  Or])hans'  Court. 

One  copy  for  each  Justice  of  the  Peace,  in  and  for  their  respective 
counties :  the  said  copies  to  be  delivered  bv  the  Clerks  of  the  Circuit 
Courts  and  the  Clerk  of  the  City  Court  of  Baltimore  city.— 1868,  ch.  387. 
Remaining  Copies,  How  Dixjjosed  of 

Sec.  7.  The  remaining  copies  of  the  Laws,  Journals  and  Documents, 
shall  be  suliject  to  the  disposition  of  the  Committee  appointed  by  the 
17th  section  of  the  Act  of  1870,  chapter  272. 

May  Furnish  Surplus  Copies  to  PuUic  Libraries. 
Sec.  8.  The  Librarian  shall  deliver  to  each  public  circulating  library 
or  library  association,  which  may  make  a))])lication  therefor,  one  copy 
of  the  Laws,  Journals  and  Documents;  Provided,  that  there  be  at  the 
time  of  the  application,  more  than  fifty  copies  of  the  volume  applied 
for  in  the  Library. 

The  Maryland  Reports — How  Di-ntributed. 
Sec.  9.  The  Maryland  Reports  shall  be  distributed  by  the  Librarian, 
in  the  following  manner,  that  is  to  say: 

To  the  Court  of  Appeals,  two  copies  for  the  othce,  and  one  for  each 
of  the  Judges  thereof 

To  each  of  the  Associate  Judges  of  the  Circuit  Courts  of  the  seve- 
ral counties,  to  the  Chief  Judge  and  the  Associate  Judges  of  the 
Court  of  the  Supreme  Bench  of  Baltimore  city,  one  copy  each  for  the 
use  of  their  respective  offices. 

To  the  Clerks  of  the  Circuit  Courts  for  the  several  counties,  and  of 
Baltimore  city  ;  and  the  Clerk  of  the  Superior  Court  of  Baltimore 
city,  the  Clerk  of  the  Court  of  Common  Pleas,  the  Clerk  of  the  City 
Court  of  Baltimore,  and  the  Clerk  of  the  Criminal  Court  of  Baltimore, 
one  copy  each. 

To  the  Registers  of  Wills,  throughout  the  State,  for  the  use  of  the 
Registers  of  Wills  and  Orphans'  Court,  one  copy. 

To  the  Commissioner  of  the  Land  Office,  one  copy. 

To  the  Executive  Chamber,  one  coy\. 

To  the  Superintendent  of  Labor  and  Agriculture,  one  copy. 

To  the  Library  of  Congress,  two  copies. 

To  the  General  Assembly,  eight  copies. 

To  the  Executive  Department  of  each  State  in  the  Union,  one 
copy. — 1868,  ch.  'iHl. 

Rules  and  Regvlotions  for  Seenrity  of  Public  Buildings. 

Sec.  15.  The  Librarian  shall  prepare  a  system  of  rules  and  regula- 
lations  for  the  more  efl'ectual  ser-urity  of  the  public  buildings  within 
the  State  house  circle,  and  for  the  government  of  the  watch  when  on 
duty  ;  and  the  watchman,  when  on  duty,  shall  execute  the  same,  on 
pain  of  removal  from  office  for  neglect  of  duty. 

Permanent  Library  Committee — Their  Duties. 
Sec.  17.  The  Hon.  George  Brent,  Associate  Judge  of  the  Court  of 
Appeals,  J.  Shaff  Stockett,  State  Reporter,  and  Arthur  W.  Machen,  of 


223  THE   STATE  LIBRARIAN. 

Baltimore,  be  and  they  are  hereby  appointed  a  Committee,  to  serve 
without  compensation,  with  full  power  and  authority  to  examine  into 
tlie  condition  of  the  State  Library,  and  to  select  some  competent  per- 
son to  prepare,  under  their  direction  and  supervision,  a  catalogue  of 
the  books,  maps,  &c.,  beloncjing  to  said  Library,  and  to  have  two 
iiundred  copies  of  the  same  printed;  and  the  person  selected  to  jjre- 
pare  such  catalogue,  sliall  also  prejDare  a  list  of  such  books  as  may  be 
properly  removed  from  the  Library  room,  and  stowed  elsewhere  in 
some  safe  and  convenient  place,  and  also  such  others  as  in  his  judg- 
ment as  may  be  advantageously  disj^osed  of  by  sale  or  otherwise, 
which  disposition  the  Committee  is  hereby  authorized  to  make,  as 
may  be  deemed  by  them  most  expedient ;  should  such  books,  how- 
ever, be  sold,  the  proceeds  arising  therefrom,  shall  be  expended  in  the 
purchase  of  othc  r  books,  to  be  selected  by  the  Committee,  for  the  incre;ise 
of  the  Library,  and  the  Committee  shall  purchase,  from  time  to  time, 
such  books  and  maps,  for  the  augmentation  of  the  Library,  as  in  their 
judgment  may  be  deemed  advisable,  and  they  shall  have  the  Library 
room  refurnished  and  refitted  ;  and  the  sum  of  three  thousand  dollars 
is  herel»y  ai)propriated  to  defray  the  expenses  of  carrying  out  the  pro- 
visions of  this  section,  and  the  said  Committee,  or  a  majority  of  its 
members,  may  draw  on  the  Treasurer,  from  time  to  time,  for  such  sums 
as  may  be  necessary,  not  to  exceed  the  appropriation  hereby  made, 
ttnd  the  sum  of  five  hundred  dollars  shall  be  appropriated  annually, 
lor  the  purchase  of  books  and  maps,  for  the  augmentation  of  the  Li- 
bray,  to  be  expended  under  the  direction  of  said  Committee. — 1870, 
ch.  273. 

Committee  to  Establish  Bides  for  Library — Court  of  Appeals  to 
Fill  Vacancies  in  Committee. 

Sec.  18.  The  said  Committee  shall  establish  such  rules  and  regula- 
tions reliitive  to  the  State  Library,  as  to  them  may  seem  proper,  and 
may  alter  and  amend  the  same,  from  time  to  time ;  Provided,  such 
rules  and  regulations  be  not  inconsistent  with  laAv.  And  in  event  of 
a  vacancy  occurring  in  said  Committee,  by  resignation  or  otherwise, 
the  same  shall  be  immediately  notitied  by  the  remaining  members  to 
the  Court  of  Appeals  of  Maryland,  who  are  hereby  authorized  and  re- 
quired to  fill  said  vacancy  forthwith. — 1870,  ch.  273. 
Limiting  Stationery  Furnished  Members. 

It  shall  not  be  lawful  for  the  State  Librarian  to  furnish  any  mem- 
ber or  officer  of  the  General  Assembly  an  amount  of  stationery  to  ex- 
ceed twenty-five  dollars  ;  and  that  any  member  or  officer  may,  at  elec- 
tion, take  said  amount  either  in  stationery  or  money  or  both,  to  said 
amount.— 1808,  ch.  70. 

The  Peabody  Institute. 

The  Librarian  is  to  send  to  the  Peabody  Institute  of  Baltimore  city, 
a  copy  of  every  volume  of  the  laws,  journals,  reports,  and  other  pub- 
lications of  the  State,  of  which  there  are  dui)licates  in  the  Lil)rary,  and 
to  continue  to  suj^ply  the  same  to  said  Institute  hereafter. — 1872,  ch.  444. 

Note. — See  case  of  Silver  vs.  Magruder,  decided  by  Court  of  Ap- 
l)cals,  in  1870,  as  to  term  of  Librarian,  and  power  of  appointment  by 
Governor ;  also,  5  Md.  423.— 1856,  ch.  314. 


THE   COMMISSIONER  OP  THE  LAND  OFFICE, 

Constitution,  Article  VII,  Sections  4  and  5. 

The  duties  of  the  Commissioner  of  the  Land  Office,  under  the  Con- 
stitution, Article  7,  Section  4,  are  as  follows  : 

Appointed  hy  the  Governor — His  Duties — His  Salary,  $1500 — 
to  Bejx/rt  His  Fees  Semi-Annually. 
Sec.  4.  There  shall  be  a  Commissioner  of  the  Land  Office,  who  shall 
be  ap)>ointed  by  the  Governor,  by  and  with  the  advice  and  consent  of 
the  Senate,  who  shall  hold  his  office  during  the  term  of  the  Governor, 
by  whom  he  shall  have  been  appointed,  and  until  his  successor  shall 
be  appointed  and  qualified.  He  shall  perform  such  duties  as  are  now 
required  of  the  Commissioner  of  the  Land  Office,  or  such  as  may  here- 
after 1)6  prescribed  by  law,  and  shall  also  be  the  keeper  of  the  chan- 
'cery  records.  He  shall  receive  a  salary  of  one  thousand  five  hundred 
dollars  per  annum,  to  be  paid  out  of  the  Treasury,  and  shall  charge 
such  fees  as  are  now,  or  may  be  hereafter  fixed  by  law.  He  shall  make 
a  semi-annual  report  of  all  the  fees  of  his  office,  both  as  Commissioner 
of  the  Land  Office,  and  as  keeper  of  the  chancery  records,  to  the  Comp- 
troller of  the  Treasury,  and  shall  pay  the  same  semi-annually  into  the 
Treasury. 

To  Collect  and  Chssify  all  State  Papers. 

Sec.  5.  The  Commissioner  of  the  Land  Office  shall  also,  without  ad- 
ditional compensation,  collect,  arrange,  classify,  have  charge  of,  and 
•safely  keep  all  pa]>ers,  records,  relics,  and  other  memorials  connected 
with  the  early  history  of  Maryland,  not  belonging  to  any  other  office. 

To  Notify  tTie  Attorney  General. 
Constitution,  Art.  5,  Sec.  6.  It  shall  be  the  duty  of  the  Commis- 
sioner of  the  Land  Office,  whenever  a  case  shall  be  brought  into  said 
(•ourt,  in  which  the  State  is  a  party  or  has  interest,  immediately  to 
notify  the  Attorney  General  thereof 

[The  office  of  Commissioner  of  the  Land  Office  was  created  by  the 
Constitution  of  18oL  The  duties  of  the  office  had  jjreviously  been 
fulfilled  by  the  Chancellor  of  the  State,  who  acted  as  .Judge  of  the 
Land  Oflice,  and  as  register  and  examiner  general,  which  three  offices 
are  now  consolidated  in  one  office.] 


DUTIES   OF   THE   COMMISSIONER   OF   THE   LAND 
OFFICE,   UNDER   THE   GENERAL   LAWS. 
The  duties,  &c.  of  the  Commissioner  of  the  Land  Office,  are  pre- 
scribed by  Article  54,  of  the  Public  General  Laws,  as  follows: 

The  Office  a  Court  of  Record. 
Section  1.  The  Commissioner  of  the  Land  Office  is  hereby  declared 
to  be  a  Court  of  Record,  with  the  same  power  to  preserve  order,  pun- 
ish contempts,  and  enforce  obedience  to  his  orders  and  adjudications 
as  are  possessed  by  anv  other  Court  of  Record. 
15  ' 


334  THE   COMMISSIONER   OF   THE   LAND    OFFICE. 

May  Summon  Witnesses. 
Sec.  2.  The  snid  Commissioner  may  issue  summons  for  witnesses  to 
testily  in  cases  pending  beibre  him,  and  may  comjDel  their  attendance, 
and  may  order  depositions  to  be  taken  in  writing  on  reasonable  notice 
to  the  opposite  party  to  be  used  in  such  cases. 

To  Keep -a  Docket  of  Disputed  Cases. 
Sec.  3.  He  shall  keep  a  docket  in  the  form  of  the  dockets  used  in 
the  Courts  of  Equity,  of  all  disputed  cases  aflfecting  the  title  to  land, 
transcripts  of  which  shall  be  evidence  of  the  proceedings  thereon. 

All  Papers  Filed  to  ie  Recorded. 
Sec.  4.  All  papers  filed  in  disputed  cases  affecting  the  title  to  lands 
shall,  with  the  proceedings,  adjudications  and  orders  of  the  Commis- 
sioner of  the  Land  Office,  be  duly  recorded. 

Fees  the  Same  as  Clerhs  of  Courts. 

Sec.  5.  The  Commissioner  of  the  Land  Office  shall  be  entitled  to  the 
same  fees  for  recording  such  papers  and  proceedings  as  the  Clerks  of 
Circuit  Courts  are  for  similar  services. 

To  Keep  a  Seal. 

Sec.  6.  He  shall  keep  a  seal,  and  all  process  relating  to  proceedings 
in  the  Land  Office,  shall  issue  under  the  seal  of  the  Land  Office,  at- 
tested by  the  Commissioner. 

Bond  $2000. 

Sec.  7.  He  shall  give  bond  to  the  State  of  Maryland,  with  security 
to  be  approved  by  the  Governor,  and  kept  in  the  State  Deparment,  in 
the  penalty  of  two  thousand  dollars,  for  the  faithful  performance  of  the 
duties  of  his  office. 

To  Account  Semi- Annually  for  Receipts. 

Sec.  8.  All  moneys  payable  to  the  State  on  account  of  the  public 
lands,  shall  be  paid  to  the  Commissioner  of  the  Land  Office,  whose 
receipts  therefor  shall  be  a  good  acquittance  to  the  party  paying  the 
same;  and  the  said  Commissioner  shall  keep  an  account  of  all  such 
payments  in  a  book  kept  for  the  purpose,  and  shall  account  semi- 
annually, with  the  Comptroller,  on  oath,  and  pay  over  to  the  Treasurer 
all  such  moneys  so  received,  first  deducting  therefrom  twenty-five  per 
centum  as  a  compensation  for  his  trouble. 

To  Record  Certificates  and  Issue  Patents. 

Sec.  9.  He  shall  record  all  certificates  that  may  be  returned  to  the 
Land  Office,  and  issue  patents  thereon  as  soon  as  they  are  ready  for 
patents. 

British  Conf seated  Lands. 

Sec.  10.  Upon  application  in  writing  of  any  person  claiming  to  be 
entitled  to  any  of  the  British  confiscated  lands,  sold  by  the  commis- 
sioners appointed  under  the  authority  of  this  State  to  preserve  and 
sell  British  coiitiscated  pro])erty,  the  title  to  which  still  remain  in  the 
State,  and  praying  that  title  tliereto  may  be  granted  to  him,  and  upon 
satisfactory  proof  submitted  to  the  Commissioner  of  the  Land  Office, 
that  such  applicant  is  entitled  to  receive  title  thereto,  the  said  Com- 
missioner sliall  issue  a  patent  for  such  land  to  the  pei'son  appearing  to 
him  to  be  entitled  thereto. 


THE    COMMISSIONICU    OF   THE    I,AND    OFFICE.  325 

Applications  for  Patents  to  be  Advertised. 

Pkc.  11.  Before  issuinsj  any  pivtont  under  the  prei^edinfj  section,  the 
cakl  Commissioner  shall  t)r(ler  the  i)arty  ap))l.ving  therefor  to  cause  to 
be  inserted  in  one  or  more  newspapers  puljlished  in  the  county  or 
city  where  the  hind  lies,  if  there  be  a  newspaper  published  therein,  at 
least  once  a  week  for  three  successive  weeks,  an  advertisement  settiuji 
forth  the  object  of  the  application  and  describing  therein,  by  metes 
and  bounds  and  such  other  description  of  the  land  for  which  the  pat- 
ent is  sought,  so  that  the  land  may  be  known,  and  also  particularly 
describing  the  claim  of  the  ajiplicant  for  such  patent,  and  containing 
a  notification  of  the  day  and  liour  on  which  the  applicant  will  ajjply 
to  the  Commissioner  to  issue  such  patent,  which  day  shall  be  at  least 
sixty  days  from  the  day  of  filing  the  application,  and  warning  all  par- 
ties interested  to  appear  before  said  Commissioner  on  the  day  and 
hour  therein  designated  to  show  cause,  if  any  they  have,  why  such 
patent  shouhl  not  be  issued. 

*  Objections  to  he  Filed  in   Writing. 

Sec.  12.  If  no  person  appears  to  contest  the  said  application  on  the 
day  so  appointed,  a  patent  ?hall  issue  to  tlie  applicant,  but  if  opposi- 
tion be  made  to  tlie  issue  of  such  ])atent,  the  party  or  parties  making 
such  opposition  shall,  by  a  day  to  be  designated  by  the  Commissioner 
of  the  Land  Office,  not  exceeding  thirty  days,  file  in  the  Land  Office 
their  objections  in  writing  to  the  issue  of  said  patent. 

To  Hear  the  Case  Ex  Parte  if  Parties  Do  Not  Appear. 

Sec.  13.  The  said  Commissioner  shall  fix  some  day,  not  less  than 
ten  nor  more  tlian  twenty  (hiys  after  the  objections  arc  filed,  to  hear 
such  application,  and  shall  tl-.en  hear  the  respective  parties  if  they  ap- 
pear before  him.  and  if  not.  lie  sliall  proceed  to  determine  ex  parte  tlu^ 
rights  of  the  ])arties  claiming  to  be  interested,  and  shall  within  thirty 
days  after  such  hearing  decide  in  favor  of,  or  reject,  the  application, 
as  to  him  shall  seem  right  and  proper,  filing  his  reasons  therefor  in 
writing. 

To  Determine  Validity  of  Sui'veys,  <&c. 

Sec.  14.  The  said  Commissioners  shall  have  full  power  and  author- 
ity to  hear  and  determine  all  disputes  which  may  arise  concerning 
the  validity  of  surveys  made  under  warrants  or  orders  issued  by  him; 
and  also  all  disputes  concerning  the  issuing  of  patents,  and  in  all  dis- 
putes that  come  before  him  he  shall  have  full  power  to  decree  there- 
on according  to  equity  and  good  conscience,  and  the  principles  estab- 
lished in  Courts  of  Equity. 

If  Interested.!  Another  Person  to  Hea/r  the  Case. 

Sec.  15.  In  any  matter  pending  in  the  Land  Office  in  which  the 
Commissioner  for  the  time  being  may  have  been  counsel,  may  be  in- 
terested or  related  to  the  parties,  and  on  that  account  incompetent  to 
act,  he  shall  certify  the  same  in  writing  to  the  .Judge  of  the  Second 
Judicial  District,  who  shall  thereupon  hear  and  decide  such  case,  or 
appoint  some  person  to  do  so,  which  decision  shall  have  the  same  ef- 
fect and  be  liable  to  the  same  incidents  as  the  decision  of  the  Com- 
missioner of  the  Land  Office. 


226  THE   COMMISSIONER   OP   THE    LAND   OFFICE. 

Va-mnt  Land  may  he  Taken  Up,  &c. 
Sec.  16.  Any  vacant  land,  whether  cultivated  or  uncultivated,  and 
any  land  which  has  escheated  by  i  eason  of  the  last  owner  in  fee  sim- 
ple dying  intestate  thereof,  anci  without  heirs,  may  be  taken  up  by 
any  person  not  an  alien,  by  complying  with  the  provisions  herein 
contained. 

How  to   Take   Up  Escheated  Lands. 

Sec.  17.  Any  person  desiring  to  take  up  vacant  land  or  lands  which 
have  escheatecl,  sViall  obtain  a  warrant  from  the  Commissioner  of  the 
Land  Office,  directed  to  the  Surveyor  of  the  county  where  the  land 
lies,  requiring  him  to  survey  the  same,  and  return  a  certificate  of  sur- 
vey to  the  Land  Office  within  one  year  from  the  date  of  the  warrant, 
and  such  warrant  may  be  in  the  form  heretofore  used  in  the  Land  Of- 
fice, and  may  be  either  a  common  warrant,  a  special  warrant,  a  war- 
rant of  resurvey,  a  proclamation  warrant  or  an  escheat  warrant,  which- 
ever may  be  suited  to  the  case  of  the  party  applying  for  the  same. — 
1861,  ch.  3. 

Wan-ants  of  Survey. 

Sec.  18.  If  the  vacant  land  or  lands  which  has  escheated,  lies  part- 
ly in  one  county  and  partly  in  another  the  warrants  to  survey  the 
same  may  be  directed  to  and  executed  by  the  Surveyor  of  either 
county. 

Hoi^o  to  Obtain  a  Common   Warrant. 

Sec.  19.  Any  person  may  obtain  a  common  warrant,  special  war- 
rant or  proclamation  warrant,  by  applying  to  the  Commissioner  of  the 
Land  Office,  and  paying  him,  (unless  the  land  lies  in  Allegany  or 
Washington  counties,)  the  sum  of  twenty-five  cents  per  acre  for  each 
acre  mentioned  in  such  warrant  and  if  the  land  lies  in  Allegany 
county,  the  sum  often  cents  per  acre,  and  if  the  land  lies  in  Washing- 
ton county,  the  sum  of  twelve  and  a  half  cents  per  acre. — 1861,  ch.  3. 

Way-rants  of  Resurvey. 

Sec.  20.  Any  person  being  the  owner  in  fee  simple  of  any  lands, 
may  obtain,  by  ai)pIication  to  the  Commissioner  of  the  Land  Office,  a 
warrant  of  resurvey.  to  resurvey  said  land,  whether  the  same  consist 
f<f  onp  or  several  tracts,  or  j)arts  of  tracts,  and  add  any  contiguous 
vacancy  thereto. 

Persons  Not  Desiring  to  Add   Contiguovs  Ya/^ancy. 

Sec.  21.  Any  person  entitled  to  lands  in  fee  simple,  and  being  in 
possession  thereof  and  not  desiring  to  add  contiguous  vacancy,  may 
tibtain  a  warrant  of  resiuwey  from  the  Land  Office,  and  it  shall  not  be 
necessary  in  such  warrant,  to  state  the  name  of  the  tract  or  tracts  of 
land  to  be  resurveyed,  and  the  Surveyor  of  the  county,  to  whom  such 
warrant  shall  be  directed,  shall  survey  the  lands  to  be  effected  there- 
by, according  to  the  possession  and  holding  of  the  person  obtaining 
such  warrant  or  those  under  whom  he  claims  for  the  last  twenty  years, 
and  shall  take  proof  of  such  jiossession  and  holding. 

Surveyor  to  give  Reawnahle  Notice. 

Sec.  22.  The  Surveyor,  before  he  executes  any  warrant  issued  under 

the  preceding  section,  shall  give  reasonal)le  notice  to  the  owners  and 

occupiers  of  all  the  adjacent  kuuls,  if  the  same  be  occupied,  if  the 

owners  reside  in  the  county  where  the  lands  lie,  and  if  the  adjacent 


\ 


THE   COMMISSIONEll   OF   THE   LAND   OFFICE.  227 

lands  be  occupied  or  unoccupied,  and  the  owners  do  not  reside  in  the 
county,  the  Surveyor  shall  give  notice  of  the  time  he  will  execute  such 
warrant,  bv  advertisement  in  some  daily  newspaper  published  in  the 
city  of  Baltimore,  not  less  than  six  times,  and  the  tirst  publication  to 
be  at  least  two  months  before  the  execution  of  such  warrant. 
Relating  to  Lands  liemiteiied. 

Sec.  23.  The  Surveyor  shall  return  to  the  Land  Office,  within  one 
year  from  the  date  of  such  warrant,  a  certificate  of  survey  and  plot, 
together  with  the  depositions,  relating  to  the  possession  and  ocrui)iin- 
cy  of  the  lands  resurveyed,  and  proof  of  the  notice,  by  publication  or 
otherwise,  given  to  the  owners  or  occupiers  of  the  adjacent  lands,  and 
upon  the  return  of  such  certificate  and  proofs,  if  no  caveat  or  objection 
be  made  within  six  montlis  after  such  return,  the  Commissioner  of  the 
Land  Office  shall  issue  a  patent  thereon  to  the  person,  or  his  heii's  or 
assigns,  who  obtained  such  warrant  of  resurvey. 

Escheat  Warrants. 

Sec.  24.  Any  person  may  obtain  an  escheat  warrant  by  application 
to  the  Commissioner  of  the  Laud  Office,  unless  some  other  person  has 
obtained  or  is  entitled  to  a  warrant  aflecting  the  land. 

No  Escheat   Warrant  Renewed  after  One  Year. 
Sec.  25.  Every  escheat  warrant  shall  be  executed  within  twelve 
months,  and  no  escheat  warrant  shall  be  renewed  after  one  year  from 
its  date. 

Warrant  to  Surtey   Vacant  or  Escheat  Land. 

Sec.  26.  Every  person  who  has  obtained  a  warrant  to  stirvey  vacant 
or  escheat  land,  shall,  within  one  year  from  the  date  of  such  warrant, 
pay  for  the  land  included  in  the  certificate  of  survey,  at  the  following 
rates :  for  vacant  land  not  in  Allegany  or  Washington  counties,  fifty 
cents  per  acre,  and  if  in  Allegany  county,  twenty  cents  per  acre,  and 
if  in  Washington  county,  twenty-five  cents  per  acre,  and  shall  in  ad- 
dition pay  the  value  of  any  improvements  there  may  be  on  any  su^h 
vacant  land,  (but  there  shall  be  deducted  from  the  purchase  money 
aforesaid,  the  sum  which  the  party  paid  upon  obtaining  the  warrant,) 
and  for  land  which  has  escheated  two-thirds  of  the  real  value  of  the 
same.  If  any  person  shall  fiiil  to  pay  within  one  year,  as  required  by 
the  preceding  sections,  the  land  may  be  taken  up  by  any  other  person 
under  a  proclamation  warrant  or  escheat  warrant,  as  the  case  may 
be.— 1861,  ch.  3. 

First  Applicant  to  Receive   Wcvrrant. 

Sec.  27.  The  person  who  first  a])plies  to  the  Commissioner  of  the 
Land  Office,  for  a  warrant  during  business  hours,  shall  be  entitled  to 
the  same  upon  paying  the  usual  fees  and  caution  money. — Ibid. 

Surveyor  to  Certify  to  Value  of  Lands.,  &c. 
Sec.  28.  The  value  of  all  escheat  lands,  and  the  improvements 
thereon,  and  the  real  value  of  any  improvements  upon  vacant  land, 
shall  be  returned  and  certified  to  by  the  Surveyor,  on  oath,  at  the  time 
of  returning  his  certificate  of  survey,  and  the  Commissioner  of  the 
Land  Ofiice  shall  finally  ascerta'm  the  value  of  such  land  and  improve- 
ments, and  receive  the  money  ll.cicfbr  from  the  party,  but  the  omis- 
sion by  the  Surveyor  to  return  such  valuation  shall  in  no  case  be  a 
cause  of  caveat. 


228  THE    COMMISSIO>fER    OF    THE    LAND    OFFICE. 

Certificates  of  Survey  to  te  Returned  icitJdn  One   Year. 

Sec.  2fi.  Every  certificate  of  survey  shall  be  returned  to  the  Land 
Office  witliin  one  year  from  the  date  of  the  warrant,  but  a  warrant 
may  be  renewed  within  a  year  Irom  its  date,  Ijut  not  to  affect  the 
rights  which  any  other  person  may  have  acquired  in  the  meantime ; 
this  not  to  apply  to  escheat  w^arrants. — 1861,  ch.  3. 
Certificates  of  Survey  Recorded. 

Sec.  30.  All  certificates  of  survey  returned  under  this  article,  shall 
be  examined  by  the  Commissioner  of  the  Land  Office,  and,  if  found  to 
be  correct,  shall  be  by  him  recorded;  and,  if  found  to  be  incorrect,  he 
shall  return  them  to  the  Surveyor  returning  the  same,  or  to  some  other 
Surveyor,  as  he  may  order  and  direct,  ordering  such  Surveyor  to  cor- 
rect such  certificate,  and  a  corrected  certificate  shall  be  returned  to 
the  Land  Office  within  one  year  from  the  date  of  such  order. 

When  a  Person  is  Entitled  to  a  Patent. 

Sec.  31.  If  a  certificate  of  survey  sliall  be  returned  within  the  time 
herein  prescribed,  and  shall  be  found  to  be  correct,  and  the  whole  com- 
position or  purchase  money  has  been  j^aid,  and  such  certificate  has 
laid  six  months  in  the  Land  Office,  and  no  caveat  has  been  entered 
thereto,  the  person  having  such  certificate  returned,  his  assignee,  de- 
visee or  lieirs,  shall  be  entitled  to  a  patent  thereon ;  or,  if  the  certifi- 
cate is  released  by  adj"dication  or  by  the  operation  of  law  from  the 
efiect  of  the  caveat,  a  patent  shall  issue  thereon  as  if  no  caveat  had  been 
filed. 

Caveats  to  he  Heard  within  Ticehe  Months. 

Sec.  32.  Every  caveat  shall  be  heard  and  determined  by  the  Com- 
missioner of  the  Land  Office,  within  twelve  months  from  the  entering 
of  the  same,  unless  he  shall,  under  special  circumstances,  give  further 
time  to  the  p.irties. 

Commissioner  to  Award  Costs,  d:c. 

Sec.  83.  The  Commissioner  of  the  Land  Office  shall  have  full  jDower 
at  his  discretion  to  award  costs  to  the  party  prevailing,  on  the  de- 
cision of  any  caveat. 

Patents  to  he  Signed  hy  the  Governor. 
Sec.  34.  All  patents  shall  be  signed  by  the  Governor,  and  have  af- 
fixed thereto  the  Great  Seal  of  the  State ;  and  the  Governor,  on  the 
presentation  to  him  of  a  patent  by  the  Commissi<mer  of  the  Land 
Office,  certified  by  the  said  Commissioner,  as  proper  to  be  issued,  shall 
be  authorized  to  sign  such  patent  and  to  cause  the  Great  Seal  to  be 
affixed  thereto. 

To  Regul-ate  the   Conduct  of  Surveyors. 

Sec.  35.  The  Commissioner  of  the  Land  Oflice  nuiy  prescribe  rules 
to  regulate  the  conduct  of  Surveyors  in  making  surveys  and  returning 
certificates  and  plats,  and  he  shall  in  all  things  regulate  his  proceed- 
ings by  the  usages  and  principles  which  have  heretufure  been  estab- 
lisiied  by  the  practice  of  the  Land  Office,  not  inconsistent  with  this 
article  or  the  principles  of  equity. 

Patents  Granted  hefore  Divisional  Line  teas  Fixed. 
Sec.  36.  Any  person  holding  lands  and  being  in  actu:d  possession 
thereof,  in  this  State,  under  a  warrant  and  survey,  or  under  a  patent 


THE   COMMISSIONER   OP  THE   LAND   OFFICE.  239 

ffrantcfl  by  the  government  of  Pennsylvania  before  the  divisional  line 

hetv/een  the  two  States  was  fixed,  shall  be  entitled  to  receive  a  patent 
for  such  laiKl  from  the  proper  authorities  of  this  State. 

Owners  of  Land  Entitled  to  Cei-tain  Accretions. 

Sf.o.  37.  The  proprietor  of  land  bounding  on  any  of  the  navigable 
waters  of  this  State,  is  hereby  declared  to  be  entitled  to  all  accretions 
to  said  land  by  the  recession  of  said  water,  whether  heretofore  or 
hereafter  formed  or  made  by  natural  causes  or  otherwise,  in  like  man- 
ner and  to  like  extent  as  such  right  may  or  can  be  claimed  by  the 
proprietor  of  land  bounding  on  water  not  navigable. — 1862,  ch.  139. 
Owners  of  Land  Exclusively  Entitled  to  Improve  Water  Front. 

Sec.  88.  The  proprietor  of  land  bounding  on  any  of  the  navigable 
waters  of  this  State,  is  hereby  declared  to  be  entitled  to  the  exclusive 
right  of  making  improvements  into  the  waters  in  front  of  his  said 
land  ;  such  improvements,  and  other  accretions  as  above  provided 
for,  shall  pass  to  the  successive  owners  of  the  land  to  which  they  are 
attached,  as  incident  to  their  resjjective  estates.  But  no  such  im- 
provement shall  be  so  made  as  to  interfere  with  the  navigation  of  the 
stream  of  water  into  which  the  said  improvement  is  made. — Ibid. 
JS'o  Patent  to  Affect  Bights  of  Riparian  Proprietors. 

Sec.  39.  No  patent  hereafter  issued  out  of  the  Land  Office  shall  im- 
pair or  affect  the  rights  of  riparian  proprietors,  as  explained  and  de- 
clared in  the  two  sections  next  preceding  this  section,  and  no  patent 
shall  hereafter  issue  for  land  covered  by  navigable  waters. — Ibid. 
Certified  Copy  of  Patents.,  &c.  to  he  Evidence. 

A  copy  certified  under  the  seal  of  the  Commissioner  of  the  Land 
Office  of  any  patent,  certificate,  or  of  any  entry  or  record  contained  in 
any  book  deposited  in  the  Land  Office,  or  of  any  proceedings  or  papers 
filed  therein,  shall  be  evidence. 

Copy  of  Original  Certificate  with  Notes,  d'C.  to  be  Evidence. 

A  copy  of  any  original  certificate  in  the  Land  Office,  together  with 
the  notes  or  illustrations  annexed  thereto  at  the  time  the  same  was 
returned  into  the  Land  Office,  referring  to  the  lines  of  other  tracts  of 
lands  certified  by  the  Commissioner  of  the  Land  Office  under  his  hand 
and  the  seal  of  his  office,  shall  be  evidence  in  any  court  of  law  or 
equity  in  this  State,  in  the  same  manner,  and  have  the  same  efiect  ae 
if  it  were  the  original  paper  and  proved  to  be  in  the  handwriting  of 
the  Surveyor  by  whom  the  original  survey  was  made,  and  that  the 
said  Surveyor  was  dead. 

CommimoTiei-^s  Compensation. 

The  Commissioner  in  addition  to  his  salary  of  $1500,  under  the  Con- 
stitution, receives  a  commission  of  twenty-five  per  cent,  f  )r  coilecting 
and  imy  ing  the  composition  and  caution  money  into  the  State  treasury. 


230  THE    COMMISSIONER    OF   TUE    LAND   OFFICE. 

THE    LAND    OFFICE    FEES. 

The  fees  of  the  Commissioner  of  the  Land  Office,  by  Article  38,  Sec- 
tion 11,  of  Public  General  Laws,  are  as  follows: 

For  a  common  warrant  and  entry,  $0  55 

For  renewing  the  same  and  entry  whether  in  or  out  of  date,  55 
For  recording  certificate,  jjer  side,  computing  105  words  to  a 

side,  and  so  pro  rata,  13 

For  making  out  a  grant,  1  50 

Recording  the  same,  1  12 
For  special  warrant  on  the  proclamation  of  escheat  or  resurvey, 

including  jDetition  and  order  thereon,  4  1(3 
For  searching  for  any  matter  or  thing  if  found,  23 
For  a  special  warrant  for  vacant  cultivation,  including  peti- 
tion and  order  thereon,  2  50 
For  renewing  every  special  warrant,  whether  in  or  out  of  date,  55 
Entering  every  caveat  and  order,  .  40 
For  every  deed  or  assignment,  .  1  25 
For  drawing  a  petition  at  the  request  of  the  party,  90 
For  all  copies,  per  side,  as  before,  13 
For  filling  ever  paper  at  the  request  of  the  party,  7 
For  entering  every  application  for  warrant,  16 
For  every  seal,  16 
For  examining  every  certificate  of  survey  of  100  acres  or  under,  1  53 
From  100  to  2l)0  acres,  1  92 
From  200  to  300  acre«,  2  00 
For  every  100  acres  above  300  acres,  10 
For  every  certificate  of  resurvey,  whether  made  up  of  one  or 

more  tracts  of  100  acres,  2  50 

From  one  to  200  acres,  2  90 

From  200  to  300  acres,  3  10 

For  every  100  acres  above  300  acres,  I'i 

[For  information  as  to  Pmctice,  see  the  "Laws  and  Rules  of  the 
Land  Office,"  by  Messrs.  Mayer  &  Brewer.] 


Warrants  to  Obtain  Title  to  Lands. 

There  are  five  several  kinds  of  warrants,  issued  by  the  Commissioner 
of  the  Land  Office  under  his  signature  and  seal  of  office,  by  which  an 
applicant  may  obtain  a  patent  lor  the  land  he  proposes  to  purchase; 
viz.  common  warrants,  special  warrants,  warrants  of  resurvey,  war- 
rants of  proclamation,  and  warrants  of  escheat. 

A  person  desirous  of  taking  up  and  securing  land  which  he  believes 
to  be  vacant  must  do  it  in  one  of  three  ways,  viz.,  by  a  common  war- 
rant, a  special  warrant,  or  a  warrant  of  resurvey. 

A  conmion  warrant  aUects  only  uncultivated  land  ;  a  special  war- 
rant aflects  lands  cultivated  or  otherwise;  and  a  warrant  of  resurvey 
affects  lands  cultivated  or  uncultivated  ndjoining  to  patented  or  siu-- 
veyed  lands  therein  mentioned,  being  the  property  of  the  person  who 
takes  out  the  warrant. 


THE     SUR  VE  YORS. 

Constitution,  Article  VII,  Section  3. 

The  provisions  of  the  Constitution,  relating  to  Survey-irs,  Article  7' 
Section  2,  are  as  follows : 

Surveyor — Term  of  Office — Vacancy. 
Sec.  2.  The  qualified  voters  of  each  county,  and  of  the  city  of  Balti- 
more, shall,  on  the  Tuesday  next  after  the  first  I^Ionday  in  the  moutli 
of  ]Srovenil)er,  in  the  year  eighteen  hundred  and  sixty  seven,  and  on 
the  same  day  in  every  second  year  thereafter,  elect  a  Surveyor  for  each 
county  and  the  city  of  Baltimore,  respectively,  whose  term  of  ollftcc 
shall  commence  on  the  first  Monday  of  January  next  ensuing  their 
election  ;  and  whose  duties  and  compensation  shall  be  the  same  as  are 
now,  or  may  hereafter  be,  prescribed  by  law.  And  any  vacancy  in  the 
office  of  Surveyor  shall  be  filled  by  the  Cummissioners  of  the  counties, 
or  by  the  Mayor  and  City  Council  of  Baltimore,  respectively,  for  the 
residue  of  the  term. 


DUTIES  OP  SURVEYORS  UNDER  THE  GENERAL  LAWS. 

The  provisions  of  the  Public  General  Laws,  relating  to  Sui-veyors, 
contained  in  Article  1)2,  are  as  follows: 

Surveyors  shall  Execute   WarranU,  <&c. 

Sec.  1.  The  Surveyor  for  each  county,  and  the  City  of  Baltimore, 
shall  execute  all  warrants  issued  from  the  Land  Office,  and  all  orders 
or  warrants  issued  by  any  court  having  authority  to  issue  the  same, 
and  shall  make  return  thereof  within  the  time  prcscrilied  by  law. 

To  Keep  liecords  of  Smteys  and  liesurveys. 
Sec.  2.  He  shall  keep  a  regular  alphabetical  record  of  the  Survey- 
or's duplicate  of  all  surveys  or  resurveys  made  by  him  by  virtue  of  a 
warrant  issued  from  the  Land  OflSce. 

Record  to  ie  Open  for  Inspection. 

Sec  3.  The  books  for  that  pi;rpose  shall  be  procured  at  the  expense' 
and  shall  be  the  property,  of  the  county  or  city,  and  shall  be  kept  by 
the  surveyor  thereof,  open  to  the  inspection  of  all  persons  who  may 
desire  to  examine  the  same,  and  shall  be  handed  down  to  his  successor 
in  office. 

May  Appoint  Deputies. 

Sec.  4.  Each  Survej'^or  may  appoint  a  deputy  or  deputies. 
May  Administer  Oath  to  Chain  and  Pole  Carriers. 

Sec  5.  Surveyors  and  their  deputies  may  administer  an  oath  to 
their  chain  and  pole  carriers,  carefully,  without  favor  or  partiality,  to 
carry  the  chain  or  pole,  to  the  best  of  their  knowledge,  whilst  making 
a  survey. 


232  THE  survi:;yous. 

Qualification  of  Chain  and  Pole  Carriers. 

Sec.  6.  No  person  but  a  free  white  male  person  above  the  age  of 
twenty-o]ie  years  shall  be  a  chain  or  pole  carrier. 

Non- Attendance  of  Witnesses. 

Sec.  7.  On  the  execution  of  any  warrant  of  resurvey  from  any  of 
the  courts  of  this  State,  or  the  execution  of  any  order  of  a  court  of 
onuity  of  this  State  to  make  a  survey,  the  sheriff  or  coroner  shall  sum- 
mon the  witnesses  he  may  be  directed  to  summon  by  either  l^arty,  and 
upon  j^roof  of  such  summons  and  non-attendance  of  the  witness,  made 
to  the  court  from  which  the  warrant  or  order  issued,  such  witness 
shall  be  adjudged  in  contempt  of  the  court,  and  attachment  may  issue 
as  in  other  cases  of  contempt. 

Course  and  Distance  of  Closing  Line  to  de  given  in 

Certificates  of  Survey. 

Sec.  8.  The  Surveyors  of  the  several  counties,  and  the  city  of  Balti- 
more, sliall  insert  in  every  certificate  of  survey  or  re-survey  returned 
to  the  Land  Office,  the  course  and  distance  of  the  given  or  closing 
line  in  every  survey  or  resurvey. 

Returning   Certificates  to  tJie  Land  Office. 

Sec.  9.  In  returning  certificates  to  the  Land  Office,  the  Surveyor 
shall  state  the  quantity  and  quality  of  the  improvements  on  the  land 
included  in  the  survey  or  resurvey,  and  subject  to  the  operation  of  the 
warrant,  with  his  opinion  of  the  value  of  the  same. 

Execution  of  Warrant  of  Resurvey. 
Sec.  10.  No  warrant  of  resurvey  issued  from  any  of  the  courts  of 
this  State  shall  be  executed  until  after  ten  days'  notice  to  the  parties 
in  the  cause,  or  their  counsel  of  record,  unless  a  diflerent  time  of  no- 
tice shall  be  prescriljed  by  rule  or  order  of  the  court  issuing  such  war- 
rant, or  unless  notice  be  waived  or  agreed  ujjon  by  the  parties. 

Warrants  of  Escheat. 

Sec.  11.  When  warrants  of  e?cheat  shall  be  delivered  to  a  Surveyor 
to  execute,  in  order  to  survey  lands  held  in  tenancy  in  common,  and 
the  part  only  of  one  or  more  of  the  said  tenants  in  common  huth  be- 
come liable  to  escheat,  the  Surveyor  shall  cause  the  whole  of  the  said 
land  so  held  in  common  to  be  surveyed,  and  a  certificate  thereof  re- 
turned to  the  Land  Office,  specifying  the  value  of  the  whole  tract  of 
land  and  improvements  thereon,  and  after  the  examination  of  the  s-iid 
certificate  and  payment  to  the  Treasurer  of  two-thirds  of  the  value  of 
the  escheatable  part  of  the  land  therein  expressed,  a  patent  shall  issue 
in  due  time  to  the  party  in  whose  name  Ww  said  certificate  may  be  re- 
turned, or  his  heirs  or  assigns,  for  the  undivided  portion  of  the  land 
that  may  be  liable  to  escheat. 

Powers  ami  Duties  of  a  Surveyor'^s  Deputy. 
Sec.  12.  If  any  warnint  for  surveying  or  resurveying  land  shall  is- 
sue, and  the  same  shall  be  executed  by  a  deputy  of  the  Surveyor  au- 
thorized to  execute  the  same,  and  before  a  certificate  of  the  survey  or 
resurvey  shall  be  made  out  and  signed  by  the  said  Surveyor,  he  shall 
die,  the  said  deputy  may,  witliin  six  months  after  such  death,  make 
out  and  sign  a  plot  and  si)ecial  certificate  stating  the  circumstances 


THE   SURVKY0R8.  233 

of  tlie  case,  with  an  affidavit  of  tlio  truth  thereof  annexed  or  endorsed, 
and  tlie  said  certificate  shall  be  as  good  and  eilcctual  as  if  made  out 
and  signed  ])y  the  said  Surveyor;  and  if  any  amendment  or  correction 
of  the  said  plot  or  cfrtificate  shall  be  necessary,  the  amendment  or 
correction  sliall  be  made  by  the  said  deputy,  or  such  other  person  as 
the  Commissioner  of  the  Land  Office  shall  think  proper. 

Correctioirs  may  ie  made  by  a  Swveijar  after  his  Besignation. 
Sec.  13.  If  any  certificate  shall  be  made  out  by  any  Surveyor  au- 
thorized to  make  the  same,  under  a  warrant  of  survey  or  resurvey,  and 
the  same  shall  be  duly  returned,  and  an  order  of  the  Commissioner 
of  the  Land  Office  shall  be  made  for  correcting  the  same,  and  the  Sur- 
veyor  shall  resign  his  office  without  making  out  a  corrected  certificate 
or  correcting  the  original,  the  Commissioner  of  the  Land  Office,  on 
the  application  of  the  party,  may,  in  his  discretion,  order  the  correction 
to  be  made  by  the  said  Surveyor,  and  the  corrected  certificate  made 
out  by  liim  shall  be  as  good  and  eflTectual  as  if  he  had  not  resigned, 
and  he  shall  be  entitled  to  such  fees  therefor  as  the  Commissioner  of 
the  Land  Office  shall,  under  all  circumstances,  deem  reasonable,  not 
exceeding  the  fees  allowed  to  Surveyors. 

A  Surveyor  may  take  up   Vacant  Lands  Adjoining  his  Property. 
Sec.  14.  No  Surveyor  or  Deputy  Surveyor  shall  take  up  any  vacant 
land  unless  it  be  land  adjoining  lands  to  which  he  is  bona  fide  entitled. 

Surveyor''s  Oath. 
Sec.  15.  All  warrants  taken  out  for  the  purpose  of  taking  up  land 
under  the  preceding  section  shall  be  directed  to  the  county  Surveyor 
of  any  adjoining  county,  who,  before  he  executes  the  same,  shall  take 
the  following  oath,  to  be  endorsed  on  the  warrant,  to  wit:  "I,  A.  B., 
do  swear  that  I  will  well  and  truly  execute  this  warrant  to  the  best  of 
my  skill  and  judgment,  without  favor,  affection  or  partiality." 

Penalty  for  Ne^jlecting  to  Return  Plots. 
Sec.  16.  If  in  any  cause  plots  made  under  the  order  of  the  court  are 
not  returned,  from  the  neglect  of  the  Surveyor,  the  court  may  order 
liim  to  i^ay  the  costs  of  the  term,  and  may  impose  on  him  such  fine  as 
the  circumstances  of  the  case  may  require. 

Penalty  for  Returning  Erroneous  Certificates. 
Sec.  17.  If  a  Surveyor  shall  return  a  certificate  for  the  examination 
of  the  Commissioner  of  the  Land  Oftice,  and  the  same  shall  be  by  him 
found  to  be  erroneous,  the  party  for  whose  use  the  survey  was  made 
shall  not  pay  any  fees  to  the  Commissioner  or  Surveyor  on  such  erro- 
neous certificate,  but  the  Surveyor  shall  pay  to  the  Commissioner  of 
the  Land  Office  one-third  the  usual  fees  thereon. 

Shall  Mention  no  Boundary  unless  Run  and  Measured  by  Him. 
Sec.  18.  No  Surveyor  shall  mention  any  boundary  in  his  certificate 
of  any  survey,  unless  he  shall  actually  run  and  measure  the  distance 
to  such  boundary,  and  the  boundaries  by  him  returned  shall  be  at  the 
end  of  the  line  as  expressed,  and  his  certificate  shall  not  contain  more 
land  than  certified  by  him  therein. 

For  other  provisions  of  the  General  Laws  relating  to  Surveyors, 
see  Article  29,  Sections  10,  11  and  12,  page  110. 


THE    WEECKMASTER. 
Constitution. — Article  VII,  Section  6. 

The  Wreckniaster  of  Worcester  county  is  elected  under  the  Consti- 
tution, Article  7,  Section  6,  as  follows : 

Election  of  Wreekmaater — Hh  Duties. 

Art.  7,  Sec.  6.  The  qualified  voters  of  Worcester  county  shall,  on 
the  Tuesday  next  after  the  tirst  Monday  in  the  month  of  November,  in 
the  year  eighteen  hundred  and  sixty-seven,  and  every  two  years  there- 
after, elect  a  Wreckmaster  for  said  county,  whose  duties  and  compen- 
sation shall  be  the  same  as  are  now,  or  may  be  hereafter,  prescribed 
by  law  ;  the  term  of  ofRce  of  said  Wreckmaster  shall  connnence  on  the 
first  Monday  of  January,  next  succeeding  his  election,  and  a  vacancy 
in  said  othce  shall  be  filled  by  the  County  Commissioners  of  said  coun- 
ty for  the  residue  of  the  teiTQ. 


THE   WRECKMASTER'S    DUTIES   UNDER   THE 
PUBLIC  LOCAL  LAWS. 

The  duties  of  the  Wreckjnaster  are  pres'^ribed  by  Article  22  and  23, 
of  PuV)lic  Local  Laws  of  Worcester  county,  Sections  151  to  164  inclu- 
sive, as  follows : 

Duty  of  the   Wreckmaster. 

Sec.  151.  It  shall  be  the  duty  of  the  Wreckmaster.  on  the  earlies 
intelligence,  or  on  application  by  or  on  behalf  of  any  owner  or  com- 
mander of  a  ship  or  other  vessel  being  in  danger  of  be:ng  stranded,  or 
being  stranded,  to  command  any  constable  or  constables,  to  be  ap- 
pointed by  him  for  that  purpose,  to  summon  as  many  men  as  shall  be 
thought  necessary  to  the  assistance  of  such  ship  or  vessel. 

He  can  Demand  Amsitrince  from  other   Vessels. 

Sec.  152.  If  there  be  any  ship  or  vessel  belonging  to  any  citizen  of 
this  State  riding  near  the  place,  he  shall  have  power  to  demand  of  the 
commanding  officer  thereof,  assistance  by  their  boats  and  such  hands 
as  they  can  conveniently  spare,  and  if  any  commanding  officer  shall 
neglect  to  give  sueh  assistance,  he  shall  forfeit  the  sum  of  five  hundred 
dollars,  to  be  recovered  by  the  officer  or  owner  of  the  distressed  ship 
or  vessel  in  any  court  in  tliis  State. 

The   Wreckmaster'' s  Per  Diem. 

Sec.  153*.  Tlie  Wreckmaster  of  Worcester  county  shall  be  entitled 
to  receive  twenty-five  dollars  for  the  tirst  day  he  shall  go  to  take 
chai'ge  of  a  wreck,  and  ten  dollars  j)er  day  for  every  day  thereafter 
that  liis  services  arc  rctjuircd,  or  that  he  may  be  employed  or  engaged 
in  saving  or  attempting  to  save  the  vessel  or  cargo. 


TITR   Wr.ECKMASTER. 


235 


Pay  of  Asshtanfs. 
Sec.  154*.  All  othors  wlio  shall  as'^ist  in  preserving  any  ship  or  other 
vessel  in  distress,  when  employed  or  summoned  by  the  AVreckniaster 
for  such  service,  shall  be  piiid  two  dollars  for  each  day  he  shall  be 
engaged. 

Vessel  and  Ooods  Rcspomihle  for  Payment. 
Sec.  155.  In  default  of  such  payniL-nt,  the  vessel  or  goods  shall  re- 
main in  the  custody  of  the  Wreckmaster  until  all  charges  arc  paid,  or 
security  given  for  the  same  to  the  satisfaction  of  the  parties. 

To  Advertise  Goods  Saved,  in  Ifeitspapers. 

Sec.  15G.  He  shall,  if  no  person  claim  the  goods  saved,  take  pos- 
session thereof,  and  cause  a  true  description  of  the  marks,  numbers 
and  kinds  of  such  goods  to  be  advertised  four  weeks  in  the  Baltimore 
and  Philadelphia  newsi)apers. 

May  Sell  Perishable  Goods,  &c. 

Sec.  157.  He  shall,  if  the  goods  be  perishable,  sell  the  same  forth- 
with ;  but  if  not,  he  shall  retain  them  three  months,  and  if  no  person 
shall  within  that  time  claim  them,  he  shall  sell  them  at  public  sale, 
and  after  deducting  all  charges,  shall  pay  the  balance  to  the  Treasurer 
of  Maryland,  who  shall  keep  an  account  of  the  same  for  the  benefit  of 
the  owners  or  insurers,  who,  upon  proof  of  their  property,  to  the  satis- 
faction of  the  Comptroller,  shall  upon  his  warrant  receive  the  same. 

Persons  Molesting   Wreckmaster  to  ie  Fined,  &c. 

Sec.  158.  If  any  person  besides  those  empowered  by  the  Wreckmas- 
ter shall  enter,  or  endeavor  to  enter,  on  board  any  vessel  in  distress 
without  the  leave  of  the  commanding  officer,  or  if  any  person  shall 
molest  him  or  them  in  saving  the  vessel  or  goods,  or  shall  endeavor 
to  hinder  the  saving  such  vessel  or  goods,  or  shall  deface  the  marks 
of  any  such  goods  before  they  are  taken  down  in  a  book  by  the  AVreck- 
master,  he  shall  forfeit  and  pay  the  sum  of  one  hundred  ;'.nd  fifty  dol- 
lars, to  be  recovered  by  the  owner  of  the  vessel  or  goods  in  any  court 
of  record  in  this  State;  and  in  case  of  failure  to  pay  such  forfeiture 
immediately,  or  giving  security  to  pay  the  same  within  one  month, 
he  sh.all  receive  not  exceeding  thirty-nine  lashes  on  his  bare  back  by 
order  of  such  court. 

May  Repel  by  Force  Cei-tain  Persons. 

Sec.  159.  Any  commanding  oiBcer  of  a  vessel  in  distress,  or  the 
Wreckmaster,  may  rejiel  by  force  any  persons  who  shall,  without  con- 
sent, prt^s  on  board  such  vessel  and  therein'  molest  them  in  preserving 
the  vessel  or  goods. 

Liahility  of  Pei'i'ons  Taking  Goods. 

Sec.  160.  If  any  goods  shall  be  found  upon  any  person  that  were 
stolen  or  carried  off  from  any  vessel  in  distress,  he  shall,  u]>on  demand, 
deliver  the  same  to  the  owner  or  Wreckmaster.  or  to  such  other  per- 
son as  shall  be  authorized  by  either  of  them  to  receive  the  sane,  or 
shall  be  liable  to  pay  four  times  the  value,  to  be  recovered  with  costs 
in  any  court  in  this  State. 

Penitentiary   Offence. 

Sec.  161.  If  any  person  shall  make,  or  assist  in  making,  a  hole  in 
any  vessel  in  distress,  or  steal  any  pump,  materials  or  goods  from  any 


236  THE    WRECKMASTEB. 

vessel,  or  shall  willfully  do  any  thing  tending  to  the  immediate  loss  of 
such  vessel,  he  shall  be  guilty  of  felony,  and  on  conviction,  shall  be 
sentenced  to  the  penitentiary  not  less  than  live  nor  more  than  hfteen 
years. 

Fraud  or   Willful  Neglect,  how  Punished. 

Sec.  162.  If  any  Wreckmaster  shall,  by  fraud  or  willful  neglect,  abuse 
the  trust  reposed  in  him,  he  shall,  upon  conviction,  forfeit  and  pay 
four  times  the  damages  to  the  party  aggrieved,  to  be  recovered  in  any 
court  of  record ;  and  shall  thenceforth  be  incapable  of  acting  as  "Wreck- 
master. 

Persons  Refusing  Assistance  Fined  $25. 

Sec.  163.  Any  person  summoned  by  the  Wreckmaster  who  shall  re- 
fuse or  neglect  to  give  the  assistance  required  for  the  saving  of  any 
vessel  or  cargo,  shall  forfeit  and  pay  to  the  use  of  Worcester  county 
the  sum  of  twenty-live  dollars,  to  be  recovered  before  any  justice  of 
the  peace  of  said  county  by  the  "Wreckmaster ;  and  shall  be  also  sub- 
ject to  the  payment  of  the  same  damages,  and  to  be  recovered  by  the 
party  aggrieved  in  the  same  manner,  as  in  case  of  a  Wreckmaster. 

Wreckmaster's  Bond  $2500. 
Sec.  164.  The  Wreckmaster  shall  give  bond  and  security  in  the 
Circuit  Court  for  said  county  in  the  sum  of  twenty-five  hundred  dol- 
lars lor  the  due  and  faithful  performance  of  his  office,  before  entering 
upon  the  discharge  of  the  duties  thereof;  such  bond  may  be  taken  by 
the  clerk  of  said  court  during  the  recess  thereof  but  only  until  the 
meeting  of  said  court,  who  shall  thereuj^on  require  the  Wreckmaster 
to  give  new  bond,  and  if  he  shall  neglect  or  refuse  to  do  so,  the  office 
shall  be  declared  vacant. 


< 


PUBLIC    EDUCATION". 

Constitution. — Article  VIII. 

The  cightli  Article  of  the  Constitution  provides  for  a  system  of  Pub- 
lic Education  as  follows: 

System  of  Free  Schools — Ta.ration. 

Sec.  1.  The  General  Assembly,  at  its  iirst  session  after  the  adoption 
of  this  Constitution,  shall  by  law  establish  throughout  the  State,  a 
thorouirh  and  efficient  system  of  Free  Public  Schools;  and  shall  pro- 
vide by  taxation,  or  otherwise,  for  their  maintenance. 
The  Present  System  to  Expire. 

Sec.  2.  The  system  of  Public  Schools,  as  now  constituted,  shall  re- 
main in  force  until  the  end  of  the  said  first  session  of  the  General  As- 
3eml)ly  of  18G8,  and  shall  then  expire;  except  so  far  as  adopted  or 
continued,  by  the  General  Assembly. 

School  Fioid  to  he  Irpt  Inviolate. 

Sec.  3.  The  School  Fund  of  the  State  shall  be  kept  inviolate,  and 
approjiriated  only  to  the  purposes  of  education. 


PROVISIONS  OF  THE  PUBLIC  GENERAL  LAWS. 
The  Act  of  1872,  cliapter  377.  provides  a  general  system  of  Free 
Public  Schools  for  the  State  of  Maryland,  and  repeals  all  laws  incon- 
sistent therewith,  and  all  Acts  passed  since  the  adoption  of  the  Code, 
relating  to  schools,  &c.  It  also  provides  that  the  Act  shall  be  added 
to  the  Code  of  Public  General  Laws,  under  the  title  of  "Public  Educa- 
tion," as  follows : 

Chapter  I. — Supervision. 

State  Board  of  Education. 
Sec.  1.  Educational  matters  affecting  the  State  and  the  general  care 
and  sui)ervision  of  Public  Education  shall  be  entrusted  to  a  State 
Board  of  Education. 

County  School  Commissioners. 

Sec.  2.  Educational  matters  aflfecting  a  county  shall  be  under  the 
control  of  a  Board  of  County  School  Commissioners. 

District  School   Trustees. 

Sec.  8.  Educational  matters  aflectin£r  a  school  district  shall  be  un- 
der the  supervision  of  a  Board  of  District  School  Trustees. 

Chapter  II. — Formation  of  Boards. 

Governor  to  Appoint  State  Board  of  Education. 

Sec.  1.  The  Governor,  by  and  with  the  advice  and  consent  of  the 

Senate,  shall  appoint  at  the  present  session  of  the  General  Assembly 

of  Maryland,  and  at  every  regular  session  thereafter,  from  among  the 


,238  PUBLIC    EDUCATION. 

Presidents  and  Examiners  of  the  several  Connty  Boards,  four  persons, 
(one  oi  Avliom  sliall  l)e  a  resident  of  the  Eastern  Shore,)  who,  toijcther 
with  the  Principal  of  the  State  Normal  School,  sh^U  constitute  the 
'•State  Board  of  Education." 

Circuit  Judges  to  Appoint  Gotinty  School  Commissioners. 

Sec.  2.  The  Board  of  Cf)unty  School  Commissioners  shall  be  com- 
posed of  three  persons,  appointed  l)y  the  Judges  of  the  Circuit  Courts, 
to  serve  for  two  years  from  the  first  day  of  January  next  succee'iing 
said  appointment  and  until  their  successors  shall  qualify  ;  Provided, 
that  in  counties  having  over  one  hundred  schools  five  perscms  shall  be 
appointed. 

District  School  Trxistees  Apjwinted  iy  School   Commissioners. 

Sec.  3.  The  Board  of  District  School  Trustees  shall  be  composed  of 
three  persons,  who  shall  be  appointed  by  the  County  School  Commis- 
sioners on  the  first  day  of  May,  or  at  their  first  meeting  thereafter  in 
each  year. 

Chapter  III. — Duties  of  the  State  BoAnD  op  Education. 

Times  of  Meeting. 

Sec.  1.  The  State  Board  of  Education  shall  hold  regtilar  meetings 
on  the  last  Wednesday  in  May,  August,  November  and  February  of 
every  year,  and  special  meetings  as  occasions  may  require. 

Office  Located. 
Sec.  2.  The  office  of  the  Board  shall  be  in  the  State  Normal  School. 

To  Eeceive  No  SaJary,  Except  tlie  President. 
Sec.  3.  The  members  of  the  Board  shall  receive  no  salary,  but  actual 
expenses  incurred  in  attending  meetings  of  the  Board,  and  they  are 
authorized  to  employ  clerical  assistance  when  necessary  ;  the  Treasu- 
rer, upon  the  warrant  of  the  Comptroller,  is  hereby  authorized  to  pav 
tlie  President  of  the  Board  such  amount,  not  exceeding  one  thousand 
dollars  per  annum,  as  be  shall  show  to  be  due  for  these  necessary  ex- 
penses. 

Duties  of  State  Board. 

Sec.  4.  The  State  Board  of  Education  shall,  to  the  best  of  their 
ability,  cause  the  provisions  of  this  law  to  be  carried  into  efi"ect,  and 
nuiv,  if  necessary,  institute  legal  proceedings  for  that  purj^ose,  with 
the'direction  and  advice  of  tlie  Attorney  General;  they  shall  explain 
Ihe  true  intent  and  meaning  of  the  law,  and  they  shall  decide,  without 
expense  to  the  y^arties  concerned,  all  controversies  and  disj^utes  that 
may  arise  under  it. 

To  have  General  Care  and  Supervision. 

Sec.  5.  They  shall  have  the  general  care  and  supervision  of  the 
Public  School  interests  of  tlie  State;  shall  act  as  assistants  and  ad- 
visers of  the  various  County  Boards;  and  shall  from  time  to  time  is- 
sue circular  letters  to  teachers  and  commissioners  on  toj^ics  connected 
with  the  administration  of  Public  Schools. 

Uniformity  in  Reports. 

Sec.  0.  In  order  to  insure  uniformity  in  the  statistical  reports  of  the 
Public  Schoola,  they  shall  issue  a  uniform  series  of  blanks  for  the  use 


PUBLIC    EDUCATION. 


239 


of  teachers  and  of  County  Boards,  and  shall  require  all  accounts  to  be 
kept  and  returns  to  oe  made  according  to  these  forms. 

To  Examine  Candidates  for  County  Examiner. 
Sec.  7.  They  shall,  when  requested  by  the  Board  of  County  School 
Commissioners,  examine  candidates  for  the  office  of  County  Examiner. 
and  give  a  certiticate  of  qualification. 

To  Grant   Certificates  to  Teachers. 
Sec.  8.  They  may  grant  to  teachers  of  long  experience  and  estab- 
lished reputation  professional  certificates,  which  shall  be  valid  until 
revoked  for  cause. 

Trustees  Ex- Officio  of  Normal  School. 
Sec.  9.  The  State  Board  of  Education  shall  be,  e.r-officio,  trustees  of 
tlie  State  Normal  School ;   and  the  Principal  of  the  State  Normal 
School  shall  be,  ex-officio,  a  trustee  of  the  State  Agricultural  College. 

All  Schools,  d-c,  to  Report  Annually. 

Sec.  10.  All  schools  and  colleges  receiving  any  State  donation  shall' 
make  a  report,  on  or  before  the  fifteenth  day  of  November  in  each 
year,  of  such  matters  and  in  such  form  as  the  State  Board  of  Educa- 
tion shall  require ;  and  said  rejjorts,  or  an  abstract  therefrom,  shall 
be  published  by  the  President  of  the  Board  in  his  annual  school 
report. 

Chapter  IV. — Duties  of  the  County  Schooi.  Commissioners. 
V/hen  and  How   Organized.,  &c. 

Sec.  1.  The  Board  of  County  School  Commissioners  shall  meet  for 
organization,  on  the  first  Tuesday  in  January  next  succeeding  their 
appointment,  or  as  soon  thereafter  as  may  be,  and  elect  a  person  not 
a  member  of  the  Board,  who  shall  serve  as  Secretary,  Treasurer  and 
Examiner;  and  notice  of  such  election,  sisrned  Vjv  the  President  of  the 
Board,  shall  be  transmitted  to  the  Comptroller;  Provided,  that  in  coun- 
ties having  more  than  eighty-five  schools,  the  Board  may  at  their  dis- 
cretion appoint  one  assistant  examiner  and  fix  his  salary.  The  Board 
shall  meet  once  in  every  school  term,  and  at  other  times  if  necessary, 
for  the  transaction  of  business;  each  commissioner  shall  receive  per 
day  for  each  day  of  his  attendance  at  the  Board,  or  on  committees  ap- 
pointed by  the  Board,  such  pay  as  is  allowed  the  County  Commission- 
ers in  the  several  counties  of  the  State;  Provided,  that  the  aggregate 
amount  paid  in  one  year  to  commissioners  as  per  diem,  or  any  other 
compensation,  shall  not  exceed  an  average  of  one  hundred  dollars  for 
each  commissioner. 

The  Board,  a  Body  Corporate. 

Sec.  2.  The  Board  of  County  School  Commissioners  is  hereby  de- 
clared to  be  a  body  politic  and  corporate,  by  the  name  and  style  of 

the  Board  of  County  School  Commissioners  of county,  and  by 

that  name  shall  have  perpetual  succession,  and  shall  be  capable  to  sue 
and  be  sued,  to  have  and  use  a  common  seal,  and  the  same  at  their 
pleasure  to  alter  or  break,  and  to  exercise  all  the  powers  and  privi- 
leges hereby  granted  to  or  vested  in  them,  and  every  County  School 
Commissioner  shall  have  power  to  take  affidavits  and  administer  oaths 
in  all  matters  pertaining  to  public  schools,  but  without  charge  or  fee. 
16 


340  PUBLIC    EDUCATION. 

All  School  Pi-operty   Vested  in  t?ie  Board. 

Sec.  3.  All  the  property,  estates,  efiects,  money,  funds,  claims  and 
State  donations  now  vested  by  law  in  the  public  school  authorities  of 
any  county,  for  the  use  and  benefit  of  public,  primary,  free  or  high 
schools,  are  herel)y  transferred  to  and  vested  in  the  Board  of  County 
School  Commissioners  and  their  successors  in  office. 

To  have   General  Supervision  and    Control. 

Sec.  4.  The  Board  of  County  School  Commissioners  shall  have  the 
general  supervision  and  control  of  all  schools  in  their  respective  coun- 
ties; they  shall  build,  repair  and  furnish  school-houses;  they  shall  fix 
the  salaries  of  teachers  ;  they  shall  purchase  and  distribute  text  books, 
and  shall  j^erform  such  other  duties  as  may  be  necessary  to  secure  an 
efficient  administration  of  the  public  school  system,  subject  to  the 
provisions  of  this  law. 

How  School  Tar  and  Fund  is  to  te  Applied. 
.  Sec.  5.  The  State  school  tax  and  free  school  fund  are  primarily  in- 
tended, under  this  Act,  to  pay  the  salaries  of  the  teachers  of  the  sev- 
eral counties,  and  to  provide  school  books  and  stationery  for  the  chil- 
dren of  the  State.  If,  however,  in  apportioning  the  said  State  school 
tax  among  the  difl!'erent  counties  and  the  city  of  Baltimore,  the  share  '^f 
any  county  should  prove  inadequate  for  the  purposes  aforesaid,  then 
the  County  Commissioners  of  such  county  are  hereby  authorized,  em- 
powered, directed  and  required  to  levy  and  collect  such  a  tax  upon 
the  assessable  property  of  such  county  as  the  Board  of  County  School 
Commissioners  shall  designate  as  sufficient  to  make  good  the  deficien- 
cy ;  Provided,  said  tax  shall  not  exceed  ten  cents  in  the  hundred  dol- 
lars, unless  the  County  Commissioners  shall  approve  and  sanction  an 
additional  tax.  The  taxes  so  levied  and  collected  shall  be  paid  quar- 
terly, on  the  day  fixed  for  the  payment  of  the  State  school  tax  to  the 
several  counties;  but  the  proceeds  from  special  taxes  may  be  paid 
oftener,  upon  the  order  of  the  Board  of  County  School  Commissioners 
to  the  Treasurer  of  the  said  Board  of  County  School  Commissioners, 
in  order  that  the  schools  of  said  counties  may  be  kept  open  for  the 
time  herein  set  forth,  and  said  tax  shall  be  levied  and  collected  as 
other  taxes.  Any  sums  of  money  which  mav  have  been  specially  col- 
lected or  levied  on  any  election  or  school-house  district,  for  education- 
al purposes  connected  with  these  districts,  shall  be  collected  for  and 
a])])licd  to  the  purposes  so  intended  originally,  and  shall  be  used  for 
no  other  purpose ;  and  if  said  funds  have  been  used  otherwise  they 
shall  be  returned  and  applied  as  albresaid. 

May  Appoint  Committee  to  Divide  County  into  School  Districts,  &c. 
Sec.  6.  In  all  cases  where  the  county  has  not  been  properly  divided 
into  school  districts,  and  full  records  of  the  boundaries  thereof  have 
not  been  made  and  reccjrded,  the  Board  of  County  School  Commis- 
sioners shall  appoint  a  committee,  if,  in  their  opinion,  they  deem  it 
necessary,  consisting  of  three  persons  of  intelligence  and  sound  judg- 
ment, who  shall  divide  the  county  into  suitable  school  districts,  de- 
fine and  describe  the  Ijoundaries  of  each  ;  Provided,  that  no  school  dis- 
trict shall  contain  a  greater  area  than  four  miles  square,  unless  a  part 
of  it  be  located  in  a  thinly  settled  r''gion.  In  the  formation  of  the 
school  districts,  the  committee  shall  take  into  consideration  the  most 


rUliLIC   EDUCATION.  241 

suit.il)le  site  for  the  school-house,  the  general  features  of  the  countrj', 
and  shall  make  each  school  district  of  such  size  and  form  as  will  best 
accommddate  the  po])n]ation  within  its  bounds.  The  committee  shall 
make  an  accurate  dcscrijjtion  of  the  bounds  of  the  school  districts, 
accompanied  by  a  plat,  and  shall  report  the  same  to  the  Board  of 
County  School  Commissioners,  who  shall  thereupon  give  notice  in  all 
the  newspapers  of  the  county  at  what  time  they  will  meet  to  hear  ap- 
l)lications  for  a  change  of  boundaries,  which  applications  shall  I;o 
made,  in  writing,  and  within  two  months  from  the  date  of  the  first 
pul)lication  of  such  notice.  When  the  api)lication  shall  have  been 
made  and  considered,  the  Board  of  County  Sc;hool  Commissioners 
may  then  change  the  boundaries  of  school  distric;ts  and  revise  the  de- 
scrijjtion ;  or  they  may,  without  application,  make  such  change  as 
may  l;e  deemed  important,  or  they  may  ratify  and  confirm  the  report 
of  the  committee.  The  description  of  the  l>oundaries  of  school  dis- 
tricts shall  he  recorded  in  a  book  kept  for  that  purpose  by  the  Secre- 
tary of  the  Board  of  Coimty  School  Commissioners.  In  those  counties 
where  no  newspaper  is  published,  the  notice  of  application  for  a 
clianixc  of  boundaries  shall  be  pul)lished  in  such  a  manner  as  the 
Board  of  County  School  Commissioners  may  decide.  Whenever  it 
may  be  necessary  the  Board  of  County  School  Conmiissioners  shall 
em])loy  a  Surveyor  to  aid  the  committee  in  the  performance  of  such 
duty,  and  they  shall  allow  the  Surveyor  such  compensation  Utv  hh 
services  as  may  be  ju^t  and  ])roper;  and  the  committee  shall  receive 
no  compensation  whatever  for  their  services.  The  cost  of  dividing 
the  county  shall  be  paid  by  the  County  School  Commissioners  out  of 
the  school  fund  of  the  county.  If  a  county  has  already  been  divided 
into  school  districts,  and  it  may  be  necessary  to  revise  the  same,  the 
Board  of  County  School  Commissioners  shall  have  full  power  to  make 
such  revision  or  alteration  as  may  be  necessary  to  accommodate  the 
population  and  increase  the  ethcieucy  of  the  schools.  A  full  descrip- 
tion of  such  changes  and  alterations  shall  also  be  made  and  recorded 
as  albresaid. 

To  Make  Annval  Eepm-ts  and  Publish  Financial  Statement. 

Sec.  7.  The  Board  of  County  School  Commissioners  shall,  on  or  be- 
fore the  lifteenth  day  of  November  in  every  year,  make  a  report  to  the 
State  Board  of  Education,  in  such  form  as  may  be  prescribed  by  the 
latter,  of  the  schools  and  all  matters  atTecting  the  educational  interests 
of  the  county  ;  they  shall  also  publish  annually,  in  the  month  of  No- 
vember, in  such  form  and  manner  as  they  may  deem  proper,  a  state- 
ment of  their  receipts  and  disbursements,  including  the  money  received 
and  expended  on  account  of  text  books,  and  a  statement  of  the  in- 
debtedness of  the  Board  at  the  close  of  the  fiscal  year,  and  forward  a 
copy  to  the  State  Board  of  Education. 

Vacancies  IIoic  Filled — Appeal. 

Sec.  8.  In  case  of  the  death  of  any  County  School  Commissioner, 
or  his  resignation  or  removal  from  the  county,  or  disqualification  from 
any  legal  cause,  the  Judges  of  the  Circuit  Court  of  the  Judicial  Dis- 
trict where  the  vacancy  occurs  shall  have  power  to  appoint  a  qualified 
person  to  till  the  vacancy.  In  case  of  inefHciency,  refusal  to  act,  or 
breach  of  trust,  the  Board  may,  by  a  vote  of  a  majority  of  its  members, 
declare  the  office  vacant,  and  give  notice  to  the  party  concerned.     An 


242  PUBLIC    EDUCATION. 

appeal  may  be  taken  to  the  State  Board  of  Education,  whose  decision 
shall  be  final ;  but  if  no  appeal  be  taken  within  ten  days  the  vacancy 
shall  be  filled  as  hereinbefore  provided. 

No  Teacher  to  he  Commissioner. 
Sec.  9.  No  teacher  in  actual  employment  as  such  shall  fill  the  posi- 
tion of  County  School  Commissioner. 

Chapter  V. — Duties  op  the  District  School  Trustees. 

Duties  of  District  School  Trustees. 
Sec  1.  The  Board  of  District  School  Trustees  shall  have  the  care  of 
the  houses  and  lands  connected  therewith,  intended  for  school  pur- 
poses; also  the  furniture,  apparatus  and  other  school  property.  They 
shall  attend  to  all  repairs,  and  charge  the  cost  among  the  incidental 
expenses  of  the  school,  to  be  paid  out  of  the  tax  levied  upon  the  as- 
sessable property  of  the  county  as  herein  provided  for;  Provided.,  that 
when  rej^airs  are  to  be  paid  out  of  a  county  school  tax,  the  amount  to 
be  expended  for  said  repairs,  shall  be  determined  by  the  Board  of 
County  School  Commissioners  before  the  repairs  are  made.  The 
Board  shall  employ  a  teacher  from  among  those  persons  who  hold  the 
certificate  required  by  this  law ;  they  shall  exercise  a  general  super- 
vision over  their  resj^ective  schools,  and  visit  them  frequently,  and 
shall  cause  instruction  to  be  given  for  ten  months  in  the  year  if 
possible. 

To  Provide  Out- Buildings. 

Sec.  3.  The  Board  of  District  School  Trustess,  shall  see  that  every 
school-house  site  is  provided  with  suitable  out-buildings. 
School-Houses  not  to  be   Used  for  Other  Purposes. 

Sec.  8.  No  school-house  shall  be  used  for  any  other  purpose  than 
public  school  purposes,  and  school  district  meetings,  unless  by  consent 
of  the  Board  of  County  School  Commissioners  or  a  majority  of  them. 
Contiguous  Portions  of  Districts  May  Combine. 

Sec.  4.  Contiguous  portions  of  two  or  more  school-house  districts 
may,  with  the  consent  of  the  Board  of  County  School  Commissioners, 
combine  and  form  a  new  school-house  district;  and  when  thus  form- 
ed, the  said  new  school-house  district  shall  be  invested  with  all  the 
rights  and  powers  hereinbefore  set  forth  as  pertaining  to  such  districts; 
Provided^  that  the  new  school-house  district  thus  formed,  or  said  dis- 
trict from  which  it  may  be  formed,  shall  not  contain  less  than  thii'ty- 
five  legal  resident  voters. 


"O'' 


Chap.  VI. — School-Houses  and  Sites. 
Commissioners  to  Select  Sites  for  School-Houses. 
Sec.  1.  It  shall  be  the  duty  of  the  Board  of  County  School  Commis- 
sioners to  select  a  suitable  school-house  site  in  each  district,  whenever 
the  necessities  of  the  public  schools  demand  a  change  of  site  or  sites 
already  built  ujjon,  or  a  new  school-house  to  be  built. 

May  Receive  Donations  of  Sites. 
Sec.  2.  The  Board  of  County  School  Commissioners  may  receive 
donations  of  such  sites  or  locations  for  school-liouses,  or  of  houses  al- 


PUBLIC    EDUCATION.  243 

ready  built,  adapted  to  school  purposes  or  puitably  located,  or  may 
purchase  the  same ;  but  in  no  case  shall  any  site  be  built  u])on,  or 
any  house  be  occupied,  until  a  good  and  sufficient  title  shall  have 
been  obtained  for  the  same,  in  the  corporate  name  of  the  Board  of 
County  School  Commissioners. 

Land  may  he  Condemned  for  School- Houses. 

Sec.  3.  AVhen  the  lands  shall  be  required  for  the  site  of  a  school- 
house,  or  for  enlarging  a  school-house  lot,  and  the  Board  of  County 
School  Commissioners  shall,  trom  any  cause,  be  unable  to  contract 
with  the  owner  thereof,  the  Board  of  County  School  Commissioners 
may  apply  for  a  writ  of  ad  quod  danmum  to  the  Clerk  of  the  Circuit 
Court  for  the  county,  who  shall  forthwith  issue  the  same,  and  the 
Sherift' shall  execute  the  said  writ,  and  return  an  inquisition  describ- 
ing the  land  and  statins:  the  amount  of  damages  to  be  paid  to  the 
owner,  and  the  Judge  of  the  Circuit  Court  for  the  coimty  may,  at  any 
time  after  the  return  of  the  inquisition,  in  term  or  during  recess,  hear 
a  motion  to  confirm  such  inquisition,  on  such  notice  to  the  parties  as 
he  may  direct,  and  confirm  or  quash  the  same ;  and  if  he  quashes  the 
inquisition  he  shall  order  a  new  one  forthwith  to  be  taken,  but  no  lot 
so  taken  or  enlarged  shall  exceed,  in  the  whole,  one  acre,  including 
the  land  occupied  by  the  school  building. 

How  the  Costa  shall  ie  Paid. 

Sec.  4.  In  all  cases  when  school-house  sites  are  thus  purchased  or 
condemned,  the  costs  thereof  shall  be  paid  as  other  school-house  prop- 
eity  is  paid  for. 

School-Houses — Turn  Built  and  Furnished. 

Sec.  5.  Every  school-house  shall  be  built  and  furnished  according 
to  plans  and  drawing  issued  from  the  office  of  the  County  School 
Commissioners. 

Chapter  VII.— Schools. 
Schools  Designated  by  Xumhers. 

Sec.  1.  The  schools  under  the  charge  of  the  Board  of  County  School 
Commissioners  for  each  county,  shall  respectively  be  designated  school 
number  one,  two,  three  and  so  forth,  of  their  respective  election 
districts. 

Schools  Kept  for  Ten  Months  Yearly. 

Sec  2.  In  every  school-house  district  in  each  county,  established 

as  hereinafter  provided,  there  shall  be  kept  for  ten  months  in  each  year 

if  possible,  one  or  more  schools,  according  to  population,  which  shall 

be  free  to  all  white  youths  over  six  and  under  twenty-one  years  of  age. 

Wluit  shall  ie  Taught  in  Schools. 

Sec  3.  In  every  district  school  there  shall  be  taught  orthography, 
reading,  writing,  English  grammar,  geography,  arithmetic,  history  of 
the  United  States  and  good  behavior,  algebra,  book-keeping,  natural 
philosophy,  the  constitution  of  the  United  States,  the  constitution  of 
the  State  of  Maryland,  and  the  history  of  Maryland,  vocal  music,  draw- 
ing, physiology,  the  laws  of  health,  domestic  economy  shall  also  be 
taught,'  whenever  the  Board  of  District  School  Trustees  shall  deem 
it  expedient,  and  in  districts  where  there  is  a  considerable  German 


2-14  PUBLIC    EDUCATION. 

population,  the  Board  of  County  School  Commissioners  are  author- 
ized to  cause  the  German  language  to  be  taught  if  they  shall  think 
proper  so  to  do. 

Wheti  an  Assistant  may  he  Employed. 

Sec.  4.  "Whenever  a  school  numbers  more  than  fifty  children  in 
average  attendance,  an  assistant  may  be  employed  by  the  Board  of 
County  School  Commissioners ;  and  for  every  additional  forty  chil- 
dren one  teacher  may  be  aj^pointed,  and  the  Board  of  County  School 
Commissioners  shall  direct  the  division  of  the  pupils  so  as  to  form  a 
graded  school. 

When  Schools  may  "be  Graded  and  Closed.,  dte. 

Sec.  5.  Whenever  the  number  of  children  attending  school  in  any 
school  district  is  greater  than  one  hundred,  then  the  Bonrd  of  County 
School  Commissioners  may,  with  the  consent  of  the  Board  of  District 
School  Trustees,  establish  schools  of  different  grades,  or  the  school 
district  may  be  divided;  and  whenever  the  average  attendance  in  any 
school  for  any  two  consecutive  terms  is  less  than  ten  pupils,  then  the 
said  schools  may  be  closed  by  the  Board  of  County  School  Commis- 
sioners ;  Provided,  that  the  Board  of  District  School  Trustees  may 
keep  the  school  open  in  part  at  the  exjjense  of  the  district,  and  shall 
receive  their  proportion  of  the  school  fund  for  said  school,  rating  a 
full  school  at  twenty  scholars. 

Pvhlie  Examinations  Twice  a  Year. 

Sec.  6.  Public  examinations  shall  be  held  in  each  school  twice  a 
year,  of  which  due  notice  shall  be  given,  that  parents  and  others  in- 
terested in  education  may  attend. 

Six  Hours  for  Teaching,  d-e. 

Sec.  7.  Schools  shall  l>e  kept  open  each  week  day  except  Saturday, 
for  six  hours,  and  the  hours  for  teaching  shall  be  regulated  by  the 
several  Boards  of  County  School  Commissioners. 

Penalty  for  DisturMng  Schools. 

Sec  8.  Any  person  who  shall  disturb  any  public  school  in  session, 
shall,  upon  conviction  thereof  before  a  justice  of  the  peace,  be  deemed 
guilty  of  a  misdemeanor,  and  shall  fn-feit  and  pay  twenty  dollars,  to 
be  collected  as  other  tines,  to  be  paid  to  the  Board  of  District  School 
Trustees  for  the  benefit  of  the  school-house  district ;  or  said  offender 
shall  l)e  imi)risoned  not  exceeding  thirty  days,  or  both,  in  the  discre- 
tion of  the  justice  of  the  jjeace. 

Four  Terms  a  Tear — Holidays. 

Sec  9.  The  school  year  shall  be  divided  into  four  terms,  which 
shall  be  designated  the  Fall  term,  Winter  term.  Spring  term,  and  Sum- 
mer term,  and  the  time  of  beginning  and  closing  each  term  shall  be 
regulated  by  the  Board  of  County  School  Commissioners;  Provided, 
that  the  financial  reports  of  the  schools  of  the  State  shall  be  made  up 
and  rendered  to  the  thirtieth  day  of  September,  inclusive,  of  each  and 
every  year ;  and.  Provided  further,  that  there  shall  be  no  change  in  or 
encroachment  upon  the  holidays  and  vacations  set  Ibrth  and  estab- 
lished in  the  following  paragraph.  The  month  of  August  shall  be 
vacation  throughout  tlie  whole  State,  and  tiie  following  days  shall  be 
holidays,  viz.  Tiianksgiving  day,  from  Christmas  Eve  to  the  first  day 
January  inclusive,  Washington's   birthday,  the  fourth  day  of  July, 


PUBLIC   EDUCATION.  245 

from  the  Friday  before  Easter  to  the  Monday  after  Easter,  inclusive, 
and  tlie  Monday  of  Whitsuntide;  and  the  remaining  month  of  vaca- 
tion shall  be  fixed  and  dcsiixnuted  by  the  Botird  of  County  School 
Commissioners,  to  suliserve  tlie  convenience  and  advantage  of  their 
respective  counties.  In  case  it  may  be  necessary  to  oj3en  school  for  a 
Iraction  of  a  term,  it  shall  close  at  the  end  of  the  term,  and  all  accounts 
shall  be  settled  at  the  meeting  of  the  Board  of  County  School  Com- 
missioners held  at  the  close  of  the  term. 

Chaptru  VIII. — Teachers. 

Quail Jicat ions  of  Teachers. 

Sec.  1.  No  person  shall  be  em))loyod  as  a  teacher  under  this  law 
unless  such  person  shall  hold  a  certificate  of  qualification  issued  by 
the  Examiner  of  the  county  in  which  he  or  she  proposes  to  teach,  or 
from  the  Principal  of  the  State  Normal  School  a  diploma  as  graduate 
of  said  Normal  School,  or  certificate  from  the  State  Board  of  Educa- 
tion, as  hereinbefore  provided. 

HoiD  Appointed  and  Removed. 

Sec.  2.  Teachers  shall  be  appointed  by  the  Board  of  District  School 
Trustees,  and  may  be  removed  at  any  time  said  Board  may  think 
l^roper,  after  tliirty  days'  notice  given  to  the  teacher  in  writing, 

No  I'eacher  Paid  Until  Register  is  Returned. 

Sec.  3.  Teachers  shall  enter  into  registers  prepared  for  that  purpose 
an  accurate  account  of  the  attendnnce  of  pupils,  of  text  books  used 
and  branches  tauglit,  and  such  otlier  statistics  as  may  be  required, 
and  make  due  return  thereof  to  the  Board  of  County  School  Commis- 
sioners at  the  end  of  each  term ;  and  no  teacher  shall  be  entitled  to 
receive  payment  for  services  until  the  register  properly  tilled  up  and 
comi)leted  be  so  returned ;  their  report  shall  be  tiled  by  the  said  Board 
for  the  purpose  of  making  the  annual  returns  to  the  State  Board  of 
Education. 

May  Examine  Charges  Preferred  Against  Teachers. 

Sec.  4.  The  Board  of  County  School  Commissioners  shall  examine 
any  cliarge  i)referred  against  the  moral  character  of  any  teacher  with- 
in their  county  ;  they  shall  give  the  teacher  reasonable  notice  of  the 
charge,  in  writing,  and  an  opportunity  to  defend  himself,  and  if  the 
charge  be  sustained  they  shall  annul  the  teacher's  certiticate  and  shall 
give  notice  thereof  to  the  State  Board  of  Education  ;  Provided,  that  an 
appeal  shall  lie  to  the  State  Board  of  Education,  whose  decision  shall 
be  finaL 

When  Life  Certificates  may  he  Granted. 

Sec.  5.  Any  person  holding  a  first  grade  teacher's  certificate,  or  the 
diploma  of  a  respectable  college,  or  of  a  State  Normal  School,  who 
has  been  a  teacher  for  seven  years,  of  which  five  shall  have  been  spent 
in  the  State  of  Maryland,  may  apply  to  the  State  Board  of  Education 
for  a  life  certificate,  which  if  granted  shall  exempt  him  from  any  fur- 
ther examinations  ;  said  certiticate  may  be  annulled  by  said  Board  at 
any  time  on  account  of  immoral  or  unprofessional  conduct. 

Salaries  of  Teachers  Fixed  by  the  Board. 

Sec.  6.  The  salaries  of  teachers  of  each  county  shall  be  fixed  by  the 
Board  of  County  School  Commissioners. 


246  PCJBLIC    EDUCATION. 

Pupils  hetveen  Sit  and  Twenty- One  Years  Admitted. 

Sec.  1.  All  white  youth  between  the  ages  of  six  and  twenty-one 
years  shall  be  admitted  into  the  public  schools  of  the  State,  the  studies 
of  which  they  may  be  able  to  pursue;  Provided,  that  whenever  there 
are  graded  schools  the  teachers  and  Board  of  District  School  Trustees 
shall  determine  to  which  school  pupils  shall  be  admitted. 

Board  may  Suspend  and  Expel  Pupils. 

Sec.  2.  The  Board  of  District  School  Trustees  shall  have  power  to 
suspend  and  expel  pupils  for  cause ;  Provided,  that  an  appeal  shall 
lie  to  the  Board  of  County  School  Commissioners,  whose  decision  shall 
be  tinal. 

When  Children  may  Attend  Adjoining  District  Schools. 

Sec.  3.  Children  living  remote  from  the  school  of  the  district  in 
which  they  reside  may  attend  school  in  an  adjoining  district,  with 
the  consent  of  the  Boards  of  the  resijective  school  districts. 
Every  Child  to  5e   Vaccinated. 

Sec.  4.  Every  child,  before  being  admitted  to  any  public  school, 
shall  produce  a  certificate  from  a  regular  jjhysician  that  he  has  been 
properly  vaccinated. 

Chapter  X. — Text  Books. 

No  Sectarian  or  Partisan  BooJcs. 

Sec.  1.  School  books  shall  contain  nothing  of  a  sectarian  or  partisan 
character. 

When  Books  are  to  he  Changed. 

Sec.  2.  Each  Board  of  County  School  Commissioners  shall  adopt 
and  purchase  the  text  books  for  their  respective  counties,  but  no 
change  shall  be  made  in  the  text  books  at  persent  in  use,  or  hereafter 
introduced,  without  having  examined  such  as  may  be  recommended 
by  the  State  Board  of  Education,  whose  duty  it  is  hereby  made  to 
present  a  list  of  books  to  the  several  Boards  of  County  School  Com- 
missioners, with  their  written  reasons  for  such  recommendations. 

Books  and  Stationery. 

Sec.  3.  The  Board  of  County  School  Commissioners  shall  authorize 
the  delivery  of  books  and  stationery  to  the  various  schools  in  the 
county,  under  such  rules  and  regulations  as  they  may  adojJt.  No 
pupil  shall  be  required  to  pay  more  than  one  dollar  quarterly  for  use 
of  said  books  and  stationery  ;  but  any  pupil,  on  account  of  pecuniary 
inability,  may  be  exem])ted  fi'om  payment  by  the  Board  of  District 
School  Trustees;  Pr<wiVZ«Z,  nevertheless,  that  parents  or  pujjils  may 
purchase  their  own  books  when  they  may  think  proper. 

Board  to  Keep  Account  of  Same. 
Sec.  4.  The  Board  of  County  School  Commissioners  shall  keep  an 
account  of  the  books  and  stationery  delivered  to  the  several  schools 
in  their  respective  districts,  and  file  their  receij^ts  for  the  same. 

Chapter  XL — County  Examiner. 

Examination  of  Candidates  for  2'eachers,  &c. 
Sec.  1.  It  sliall  be  the  duty  of  the  County  Examiner  to  examine 
candidates  for  the  proicssion  of  teacher,  in  the  presence  of  at  least  one 


PUBLIC    EDLCATIOX. 


247 


mem1)cr  of  the  Board  of  County  School  Commissioners,  or  one  or  more 
of  the  District  Trustees,  and  to  jrive  to  such  persons  as  are  found  qual- 
ified, uiHler  the  sanction  of  the  Board  at  its  next  meeting,  a  certificate 
settinir  fortli  the  branches  such  persons  are  competent  to  teach ;  but 
no  certificate  shall  he  granted  without  satisfactory  evidence  of  the 
moral  character  of  the  applicant. 

Cert  ideates  to  he  Registered — How  Graded. 

Sec.  2.  The  certificate  issued  by  each  County  Examiner  shall  be 
numbered  and  registered  in  a  book  kept  by  the  Board  of  County 
School  Commissioners,  and  be  delivered  to  their  successors  in  office, 
and  shall  be  denominated  first  or  =econd  grade,  as  the  case  may  be ; 
and  the  State  Board  of  Education  shall  keep  a  book  in  the  same  man- 
ner as  the  County  Examiner ;  certiticates  of  the  first  grade  shall  em- 
brace orthography,  reading,  writing,  arithmetic,  geography,  history, 
English  grammar,  book-keeping,  algel)ra  and  natural  philosophy  ; 
and  the  second  grade  shall  embrace  orthography,  reading,  writing, 
arithmetic,  geography,  history  and  English  grammar  ;  nor  shall  such 
certificate  continue  in  force  for  more  than  six  months,  unless  the  per- 
son receiving  the  same  shall  satisfy  the  Examiner  of  his  fitness  for 
governing  a  school,  and  his  ability  to  impart  instruction  in  the  vari- 
ous branches  tauccht  in  the  public  schools;  but  when  the  Examiner 
shall  have  satisfied  himself  upon  these  points  he  shall  be  empowered 
to  issue  a  certificate,  which  shall  continue  in  force  for  three  years. 

Age  of  Teachers. 

Sec.  3.  No  certificate  of  qualification  as  a  teacher  shall  be  issued  to 
any  male  under  nineteen  years  of  age,  or  to  a  female  under  seventeen 
years  of  age. 

Exam  I  nations — How  Conducted, 

Sec.  4.  The  County  Examiner  shall  hold  regular  examinations  of 
teachers  at  such  times  as  the  Board  may  direct,  of  which  due  notice 
shall  be  given  in  the  newspapers,  or  otherwise.  No  Examiner  shall 
be  allowed  to  charge  any  fees  for  the  issuincj  of  certificates  to  teach- 
ers; and  if  any  Examiner  shall  be  found  guilty  of  charging  or  receiv- 
ing any  fee  or  reward,  directly  or  indirectly,  for  issuing  any  certificate 
to  a  teacher,  he  shall  be  dismissed  from  office. 

County  Examiner,  cfc,  to  Visit  Schools. 
Sec.  5.  It  shall  be  the  duty  of  the  County  Examiner,  or  his  assist- 
ant, at  least  three  times  in  each  school  year,  to  visit  the  schools  in  his 
county  if  it  contains  fifty  schools  or  less,  and  twice  a  year  in  counties 
having  more  than  fifty  schools ;  he  shall  observe  the  metliod  of  the 
teacher  and  give  him  such  practical  suggestions  as  the  circumstances 
may  prompt;  he  shall,  whenever  possible,  attend  public  examinations 
and  report  quarterly,  in  detail,  the  result  of  his  observations  to  the 
Board  of  County  School  Commissioners. 

Secretary  and  Treasurer  to  Give  Bond — His  Duties. 
Sec.  6.  The  Secretary  and  Treasurer  of  the  Board  of  County  School 
Commissioners  shall  give  bond  to  the  State  of  Maryland  with  at  least 
two  securities,  to  be  approved  by  the  said  Board,  in  such  penal 
sum  as  the  said  Board  shall  determine,  with  the  condition  that  he  will 
faithlully  perform  the  duties  of  Secretary  and  Treasurer,  pay  over  and 


248  PUBLIC    EDUCATION. 

apply  all  moneys  that  shall  come  to  his  hands  or  care  as  Treasurer,  to 
such  persons  and  in  such  manner  as  said  Board  may,  under  the  pro- 
visions of  this  Act,  direct,  and  thnt  he  will  keep  a  full  account  of  all 
moneys  received  and  paid  by  him,  and  all  matters  relating  to  the  du- 
ties of  his  office,  and  preserve  the  same  and  all  vouchers  relating 
thereto,  and  deliver  up  all  books  and  vouchers  relating  to  his  office, 
to  his  successor ;  which  said  bond,  when  executed,  shall  be  filed  in 
the  office  of  the  clerk  of  the  court  for  the  county.  He  shall  be  present 
at  every  meeting  of  the  Board,  and  may  debate  any  question  before 
them,  but  shall  have  no  vote.  He  shall  keep  the  minutes  and  conduct 
the  correspondence,  and  shall  duly  file  away  and  safely  keep  all  let- 
ters, reports  and  other  papers  pertaining  to  the  business  of  the  Board. 
He  shall  prepare  and  submit  to  the  Board  for  their  adoption  the  an- 
nual report  to  the  State  Board  of  Education. 

To  Devote  Their   Whole  Time  to  School  Business. 

Sec.  7.  The  person  or  persons  acting  as  Secretary,  Treasurer  and 
Examiner,  under  the  provisions  of  this  Act,  shall  devote  their  whole 
time  to  jjublic  school  business,  and  shall  receive  such  compensation 
as  the  Board  of  County  School  Commissioners  may  direct. 

Notice  to  Comptroller. 

Sec.  8.  The  Examiner  of  each  county  shall,  on  or  before  the  fifteenth 
day  of  January  in  every  year,  notify  the  Comptroller  how  many  months 
the  schools  of  his  county  have  been  kept  open. 

Chapter  XH. — State  Normal  School. 
State  Normal  School — Principal  to  Eeceive  $2500  per  Year. 
Sec  1.  There  shall  be  located  in  the  city  of  Baltimore  a  State  Nor- 
mal School  for  the  instruction  and  practice  of  tea^^hers  in  the  science 
of  education,  the  art  of  teaching,  and  the  mode  of  governing  schools. 
It  shall  be  under  the  control  of  the  State  Board  of  Education,  who 
shall  appoint  a  23rinci])al  at  a  salary  of  twenty-five  hundred  dollars 
per  annum ;  the  princii^al  of  the  State  Normal  School  shall  not  vote 
upon  the  subject  of  his  appointment  or  removal. 

Sessions  of  the  Normal  School. 

Sec  2.  The  sessions  of  the  State  Normal  School,  until  otherwise 
provided  for  by  the  State,  shall  be  held  in  such  building  as  the  State 
Board  of  Education  select,  the  rent  to  be  paid  out  of  the  fund  pro- 
vided for  its  maintenance. 

Facility  of  the  Normal  School. 

Sec.  3.  The  faculty  of  the  State  Normal  School  shall  consist  of  the 
principal  and  two  male  and  two  female  professors,  who  shall  be  ap- 
pointed by  the  State  Board  of  Education,  and  have  such  salaries,  and 
perform  such  duties  as  said  Board  may  direct. 

To  Keep  Open  Nine  Months. 

Sec  4.  The  sessions  of  the  State  Normal  School  shall  be  determined 
by  the  State  Board  of  Education;  Provided,  that  the  school  shall  be 
open  for  not  less  than  nine  months  in  each  year. 

Students — Who  maxj  he  Admitted,  dc. 
Sec  !).  Students  of  Ijoth  sexes  shall  be  admitted  to  the  State  Nor- 
mal School ;  females  at  the  age  of  sixteen  years,  and  males  at  the  age 


Pi'lil.lC    KDICATION.  249 

of  seventeen  years.  The  students  sliull  he  apijortioncd  Ijy  the  State 
Board  of  Education  anionj;  the  several  counties  and  the  city  of  Balti- 
more in  proportion  to  their  resi)ective  representation  in  the  General 
Assembly  of  the  State.  The  students  shall  be  selected  by  tlie  several 
Boards  of  County  School  Commissioners,  and  the  Board  of  Commis- 
sioners of  Public  Schools  of  the  city  of  Baltimore,  from  among  persons 
having  scholastic  qualifications  hercinl)ef()re  required  for  teachers; 
before  any  appointment  shall  be  made  the  applicants  shall  procure  the 
certificateof  the  County  Examiner,  or  city  superintendent,  in  testimony 
of  their  scholastic  proficiency,  and  shall  also  file  a  written  declaration 
that  their  object  in  obtaining  admission  is  to  qualify  themselves  as 
l)ublic  school  teachers,  and  that  it  is  their  intention  to  engage  in  the 
profession  of  teaching  within  the  State ;  and  in  case  any  students  shall 
fail  to  fulfill  the  condition  upon  which  they  were  admitted,  they  shall 
forfeit  and  pay  thirty  dollars  feu-  each  session  they  have  attended  the 
Normal  School,  to  be  collected  as  other  debts  are  collected,  and  to  be 
applied  for  the  benefit  of  the  Normal  School.  If  there  be  not  ajipli- 
cants  sufficient  from  any  county  or  the  city,  then  the  State  Board  of 
Education  may  fill  all  vacancies  by  selecting  applicants  possessing  the 
requisite  qualifications  from  any  other  portion  of  the  State  in  the  jiro- 
jjortion  aforesaid. 

Additional  Students  Admitted  for  |25  por  Session. 
Sec.  6.  In  addition  to  the  students  admitted  from  the  counties  and 
the  city  of  Baltimore,  who  shall  enjoy  all  the  ])r'vileges  of  the  schools 
and  be  furnished  with  the  use  of  the  text  books,  free  of  charge,  there 
may  be  admitted  in  the  proportion  of  one  to  two  of  the  scholars  se- 
lected by  the  Board  of  City  and  County  School  Commissioners,  other 
I)ersons  having  the  requisite  qualifications,  who  shall  pay  the  sum  of 
twenty-five  dollars  per  session,  and  purchase  their  own  text  books, 
and  be  subject  in  every  respect  to  the  same  rules  and  regulations  as 
the  other  students;  Provided,  that  the  number  of  students  sent  by  the 
State  shall  not  exceed  two  hundred,  and  as  long  as  this  num))er  is  not 
exceeded  by  the  State,  or  after  it  shall  have  been  reached  by  thf  State, 
all  remaining  vacancies  may  be  tilled  by  pay  scholars  to  the  full  ca- 
pacity of  the  school. 

TTve  Course  of  Study. 

Sec.  7.  The  State  Board  of  Education  shall  prescribe  the  course  of 
study,  and  supervise  the  school  in  every  particular  not  provided  lor  in 
this  law;  they  shall  make  provisions  for  model  and  experimental 
primary  and  grammar  schools,  under  qualified  teachers,  in  which  the 
students  of  the  Normal  School  shall  have  an  opportunity  to  jn-actice 
the  modes  of  instruction  and  discipline  inculcated  in  the  Normnl 
School.  The  salaries  of  the  teachers  of  the  model  and  ex])erimental 
schools  shall  be  paid  in  part  from  the  tuition  fees  derived  from  the 
pupils  of  said  model  schools. 

Anmial  Appropriation,  $9500. 

Sec.  8.  The  annual  sum  of  ninety-five  hundred  dollars  is  hereby 
appropriated  for  the  supj)ort  of  the  Normal  School,  to  l)e  paid  in 
quarterly  installments  by  the  Treasurer,  on  the  warrant  of  the  Comp- 
troller, to  the  State  Board  of  Education,  and  to  be  applied  to  the  pay- 
ment of  teachers'  salaries,  and  the  purchase  of  educational  apparatus; 


250  PUBLIC    EDUCATION. 

for  the  salary  of  the  Principal  of  the  Normal  School,  for  text  books, 
stationery,  fuel,  light  and  other  incidental  expenses  of  the  schools. 

Donations  Received. 
Sec.  9.  All  donations  or  bequests  of  money  or  personal  property, 
and  all  grants  or  devises  of  lands  for  the  benefit  of  the  State  Normal 
School,  shall  be  held  in  trust  by  the  State  Board  of  Education. 

The  Board  to  Report  to  the  Governor.,  in  January. 

Sec.  It).  The  State  Board  of  Education  shall,  on  or  before  the  fif- 
teenth day  of  January  in  each  and  every  year,  make  a  report  to  the 
Governor  of  the  condition  of  the  schools  of  the  State,  a  statement  of 
the  apportionment  of  money  to  the  counties  and  the  city  of  Baltimore 
for  the  support  of  schools,  an  abstract  of  the  reports  received  from  the 
Board  of  Covxnty  School  Commissioners,  togetlier  with  such  sugges- 
tions for  the  improvement  of  schools  and  the  advancement  of  public 
education  as  the  State  Board  of  Education  shall  deem  expedient. 

Report  to  le  Printed. 

Sec.  11.  And  the  Governor  shall  cause  three  thousand  copies  of  said 
rejDort  to  be  printed  and  distributed  to  the  members  of  the  Legisla- 
ture in  those  years  in  which  there  is  no  session  of  the  Legislature. 

Chapter  XIII. — Teachers'  Institutes. 

Teacliers'  Institute  to  be  held  Yearly. 

Sec.  1.  A  teachers'  institute,  to  continue  five  days,  shall  be  held  du- 
ring vacation  in  each  county  once  a  year,  and  the  County  Examiner 
shall  be  present,  and  shall  give  normal  instruction  to  the  teachers 
each  day. 

Who  Fixes  the  Time  of  Meeting. 

Sec.  2.  The  Principal  of  the  State  Normal  School  shall  fix  the  time 
of  the  meeting  of  the  institute,  and  it  shall  be  the  duty  of  the  County 
Examiner  to  notify  each  teacher  of  the  time  and  place  of  meeting. 

Design  of  the  Institutes. 

Sec.  3.  These  institutes  being  designed  as  temporary  Normal 
Schools,  shall  l^e  presided  over  by  the  Principal  or  one  of  the  Profess- 
ors of  the  State  Normal  School,  if  he  can  be  present,  assisted  by  the 
County  Examiner,  and  any  memljer  of  the  Board  of  County  School 
Commissioners  who  may  choose  to  attend. 

Who  Selects  the  Place  of  Meeting. 

Sec.  4.  The  President  of  the  Board  of  County  School  Commission- 
ers shall  select  the  place  of  meeting. 

Chapter  XIV. — Teachers'  Associations. 
Teachers''  Associations. 
Sec.  1.  District,  County  and  State  Teachers'  Associations  are  re- 
commended as  important  means  of  elevating  the  standard  of  public 
education  by  mutual  conference,  intercliauge  of  views  and  suggestions 
as  to  systems  of  teaching  and  discipline. 

IIow  Organized,  &e. 
Sec.  2.  It  shall  be  the  care  of  tlie  County  Examiner  to  aid  in  the 
organisation  of  these  associations,  to  encourage  attendance,  to  secure 


PUBLIC    EDUCATION.  ^-'l 

competent  lecturers,  and  to  impart  such  information  as  -will  encourage 
teachers  in  their  work,  and  tit  them  for  the  performance  of  their 
duties. 

May  Occupy  School- Ilotises. 
Sec.  3.  These  associations  may  occupy  any  of  the  school-houses. 

Chapter  XV. — District  Libraries. 

District  Libraries. 
Sec.  1.  For  the  further  encouragement  of  education,  district  libra- 
ries ought  to  be  established  in  each  school  house  district,  under  the 
care  of  the  teacher,  as  librarian.  For  this  purpose  the  sum  often  dol- 
lars per  annum  is  ordered  to  be  paid  by  the  Board  of  County  School 
Commissioners  out  of  the  State  School  Fund,  to  any  school-house  dis- 
trict as  library  money,  as  long  as  the  people  of  the  district  raise  the 
same  amount  annually.  The  books  must  be  selected  by  the  Board  of 
District  School  Trustees. 

Chapter  XVI. — The  City  op  Baltimore. 

TTie  City  of  Baltimore — Independent  Si/stem  of  Schools  Established 

by  Mayor  and  City  Council. 

Sec.  1.  The  Mayor  and  City  Council  of  the  city  of  Baltimore  shall 
have  full  power  and  authority  to  establish  in  said  city  a  system  of  free 
public  schools,  under  such  ordinances,  rules  and  regulations  as  they 
may  deem  fit  and  jaroper  to  enact  and  prescribe ;  they  may  delegate 
supervisory  powers  and  control  to  a  Board  of  School  Commissioners ; 
may  prescribe  rules  for  building  school-houses,  and  locating,  establish- 
ing and  closing  schools,  and  may  in  general  do  every  act  that  may  be 
necessary  or  proper  in  the  premises. 

Powers  of  Board  of  Commissioners  of  Baltimore  City. 

Sec.  2.  The  Board  of  Commissioners  of  Public  Schools  of  Balti- 
more city,  or  by  whatever  name  the  body  may  be  known  that  has  su- 
])ervisory  powers  and  control  over  the  Public  Schools  of  Baltimore 
i-ity,  shall  have  power  to  examine,  appoint  and  remove  teachers,  pre- 
scribe the  qualifications,  fix  the  salaries  subject  to  the  approval  of  the 
Mayor  and  City  Council,  and  select  text  books  for  the  schools  of  said 
I'ity  ;  Provided.,  such  text  books  shall  contain  nothing  of  a  sectarian 
or  jiartisan  character.  The  Board  of  Commissioners  of  Public  Schools 
of  said  city  shall  annually  make  a  report  to  the  State  Board  of  Educa- 
tion of  the  condition  of  the  schools  under  their  charge,  to  include  a 
statement  of  expenditures,  the  number  of  children  taught,  and  such 
other  statistical  information  as  may  be  necessary  to  exhibit  the  opera- 
tion of  the  schools. 

Protection  of  School-Houses,  d-c. 

Sec  3.  The  Mayor  and  City  Council  of  Baltimore  shall  have  power 
and  authority  to  make  all  ordinances  for  the  protection  of  the  school- 
houses  and  property,  and  to  punish  any  person  who  may  disturb  the 
sessions  of  said  public  schools. 

City  Council  to  Levy  Taxes  for  Schools. 
Sec  4.  And  the  said  Mayor  and  City  Coimcil  are  hereby  authorized 
and  empowered  to  levy  and  collect  upon  the  assessable  property  in 


252  PrBLIC    EDUCATION. 

said  city,  as  other  taxes  are  levied  and  collected,  such  amount  of  tax- 
es as  may  be  necessary  to  defray  all  the  expenses  incurred  for  educa- 
tional purposes  by  said  Mayor  and  City  Council. 

Chapter  XVII. — High  Schools. 

Uigh  Schools  in  the  Counties. 
Sec.  1.  It  shall  be  the  duty  of  the  Board  of  County  School  Commis- 
sioners, when  any  election  district  or  any  contiguous  election  districts 
shall  present  a  buildinj?  for  a  high  school,  in  said  district  or  districts, 
to  accept  the  same,  (if  in  the  judguif'nt  of  the  Board  there  is  any  ne- 
cessity therefor,)  and  thereafter  j^rovide  for  maintenance  of  a  higli 
school  in  said  district  or  districts,  and  the  salaries  of  teachers  out  of 
the  general  school  fund. 

High  School  Commissioners  may  ie  Appointed. 
Sec.  2.  If  the  high  school  be  established  by  a  district  or  districts, 
the  Board  of  County  School  Commissioners  shall  appoint  three  per- 
sons, who  shall  constitute  a  Board  of  High  School  Commissioners, 
and  exercise  like  authority  over  said  school  as  hereinbefore  provided 
for  Boards  of  District  School  Trustees  ;  but  high  schools  established 
by  the  county  shall  be  under  the  direct  control  of  the  Board  of  Coun- 
ty School  Commissioners. 

High  School  Visited  and  Examined. 
Sec.  3.  Each  high  school  shall  be  visited  and  examined  annually 
by  the  Principal  of  the  State  Normal  School  or  a  professor  thereol  ; 
such  high  school  shall  also  be  visited  at  least  once  in  each  school 
term  by  the  County  Examiner,  who  shall  report  quarterly  to  the  Board 
of  County  School  Commissioners  the  result  of  his  observations. 

Military  Tactics  may  ie  Taught. 
Sec.  4.  If  practicable,  military  tactics  may  form  a  department  in 
every  high  school. 

Chapter  XVIII. — Schools  for  Colored  Children. 
Schools  for  Colored  Children  to  he  Established. 

Sec.  1.  It  shall  be  the  duty  of  the  Board  of  County  School  Commis- 
sioners to  establish  one  or  more  public  schools  in  each  election  dis 
trict  for  all  colored  youth  between  six  and  twenty  years  of  age,  to 
which  aflmissi(m  shall  be  free,  and  which  shall  be  kept  open  as  long 
as  the  other  public  schools  of  the  particular  county;  Pi-ovided,  the 
average  attendance  be  not  less  than  tifteen  scholars. 
Under  the  Direction  of  Trustees. 

Sec  2.  These  schools  shall  be  under  the  direction  of  the  Board  of 
District  School  Trustees  of  the  respective  schot)l  districts  within  the 
limits  of  which  they  are  establislied ;  they  shall  be  subject  to  tlie  same 
laws,  and  furnished  instruction  in  the  same  branches  as  the  schools 
for  the  white  children. 

Hoio  Appropriation  is  Apportioned. 
Sec  3.  The  Comptroller  shall  apportion  the  sum  appropriated  for 
the  support  of  the  colored  schools  of  the  several  counties  and  the  city 
of  Baltimore,  in  pro})ortion  to  their  respective  colored  po])ulation  be- 
tween the  ages  of  tive  and  twenty  years;  said  apportionment  to  be 
made  at  the  time  he  apportions  the  levy  for  the  white  schools. 


PUBLIC   EDUCATION.  253 

Tarea  Paid  hj  Colored  People,  &c.  to  go  to  Colored  Schwh. 
Sec.  4.  Tlio  total  amount  of  taxes  paid  for  school  ))urposes  by  the 
colored   jjoople  of  any  county,  or  in   the  city  of  lialtimore,  totrether 
with  any  donations  that  may  be  made  for  the  purpose,  shall  also  be 
devoted  to  the  maintenance  of  the  schools  for  colored  children. 


Chapter  XIX. — Sources  of  Income. 
State  Tax  Levied  for  Schooh — Horn  Distributed. 
Skc.  1.  A  State  tax  often  cents  on  eacli  one  hundred  dollars  of  tax- 
able })roperty  throughout  the  State  shall  be  levied  annually  for  the 
support  of  free  public  schools  and  the  Maryland  State  Normal  School, 
which  tax  shall  be  collected  at  the  same  time  and  by  the  same  airents 
as  the  general  State  levy,  and  shall  be  paid  into  the  treasury  of  the 
State,  to  be  distriljuted  by  the  Treasurer  to  the  Boards  of  School 
Commissioners  of  the  city  of  Baltimore  and  the  several  counties. 

Free  School  Fund — IIoid  Disbursed. 

Sec.  2.  The  Treasurer,  on  the  warrant  of  the  Comptroller,  shall  pay, 
as  heretofore,  to  each  of  the  counties  and  the  city  of  Baltimore,  the 
proportion  of  the  free  school  fund  to  which  sucli  city  or  eouiity  is  en- 
titled under  the  provisions  of  the  laws  and  resolutions  existing  at  the 
time  tliis  Act  is  adopted  ;  and  he  shall  pay  the  same  to  the  Treasurer 
of  the  Board  of  School  Commissioners  of  Baltimore  city  and  the  sev- 
eral counties;  and  the  several  colleges  and  academies  shall  respeetive- 
ly  receive  the  donations  granted  to  them  by  any  laws  or  resolutions  of 
the  General  Assembly,  subject  to  the  conditions  annexed  thereto. 

Property  may  be  Held  in  Trmt  for  ScJiooIs. 

Sec.  3.  Real  and  personal  estate  granted,  conveyed,  devised  or  be- 
queathed for  the  use  of  any  particular  county  or  school  district,  shall 
be  held  in  trust  by  the  Board  of  County  School  Commissioners  for  the 
benefit  of  such  county  or  school  district,  and  such  grants  and  bequests 
shall  be  exempt  from  all  State  and  county  taxes. 

What  Moneys  Exempted  from  Ta.vation. 

Sec.  4.  Moneys  invested  prior  to  the  passage  of  this  Act,  in  trust 
for  the  benefit  of  the  pul^lic  schools  for  any  county  or  city,  shall  be  ex- 
empt from  State,  county  or  local  tax. 

How  Comptroller  is  to  Apjjortion  the  School  Tax. 

Sec  5.  As  soon  as  the  Comptroller  shall  have  received  from  the  city 
of  Baltimore  and  the  several  counties,  returns  of  the  amount  of  the 
State  School  Tax  levied  in  each  county  and  the  city  of  Baltimore,  he 
shall  immediately  thereafter  apportion  the  amount  of  the  whole  levy 
to  the  several  counties  and  the  city  of  Baltimore,  in  proportion  to 
their  respective  ))opulation  between  the  ages  of  live  and  twenty  years. 

Wlwa  it  shall  be  Apportioned  and  Paid. 

Sec.  6.  On  the  fifteenth  day  of  June,  the  first  day  of  October,  the 
first  day  of  January,  and  the  fifteenth  day  of  March,  in  each  year,  the 
Comptroller  shall  apportion  the  amount  of  school  tax  received  by  the 
Treasurer  among  the  several  counties  and  the  city  of  Baltimore,  in 
pro])ortion  to  the  whole  amount  ap])ortioned  to  each  by  the  Comp- 
troller, and  he  shall  notify  the  State  Board  of  Education  and  the  Trea- 


254  PUBLIC    EDUCATION. 

surer  of  the  several  Boards  of  the  County  School  Commissioners  of  the 
counties  and  city  of  Baltimore,  of  the  amount  of  tax  due  to  each  coun- 
ty and  the  city  of  Baltimore,  on  the  several  days  aforesaid,  and  the 
Treasurer  shall  pay  the  several  amounts  within  ten  days  after  said  no- 
tification, upon  the  draft  of  the  President  and  Secretary  of  the  several 
Boards  of  County  School  Commissioners  aforesaid ;  Provided,  also,  that 
if  in  any  county  the  schools  shall  be  kept  open  less  than  seven  and 
a-half  months  of  the  year,  ending  December  thirty-first,  the  Comp- 
troller shall  withhold  from  such  county  the  April  installment  of  the 
State  school  tax. 

Insolvencies  and  Abatements. 

Sec.  7.  When  the  levy  of  any  year  shall  have  been  collected,  the 
Comptroller  shall  apportion  among  the  several  counties  and  the  city 
of  Baltimore  the  amount  allowed  on  the  levy  for  insolvencies  and 
aliatemcnts,  and  shall  ti-ansmit  a  statement  of  the  same  to  the  State 
Board  of  Education. 

Miscellaneous. 

PuhJic  School  Officers  to  Serve  Out  Their  Terms,  &c. 
Sec.  1.  The  present  Boards  of  County  School  Commissioners,  and 
the  Secretaries,  Treasurers,  Examiners  and  District  School  Trustees, 
appointed  under  them,  shnll  serve  out  the  full  term  for  which  they 
were  severally  appointed,  unless  now  or  hereafter  disqualified  under 
the  provisions  of  this  Act.  The  Judges  of  the  Circuit  Court  in  the 
respective  counties  are  emjiowered  to  fill  any  vacancies  which  may 
exist  or  which  may  occur  in  the  j^resent  Boards  of  County  School 
Commissioners. 

Schools  Free  to  Each  County,  &e. 

Sec.  2.  Schools  on  or  near  the  dividing  line  of  two  counties  shall 
be  free  to  the  children  of  each  county;  and  the  Board  of  County 
School  Commissioners  of  the  respective  counties  shall  have  power  to 
provide  jointly  for  the  maintenance  of  said  schools. 


MILITIA  AND  MILITARY  AFFAIRS. 

Constitution. — Akticle  IX. 

The  provisions  of  the  Constitution  relating  to  the  Militia  and  its 
ofFiceis,  are  contained  in  Article  9. 

Organisation  and  Equipment — Volunteers. 
Sec.  1.  The  General  Assembly  shall  make,  from  time  to  time,  such 
l)rovision  for  organizing,  equipping  and  disciplining  the  Militia,  as 
the  exigency  may  lequire,  and  pass  such  Laws  to  promote  Volunteer 
Militia  Organizations  as  may  afford  them  effectual  encouragement. 

Adjutant  Geiieral— Duties  and  Compensation. 
Sec.  2.  There  shall  lie  an  Adjutant  General  appointed  by  the  Gov- 
ernor, by  and  with  the  advice  and  consent  of  the  Senate.  He  shall 
liold  his  office  until  the  appointment  and  qualification  of  his  success- 
or, or  until  removed  in  pursuance  of  the  sentence  of  a  Court  Martial. 
He  sliall  perform  such  duties,  ami  receive  such  compensation,  or  emol- 
uments, as  are  now,  or  may  be  prescribed  by  law.  He  shall  discharge 
the  duties  of  his  office  at  the  seat  of  Government,  unless  absent,  under 
orders,  on  duty  ;  and  no  other  officer  of  the  General  Staff  of  the  Militia 
shall  receive  salary  or  pay,  except  when  on  service  and  mustered  in 
with  trooi^s. 

Existing  Law  to  Expire. 

Sec.  3.  The  existing  Militia  Law  of  the  State  shall  expire  at  the 
end  of  the  next  Session  of  the  General  Assembly,  except  so  far  as  it 
may  be  re-enacted,  subject  to  the  provisions  of  this  Article. 


THE   GENERAL  LAWS   RELATING   TO   MILITL\. 

The  jDrovisions  of  the  Public  General  Laws  relating  to  the  Militia, 
are  contained  in  Article  63,  1870,  chapter  182,  as  follows: 

The  Militia  and  Exempts. 
Art.  63,  Sec.  1.  The  Militia  of  this  State  shall  consist  of  all  able- 
bodied  white  male  citizens,  between  the  ages  of  eighteen  and  forty-five 
years,  and  not  exom])t  by  the  laws  of  the  United  States,  except  the 
Comptroller,  the  Treasurer,  the  Secretary  of  State,  Judges  and  Clerks 
of  Courts  of  Record,  Registers  of  Wills,  Sheriffs,  and  Ministers  of  any 
religious  denomination.  And  it  sliall  be  the  duty  of  the  different 
Officers  of  Regi'^tration  throughout  the  State  to  furnish  annually  to 
the  Adjutant  General  a  list  of  all  persons  in  their  respective  districts 
composing  the  Militia  as  aforesaid. 

When  to  ie  Ordered  Out. 
Sec.  2.  In  case  of  war,  rebellion,  insurrection  or  threatened  invasion 
of  this  or  any  neighboring  State,  the  Governor,  as  Commander-in- 
Chief,  is  hereby  authorized  to  order  out  for  actual  service,  either  by 
calling  for  volunteers,  by  draft  or  otherwise,  as  many  of  the  Militia  as 
17 


25G  MILITIA    AKD    MILITARY    AFFAIRS. 

the  exigency  may,  in  his  judgment,  require;  and  in  such  case  he  is 
hereby  vested  witli  tlie  full  power  and  authority  to  make  all  ne<^dful 
rules  and  regulations  therefor,  which  rules  and  regulations  shall  have 
the  force  of  law. 

Rules  and  Regulations. 

Sec.  3.  At  all  times  the  Commander-in-Chief  is  hereby  authorized 
to  make  and  publish  all  needful  rules  and  regulations  for  the  control, 
disci])line,  armament  and  equipment  of  the  ^liiitia,  to  carry  out  the 
provisions  of  this  Act,  which  rules  and  regulations  shall,  as  far  as 
practical)le,  conform  to  the  laws  and  regulations  governing  the  organ- 
izing of  the  United  States  volunteer  forces,  their  discipline,  armament, 
equipment  and  officers,  and  which  rules  and  regulations  shall  have 
the  force  of  law. 

Enrollment  and  Organization. 

Sec.  4.  The  enrollment  and  organization  of  the  Militia  of  this  State 
into  divisions,  brigades,  regiments,  battalions,  squadrons,  batteries 
and  companies,  as  numtiered  and  recorded  in  the  office  of  the  Adju- 
tant General  shall  continue,  subject  to  be  altered  by  the  Commander- 
in-Chiei  from  time  to  time,  as  he  may  direct. 

Volunteer  Companies — Row  Formed. 

Sec.  5.  Whenever  a  sufficient  number  of  the  Militia  shall  meet  to- 
gether and  declare  their  purpose  in  writing  to  form  a  volunteer  com- 
pany, by  subscribing  their  names  to  an  agreement  to  that  effect,  they 
may  proceed  to  elect  company  officers  as  provided  in  Section  9  of 
this  Article,  provided  their  numbers  shall  not  consist  of  less  than  for- 
ty nor  more  than  eighty  persons.  The  Captain  elect  shall  thereupon 
transmit  to  the  Adjutant  General  the  original  agreement,  signed  by  the 
members,  proposing  to  organize  said  company,  together  with  the  pro- 
ceedings of  the  meeting  held  of  the  election,  duly  attested  by  its  chair- 
man and  secretary;  and  whenever  the  said  officers  elect  are  commis- 
8i(med  by  the  Governor  as  provided  in  Section  10,  and  the  oaths  of 
office  as  provided  in  section  twenty-three  of  this  Article,  shall  have 
been  taken  and  subscribed  by  the  meml^ers  thereof,  said  organization 
shall  be  a  legally  organized  volunteer  company  of  the  Militia  of  this 
State,  subject  to  the  requirements,  and  entitled  to  all  the  benefits  and 
privileges  of  this  Act. 

General  Staff — How  Appointed. 

Sec.  6.  The  General  Staff  of  the  Militia  shall  consist  of  an  Adjutant 
General,  with  the  rank  of  Major  General,  and  salary  at  the  rate  of  two 
thousand  dollars  a  year,  and  a  Quartermaster  General,  a  Commissary 
General,  a  Chief  Engineer,  a  Chief  of  Ordnance,  a  Chief  of  Artillery, 
a  Chief  of  Cavalry,  an  Inspector  General,  a  Paymaster  General,  a  Sur- 
geon Genenil  and  Judge  Advocate  General,  who  shall  have  the  rank 
of  Brigadier  General,  and  shall  be  appointed  by  the  Governor,  by  and 
with  the  advice  and  consent  of  the  Senate,  and  hold  office  until  the 
aj)pointment  and  qualification  of  tlieir  successors,  or  until  removed  in 
pursuance  of  the  sentence  of  a  court-martial;  and  the  Governor  is 
hereby  empowered  to  apjjoint  such  number  of  Aides-de-Camp,  witli 
the  rank  of  Colonel,  as  may  be  necessary  to  the  discharge  of  his  duties 
as  Commander-in-Chief. 


MILITIA    AND    MILITAIiY    AFFAIRS. 


25*; 


Duties  of  Adjutant  General. 

Sec.  7.  The  duties  of  tlie  Adjutant  General  sliall  be  as  follows,  to 
wit :  He  shall  issue,  siirn  and  transmit  all  Lceneral  or  special  orders  of 
tlie  Commander-in-Chief  to  the  several  military  officers  throuijh  the 
])ropcr  channels,  and  shall  keep  a  record  of  the  same;  he  shall  enter- 
on  record  a  descrii)ti{)n  of  tlie  divisions,  brigades,  regiments,  battal- 
ions, squadrons,  Ijatteries  and  companies,  which  are  or  may  hereafter 
be  formed,  and  every  alteration  thereof,  showing  the  name,  rank,  num- 
ber and  date  of  commission,  office  and  residence  of  each  officer  an<l 
member,  and  shall  revise  said  roster  annually;  he  shall  make  out  and 
issue  all  commissions  and  discharges  directed  by  the  Commander-in- 
Chief;  he  shall  prepare  and  provide  the  necessary  rosters,  books  of 
record,  forms,  blanks  lor  commissions,  returns  and  other  papers  re- 
quired under  this  Act,  and  distribute  them  to  commanding  officers 
entitled  to  receive  the  same,  on  proper  requisition  therefor;  he  shall 
])L'  chariied  with  all  correspondence  between  the  Commander-in-Chic-J 
and  officials  of  the  several  States  and  Territories,  the  Secretary  of 
War,  the  Adjutant  General  of  the  Army  of  the  United  States,  and 
otlK'r  persons  in  official  stations,  on  the  subject  of  military  affairs,  and 
keep  a  record  of  such  correspondence.  He  shall  annually  make  a  re- 
turn, in  triplicate,  of  all  the  Militia  of  this  State,  on  or  before  the  first 
day  of  January ;  one  copy  to  be  delivered  to  the  Commander-in-Chief, 
one  co])y  to  be  transmitted  to  the  Adjutant  General  of  the  United 
States  Armv,  and  one  copy  to  be  tiled  in  his  own  office.  He  shall  re- 
ceive and  tile  all  returns  made  to  him  according  to  law,  and  annually 
make  a  detailed  report  thereof  to  the  Commander-in-Chief  and  he 
shall  also  perform  such  other  duties  as  may  properly  belong  to  his 
office,  or  which  may  be  prescribed  by  the  Command'^r-in-Chief,  and 
lie  shall  keep  his  office  and  discharge  the  duties  thereof  at  Annapolis. 
Ojficers  of  General  Staff  to  Perform  Duties. 

Sec.  8.  The  other  officers  of  the  General  Statf  of  the  ;Militia,  shall, 
when  directed  by  the  Commander-in-Chief,  and  under  rules  and  regu- 
lations that  may  be  prescribed  by  him.  perform  the  duties  that  prop- 
erly Ijelong  to  their  several  offices,  or  such  other  duties  as  may  be  as- 
siLrned  to  them  by  the  Commander-in-Chief,  but  they  shall  receive  no 
compensation  therefor,  except  when  on  actual  service,  by  command  of 
the  Commander-in-Chief,  and  mustered  in  with  the  troops. 
AU  Officers  Elected  ly  Ballot. 

Skc.  9.  All  field  officers  of  regiments  and  battalions  shall  be  elected 
by  the  ballots  of  the  commissioned  officers  of  the  companies  compos- 
ing said  regiments  or  battalions;  all  Generals  of  brigades  or  divisions 
shall  be  elected  by  the  ballots  of  the  commanding  officers  of  the  regi- 
ments and  battalions  comprising  said  Ijrigades  or  divisions;  company 
officers  shall  be  elected  by  the  ballots  of  the  members  of  their  re- 
spective companies ;  proviihd,  that  at  such  elections  a  majority  of  the 
ballots  of  the  qualified  voters  shall  be  requisite  to  an  election.  The 
commissioned  and  non-commissioned  statf  shall  be  appointed  by  the 
commanding  ofiicer  of  the  respective  division,  brigade,  regiment,  bat- 
talion, or  squadron;  non-commissioned  officers  of  companies  shall  be 
a])pointed  by  the  commanders  of  their  respective  com])anies;  and 
warrants  of  non-commissioned  officers  shall  be  issued  by  their  respect- 
ive regimental  or  battalion  commanders. 


258  MILITIA   AND   MILITAKY   AFFAIRS. 

Commissioned  Officers — Vacancy,  Hoin  Filled. 
Sec.  10.  All  commissioned  officers  of  the  Militia  shall  be  commis- 
sioned by  the  Governor,  who  may,  in  his  discretion,  withliold  such 
commission,  in  order  to  determine  the  qualification  of  the  person  for 
the  office  to  which  he  shall  have  been  elected  or  appointed ;  and  if 
upon  reference  to  an  examining  Board,  appointed  as  hereinafter  pro- 
vided, an  elected  or  appointed  officer  shall  be  adjudged  unqualified 
by  a  majority  of  said  board,  then  another  officer  shall,  within  ten  days, 
after  due  notice  given  in  writing  to  the  xVdjutant  General,  to  whom 
the  presiding  officer  of  said  Board  shall  report,  be  elected  or  appoint- 
ed, as  provided  for  by  this  Article,  and  in  default  of  such  election  or 
appointment,  the  vacancy  shall  be  filled  by  the  Commander-in-Chief. 

Companies  to  Adopt  By-Laws. 

Sec.  11.  Every  organized  comp-iny  of  volunteer  Militia  may,  by  a 
vote  of  a  majority  of  its  officers,  adopt  By-Laws,  which,  when  approved 
by  the  commanding  officer  of  the  regiment,  battalion,  squadron  or 
l»attery,  or  independent  organization,  to  which  said  company  belongs, 
and  approved  by  the  Adjutant  General,  shall  be  binding  upon  all  the 
members  of  such  company;  provided,  that  nothing  therein  shall  be 
inconsistent  with  the  Constitution  or  Laws  of  this  State,  or  of  the 
United  States,  or  the  rules  and  regulations  prescribed  by  tlie  Com- 
mander-in-Chief; and  whenever  any  fine  or  jjenalty  for  absence  from 
drill,  neglect  of  duty  or  other  cause,  shall  be  imposed  by  virtue  of  such 
By-Laws,  the  same  may  be  collected  by  execution  in  the  same  manner 
as  judgments  rendered  by  a  Justice  of  the  Peace,  for  the  use  of  said 
company,  upon  a  statement  certified  by  the  commanding  officer  there- 
of, showing  how,  when,  and  for  what  amount  said  fine  or  penalty  was 
assessed. 

Distrihution  of  Arms,  &c. 

Sec.  12.  The  Commander-in-Chief  shall  prescribe  such  rules,  orders 
and  regulations  for  the  distribution  of  arms,  accoutrements  and  am- 
munition as  he  may  deem  proper,  as  also  for  the  safe  keeping  and 
return  of  all  such  proj^erty ;  which  rules  and  regulations  shall  have 
the  force  of  law. 

Adjutant  General  to  Furnish  Arms  and  Equipments. 

Sec.  13.  The  Commander-in-Chief,  within  the  limit  of  the  appro- 
priations by  Act  of  the  General  Assembly,  shall  authorize  the  Adju- 
tant General  to  furnisli  with  the  necessary  arms  and  equipments,  such 
companies  of  cavalry,  artillery  and  infantry,  when  duly  organized 
under  this  law,  as  he  may  deem  necessary  for  the  proper  enforcement 
of  the  laws;  and  the  commanding  officer  of  each  company  shall  give 
a  good  and  sufficient  liond  to  the  State  of  Maryland,  to  be  approved 
l>y  the  Adjutant  General,  for  the  safe  keeping  and  return  of  such  arms 
and  equipments,  which  shall  remain  and  continue  to  be  the  property 
of  the  State,  to  be  used  for  military  purposes  only,  and  which  shall 
be  returned  to  the  State  when  called  lor  !)y  the  Commander-in-Chief; 
provided,  however,  that  all  arms,  ammunition,  equipments,  or  other 
supplies  directed  to  be  furnished  by  the  Governor  under  the  pro- 
visions of  this  Act,  shall  be  so  furnished  by  contracts  made  with  the 
lowest  responsible  bidder,  upon  public  notice,  and  the  officer  making 
such  contracts  shall  certify  the  account  with  explicit  vouchers,  and 


I 
1 


MILITIA    AND    MlhlTATlY    AFFAIU3.  259 

transmit  tlic  s:uiie,  countersiLTiioil  and  ap])roved  by  the  Governor,  to 
the  Coni])tn'ller,  l()r  liiial  seitlenieiit,  in  the  mode  and  manner  pre- 
scribed in  the  Constitution  for  the  audit  and  payment  of  claims 
against  the  State, 

Officers  Accountable  for  PuMic  Property. 

Sec.  14.  Any  officer  rcccivinc,^  arms  and  equijjments,  or  other  public 
property  for  military  use,  shall  be  accountable  for  the  same,  and  sliall 
not  be  discharged  from  his  obligations  theroibr,  until  he  has  vr.iperly 
accounted  for  said  amis  and  equipments  or  other  property,  either  by 
receipt  from  his  successor  in  command,  or  some  other  officer  autlior- 
ized  to  receive  the  same  for  the  articles  received  by  him,  in  good 
order  and  condition,  reasonable  use  and  wear  excepted,  or  by  satis- 
factory proof  to  the  Adjutant  General  that  any  article  not  so  accounted 
for  has  Ijeen  properly  expended  in  the  service,  or  defaced,  injured, 
lost,  or  destroyed,  without  any  default  or  neglect  on  his  part;  and  if 
lost,  defaced  or  destroyed  through  the  misconduct  of  any  person,  that 
reasonable  eflbrts  have  been  made  by  him  to  recover  or  prosecute  for 
the  same;  and  it  shall  be  the  duty  of  the  Adjutant  General  to  enter 
suit  on  the  bond  of  any  officer,  in  the  name  of  the  State  of  Maryland, 
for  the  value  of  such  property  as  may  have  been  defaced,  injured,  lost, 
or  destroyed,  after  being  received  by  him,  and  which  has  not  been 
properly  accounted  for  by  him  as  aforesaid;  and  the  officer  succeeding 
to  the  command  of  a  company  shall,  before  being  commissioned,  be 
required  to  iile  a  bond  to  the  State,  as  hereinbefore  prescribed,  for 
the  sale  keeping  and  return  of  all  property  of  the  State  in  the  posses- 
sion of  said  company,  upon  the  terms  and  conditions  imposed  upon 
the  officer  or  officers  by  whom  said  property  was  received. 
Arms  to  he  Deposited  in  Armory  when  Required. 

Sec.  15.  All  arms,  equipments  or  other  property,  which  may  have 
been  furnished  to  volunteer  companies  shall,  when  required  by  the 
commanding  officers  of  the  company,  battery,  battalion,  squadron  or 
regiment,  be  deposited  in  the  arnmry  of  said  company,  battery,  l)at- 
talion,  squadron  or  regiment,  and  failure  so  to  deposit  as  aforesaid, 
any  article  of  such  property  by  the  person  to  whom  it  was  issued,  ten 
days  after  he  shall  have  been  notified  by  written  notice  from  tlie  com- 
manding officer  as  aforesaid,  to  return  it  to  the  armory,  shall  be  pun- 
ished by  a  fine  of  not  less  than  five  nor  more  than  fifteen  dollars,  to 
be  recovered  as  provided  in  Section  11  of  this  Article. 
Malicious  Injury  to  Arms^  dc,  Punishable. 

Sec.  16.  Whoever  shall  wilfully  or  maliciously  destroy,  injure  or 
deface  any  arms  or  other  article  of  military  property  belonging  to 
the  State,  shall  be  deemed  guilty  of  a  misdemeanor,  and  shall  be 
punished  by  a  fine  not  exceeding  double  the  amount  of  the  value  of 
the  ])roperty  so  injured  or  defaced,  to  be  recovered  on  complaint  of 
the  commander  of  the  company  as  provided  in  the  preceding  section, 
or  by  imprisonment  in  the  county  or  city  jail  for  not  less  than  two 
weeks  nor  more  than  two  months. 

Sale,  d-c,  of  Arms,  tfic,  a  Misdemeanor. 

Sec.  17.  Whoever  shall  secrete,  sell,  dispose  of,  ofi"er  for  sale,  or  in 
any  manner  pawn  or  pledge,  or  receive  in  pawn  or  pledge,  or  buy 
any  arms  or  equipments,  or  any  part  or  j)arts  thereof,  the  property  of 


260  MILITIA    AND   MILITRRY   AFFAIRS. 

the  State,  sliall  be  deemed  guilty  of  misdemeanor,  and  shall,  on  con- 
viction thereof,  1)6  punished  by  imjirisonment  in  the  city  or  county 
jail  for  not  less  than  six  months  nor  more  than  one  year,  or  by  a  fine 
of  not  less  than  fifty  nor  more  than  one  hundred  dollars,  to  be  recov- 
ered as  provided  in  the  preceding  sections. 

Arms  to  he  Returned  v,pon  Disbandment. 

Sec.  18.  Uj^on  the  disbandment  of  a  volunteer  comjiany  which  has 
received  arms,  equipments  or  any  other  property  of  the  State,  for 
military  purposes,  the  commanding  oflicer  of  such  company  shall  be 
responsible  for  the  return  of  the  same  to  the  custody  of  some  duly 
authorized  oflicer  of  the  State,  and  it  shall  be  the  duty  of  the  Adju- 
tant General  to  take  the  necessai-y  legal  proceedings  in  the  name  of 
the  State,  as  provided  in  the  preceding  sections  of  this  Article,  unless 
the  said  property  is  properly  accounted  for  by  said  commanding 
ofiicer,  as  provided  in  Section  14. 

Commanders  may  Appoint  a  Military  Board. 

Sec.  19.  The  Commander-in-Chief  may,  from  time  to  time,  and  at 
any  time,  appoint  a  military  board  of  not  less  than  three  nor  more 
than  five  officers,  whose  duty  it  shall  be  to  examine  into  the  capacity, 
qualification,  propriety  of  conduct  and  efficiency,  of  any  commissioned 
officer  who  may  be  reported  as  a  fit  subject  for  examination;  and 
upon  the  report  of  such  board,  if  adverse  to  such  officer,  and  ap- 
proved by  the  Commander-in-Chief,  the  commission  of  said  officer 
may  be  revoked  ;  provided,  always,  that  if  practicable,  two  members  at 
least  of  such  board  shall  have  military  rank  at  least  equal  to  that  of 
the  officer  examined ;  the  Commander-in-Chief  may  also,  when  in  his 
opinion  it  is  necessary,  call  boards  of  officers  for  settling  military 
questions,  and  for  other  purjjoses  of  good  order  or  discipline. 

Pay  and  Rations. 

Sec.  20.  The  Militia  when  called  into  active  service  shall  be  allowed 
the  same  pay  and  rations  as  the  regular  troops  of  the  United  States 
army ;  and  the  rations  when  committed  shall  be  fixed  by  the  army 
regulations  in  force  at  the  time. 

3fay  Bent  Aivtiories,  &e. — Amount  of  Rent. 

Sec.  21.  The  Commander-in-Chief  may  authorize  the  commanding 
officers  of  such  regiments,  batteries,  Ijattalions,  squadrons  or  com- 
panies, of  the  volunteer  militia,  duly  organized  and  uniformed,  as  he 
shall  think  fit,  to  rent  suitable  and  convenient  places  for  armories  and 
places  of  drill  and  deposit,  and  safe  kec])ing  of  arms,  equipments  and 
other  ])roperty,  furnished  by  the  State  for  military  purposes  to  said 
regiments,  batteries,  battalions,  squadrons  or  companies;  ^jrovided, 
the  rent  to  be  paid  per  annum  shall  not  exceed  the  following  sums, 
viz.  For  each  regiment  the  sum  of  four  hundred  dollars;  tor  each 
battery,  of  four  ]Meces  of  artillery,  the  sum  of  four  hundred  dollars; 
for  each  battalion  the  sum  of  two  hundred  dollars;  for  each  squadron 
the  sum  of  one  hundred  and  fifty  dollars;  and  for  each  independent 
company  the  sum  of  one  hundred  dollars;  provided,  that  no  rent  shall 
1)6  paid  for  any  regiment  having  a  less  number  of  rank  and  file  than 
tliree  hundred ;  for  any  battalion  having  a  less  numl>er  than  one 
hundred  and  fifty;  for  any  com])any  having  a  less  nuinl)er  than  ibrty, 
or  for  any  squadron  having  a  less  number  than  eighty,  of  rank  and 


MILITIA    AND   MILITARY   AFPAIU3.  261 

file,  uniformed  and  fit  for  active  duty,  and  provided  that  said  pay- 
ments sliiiU  he  cliarf^eable  only  to  the  ap))ropriations  made  by  law  for 
military  purposes,  and  the  accounts  shall  be  audited  and  settled  at 
the  treasury,  as  is  now  provided  for  contracts  and  exi^enditurcs  for 
military  purposes. 

Certificate  of  Memhership — Honorary  Memlers — Ilendcred  Accounts  to 
Adjutant  Goieral — Exempt  from  Jury  Duty. 
Sec.  22.  All  certificates  of  membership  of  any  let^ally  organized 
volunteer  company  of  the  militia  shall  be  signed  by  the  commanding 
officer  thereof,  whicli  certificates  shall  be  issued  on  or  l)efore  the  first 
day  of  April  in  each  year,  to  such  ])ers()ns  as  may  then  compose  the 
uniformed  and  active  members  of  said  company  :  every  such  company 
may  receive  and  have  as  many  honorary  members  as  it  has  active  and 
uniformed  members,  and  no  more,  on  payment  in  advance  by  each 
person  desirous  to  become  such  luniorary  member,  of  not  less  than  ten 
dollars  per  annum,  which  said  money  shall  be  received  by  the  com- 
manding ofticer  of  the  company  and  be  by  him  applied  to  the  pay- 
ment of  armory  rent  or  the  purchase  of  unifoniis  for  the  rank  and 
file  of  the  active  members  of  his  company,  or  to  such  ])urposes  as  may 
be  authorized  by  the  by-laws  of  said  company;  and  the  commanding 
officer  of  every  company  shall,  on  or  before  the  first  day  of  June  and 
December  of  every  year,  render  to  the  Adjutant  General  an  account  of 
the  money  so  received  and  expended  by  him,  and  every  such  honorary 
member  shall  be  entitled  to  receive  a  certificate  of  honorary  member- 
ship of  the  company,  to  be  signed  as  aforesaid,  and  bearing  date  at 
the  time  of  its  issue;  which  certificates  of  membersliip,  whether  of 
uniformed  and  active  members  or  of  honorary  members,  shall  exempt 
the  person  therein  named  from  jury  duty,  for  the  period  of  one  year 
from  the  date  of  his  said  certificate;  ]r)-ovided,  he  files  his  said  certifi- 
cate with  the  Clerk  of  the  Court  before  the  drawing  of  the  jury. 

Oath  of  Office. 
Sec.  23.  Every  commissioned  officer,  non-commissioned  officer  and 
private,  before  he  enters  upon  his  duties,  or  exercises  any  command, 
shall  take  and  subscribe,  in  such  manner  and  before  such  person  as 
the  Commander-in-Chief  may  direct,  the  following  oaths  or  affirma- 
tions, viz.  I,  A.  B.,  do  solemnly  swear  or  affirm,  that  I  will  bear  true 
allegiance  to  the  State  of  Maryland,  and  will  support  the  Constitution 
thereof— so  help  me  God.  I,  A.  B.,  do  solemnly  swear,  or  affirm,  that 
I  will  fliithfully  and  impartially  discharge  and  perform  all  the  dutie* 
incumbent  upon  me,  according  to  the  best  of  my  abilities  and  under- 
standing, agreeable  to  the  Constitution  and  laws  of  the  State  of  Mary- 
land, so  help  me  God.  I,  A.  B.,  do  solemnly  swear,  or  affirm,  that  I 
will  support  the  Constitution  of  the  United  States  and  the  laws  made 
in  pursuance  thereof,  so  help  me  God. 

Certificate  of  Qualification. 
Sec.  24.  The  officer  before  whom  the  oath  or  affirmation  was  made 
shall  furnish   to  the  party  making  it  a  certificate  of  the  following 
form,  viz.  This  is  to  certify  that  A.  B.,  commissioned  as  within  on 

this day   of ,   A.   D.,   personally   appeared    and 

made  the  oaths,  or  affirmations,  as  required  by  the  laws  of  the  State 
of  Maryland  and  of  the  United  States,  to  qualify  him  to  discharge 
the  duties  of  his  office  before  me. 


262  LABOR   AND   AGRICULTURE. 

Militia,  to  Aid  in  Suppressing  Riots. 
Sec.  25.  Whenever  tlie  Board  of  Police  Commissioners  for  tlie  City 
of  Baltimore,  or  the  Sheritl"  of  any  County,  shall  call  out  any  portion 
of  the  Militia  to  aid  in  i^reventing  threatened  disorder  or  opposition 
to  the  laws,  or  in  suppressing  riot  or  disorder  on  election  days,  or  at 
any  other  times,  as  jirovided  in  Section  813  of  Article  IV,  Code  of 
Public  Local  Laws,  as  amended  by  Act  of  Assembly  of  18G7,  Chapter 
oG7,  said  military  force  shall  be  deemed  to  be  on  detached  service, 
while  under  the  orders  of  the  said  Board  or  Sherifl",  and  the  command- 
ing officer  thereof  sliall  not  be  subject  to  the  orders  of  any  superior 
officer  whatsoever,  except  the  Commander-in-Chief. 

Arms  to  5e  Stored  in  State  Armories,  d-c. 

Sec.  26.  All  arms  and  equipments  not  issued  to  the  ^Militia,  and 
now  on  hand,  shall  be  stored  in  the  State  Armories  at  Annapolis  and 
Easton,  and  the  Commander-in-Chief  is  hereby  authorized  to  have 
said  armories  put  in  proper  condition  for  the  safe  keeping  and  storage 
of  said  arms  and  equipments;  provided,  the  cost  thereof  dops  not  ex- 
ceed the  sum  of  one  thousand  dollars;  and  the  accounts  thereof  shall 
be  audited  and  settled  at  the  Treasury,  as  is  provided  for  contracts 
and  expenditures  for  military  purposes  in  Section  13  of  this  act. 

Twenty-five  Thousand  Dollai's  per  Annum  Appropriated — Salaries. 

Sec.  27.  The  sum  of  twenty-five  thousand  dollars  per  annum,  or  as 
much  thereof  as  may  be  necessary,  is  hereby  approjiriated,  until  the 
next  meeting  of  the  Legislature,  out  of  any  money  not  otherwise 
appropriated  in  the  Ti-easury  of  the  State,  to  enable  the  Governor,  as 
Commander-in-Chief,  to  carry  into  effect  the  provisions  of  this  Article, 
and  he  is  hereby  authorized  to  apply  the  said  hmds  as  \"\\\,  in  his 
judgment,  best  accomplish  the  purposes  of  this  Act ;  the  salaries  of 
the  Adjutant  General  and  the  Armorers  at  Easton  and  Frederick  to 
be  included  in  and  paid  out  of  the  aforesaid  sum ;  and  the  Comp- 
troller of  the  Treasury  shall,  in  his  report  to  the  General  Assembly, 
make  a  statement  showing  in  detail  the  items  of  all  expenditures  for 
military  purposes  of  said  funds. 


LABOR  AND  AGEICULTURE. 
Constitution — Article  X. 

Article  X  of  the  Constitution,  entitled  "Labor  and  Agriculture," 
])rovided  for  the  electicm  of  a  ''State  Superintendent  of  Labor  and 
Agriculture,"  to  hold  office  for  four  years,  and  j^rescribed  his  duties. 
It  also  provided  that  the  office  should  expire  at  the  end  of  ffiur  years 
unless  continued  by  the  General  Assembly.  Dr.  Wm.  S.  McPlierson, 
of  Fref^erick  County,  was  elected  to  fill  the  oflice,  and  served  his 
term  of  four  years.  The  General  Assembly  failed  to  continue  the 
office,  and  it  then  ceased  to  exist.  Article  X  of  the  Constitution  is 
therefore  omitted  in  this  work. 


THE    BOARD  OF    PUBLIC  WORKS. 

Constitution — Article  XII,  Sections  1,  2  and  3. 

How  Constituted,  &c. 
Sec.  1.  The  Governor,  tlie  Cnnii^troller  of  the  Treasury,  and  the 
Treasurer,  shall  constitute  the  Board  of  rublic.  Works  in  "this  State. 
They  shall  keep  a  journal  of  their  proceedings,  and  shall  hold  regular 
sessions  in  the  City  of  Annapolis,  on  the  first  AVcdnesday  in  January, 
April,  July  and  October,  in  each  year,  and  oftener.  if  necessary;  at 
which  sessions  they  shall  hear  and  determine  such  matters  as  alVcct 
the  Public  Works  of  the  State,  and  as  the  General  Assemlily  may 
confer  upon  them  the  power  to  decide. 

They  shall  Supervise  the  PuUic  Wurl's—Vote  the  Stocks  of  the  State — 
Appoint  Directors,  and  Regulate  the  Tolls  of  the  Canal  Company. 
Sec.  2.  They  shall  exercise  a  diligent  and  faithful  supervision  of  all 
Public  Works  in  which  the  State  may  be  interested  as  stockholder  or 
creditor,  and  shall  represent,  and  vote  the  stock  of  the  State  of  Mary- 
land, in  all  meetings  of  the  stockholders  of  the  Chesapeake  and  Ohio 
Canal,  and  shall  appoint  the  Directors  in  every  Railroad  and  Canal 
Company  in  which  the  State  has  the  legal  power  to  a])point  Directors, 
which  said  Directors  shall  represent  the  State  in  all  meetings  of  the 
stockholders  of  the  respective  companies,  for  which  they  are  ap- 
pointed or  elected.  And  the  President  and  Directors  of  the  said 
Chesapeake  and  Ohio  Canal  Company  shall  so  regulate  the  tolls  of 
said  company,  from  time  to  time,  as  to  produce  thc'^largest  amount  of 
revenue,  and  to  avoid  the  injurious  eflects  to  said  company  of 
rival  competition  by  other  internal  improvement  companies.  They 
shall  require  the  directors  of  all  said  Public  AVorks  to  guard  the 
])ublic  interest,  and  prevent  the  establishment  of  tolls  which  shall 
discriminate  against  the  interests  of  the  citizens  or  products  of  this 
State,  and  from  time  to  time,  and  as  ofren  as  there  shall  be  any  change 
in  the  rates  of  toll  on  any  of  the  said  works,  to  furnish  'the  saTd 
Board  of  Public  Works  a  schedule  of  such  modified  rates  of  toll,  and 
so  adjust  them  as  to  promote  the  agricultural  interests  of  the  State; 
they  shall  report  to  the  General  Assembly  at  each  regular  session,  and 
recommend  such  legislation  as  they  may  deem  necessary  and  requisite 
to  promote  or  protect  the  interests  of  the  State  in  the  said  Public 
Works;  they  shall  perform  such  other  duties  as  may  be  hereafter  pre- 
scribed by  law ;  and  a  majority  of  them  shall  be  competent  to  act. 

To  Receive  no  Salary. 
_  The  Governor,  Comptroller  and  Treasurer  shall  receive  no  addi- 
tional salary  for  services  rendered  by  them  as  members  of  the  Board 
of  Public  Works.  The  provisions  of  the  Act  of  the  General  Assembly 
of  Maryland  of  the  year  18G7,  chapter  359,  are  hereby  declared  null 
and  void. 


264  THE    BOAKD    OF   PUBLIC    WORKS. 

Authorized  to  Sell  or  Exchange  State's  Interest  in  certain  Corporations, 

Conditionally — May  Sell  State's  Interest  in  cei'tain  other 

Worl~s  and  Banl's. 

Sec.  3.  The  Board  of  Public  Works  is  Iierebj-  authorized  to  ex- 
cliange  the  State's  interest  as  stockholder  and  creditor  in  the  Balti- 
more and  Ohio  Railroad  Company  for  an  equal  amount  of  the  bonds 
or  registered  debt  now  owing  by  the  State,  to  the  extent  only  of  all 
the  preferred  stock  of  the  State  on  which  the  State  is  entitled  to  only 
six  per  rent,  interest,  provided  such  exchange  shall  not  be  made  at  less 
than  par.  nor  less  than  the  market  value  of  said  stock,  and  the  said 
Board  is  authorized,  sul)icct  to  such  regulations  and  conditions  as  the 
General  Assemljly  may  from  time  to  time  prescril)e,  to  sell  the  State's 
interest  in  the  other  works  of  internal  imjirovenient,  whether  as  a 
stockholder  or  a  creditor,  and  also  the  State's  interest  in  any  banking 
corporation,  receiving  in  payment  the  bonds  and  registered  debt  now 
owing  by  the  State,  equal  in  amount  to  the  price  obtained  for  the 
State's  said  interest;  provided,  that  the  interest  of  the  State  in  the 
Washington  Branch  of  the  Baltimore  and  Ohio  Railroad  be  reserved 
and  excepted  from  sale;  and  provided  further,  that  no  sale  or  con- 
tract of  sale  of  the  State's  interest  in  the  Chesapeake  and  Ohio  Canal, 
the  Chesajjeake  and  Delaware  Canal,  and  the  Susquehanna  and  Tide- 
water Canal  Companies  shall  go  into  effect  until  the  same  shall  be 
ratified  by  the  ensuing  General  Assembly. 


DUTIES  OF  THE  BOARD  OF  PUBLIC  WORKS  UNDER  THE 

GENERAL  LAWS. 
To  Sell  Certain  State  Stocks  and  Bonds. 

The  Act  of  1872,  Chapter  383,  Sections  5  and  6,  directs  the  Gov- 
ernf)r.  Comptroller  and  Treasurer,  constituting  the  Board  of  Public 
Works,  and  acting  as  sucli,  to  effect  a  sale  of  the  State  Stock  i"  the 
Chesapeake  and  Delaware  Canal  Company,  amounting  to  $81,250; 
and  of  the  bonds  of  the  Susquehanna  and  Tide-water  Canal  Company, 
held  by  the  State,  amounting  to  $1,000,000,  provided  the  said  stock 
and  bonds  can  be  sold  at  par;  sale  to  be  subject  to  the  provisions  of 
the  Constitution. 

To  Report  Thereon  to  the  Legislature. 
Also  to  report  the  sale  of  said  stock  and  said  bonds,  or  either  of 
them,  if  any  sale  be  effected,  to  the  Legislature  at  its  next  session,  or 
in  the  event  of  a  sale  not  being  eflected  they  shall  report  to  the  Legis- 
lature for  their  information,  any  offer  they  may  have  received,  and 
their  opinion  as  to  the  advantages  of  accepting  such  offer,  and  also  as 
to  the  probability  of  eifecting  a  sale,  and  at  what  pric& 


NEW    COUNTIES. 
CoNSTiTUTiox. — Article  XIII. 

The  Provisions  of  the  Constitution  relating  to  the  organization  of 
New  Counties  are  contained  in  Article  13. 

Organizing  New  Counties. — To  have  10,000  Inhabitants  and 

400  Square  Miles. 

Sec.  1.  The  General  Assembly  may  i^rovide,  by  Law,  for  organizing 
New  Counties,  locating  and  removing  county  seats,  and  changing 
county  lines;  but  no  new  county  shall  be  organized  without  the  con- 
sent of  the  majority  of  the  legal  voters  residing  within  the  limits  jDro- 
posed  to  be  formed  into  said  new  county;  and  whenever  a  new  coun- 
ty shall  be  proposed  to  be  formed  out  of  portions  of  two  or  more 
counties,  the  consent  of  a  majority  of  tlie  legal  voters  of  such  part  of 
each  of  said  counties,  respectively,  shall  be  required;  nor  shall  the 
lines  of  any  county  be  changed  without  the  consent  of  a  majority  of 
the  legal  voters,  residing  within  the  district,  which,  under  said  pro- 
posed change,  would  form  a  part  of  a  county  dilTerent  from  that  to 
which  it  belonged  prior  to  said  change ;  and  no  new  county  shall 
contain  less  than  four  hundred  square  miles,  nor  less  than  ten  thous- 
and white  inhabitants;  nor  shall  any  change  be  made  in  the  limits  of 
any  county,  whereby  the  pojDulation  of  said  county  would  be  reduced 
to  less  than  ten  thousand  white  inhabitants,  or  its  territory  reduced  to 
less  than  four  liundred  square  miles. 

Wicomico  County — Its  Boundaries — Governor's  Proclamation — 
Salisbury  the  County  Seat. 
Sec.  2.  At  the  election  to  be  held  for  the  adoption  or  rejection  of 
this  Constitution,  in  each  Election  District,  in  those  parts  of  Worces- 
ter and  Somerset  Counties,  comprised  within  the  following  limits,  viz. 
Beginning  at  the  point  where  Mason  and  Dixon's  line  crosses  the  chan- 
nel of  Pocomoke  river,  thence  following  said  line  to  the  channel  of 
the  Xanticoke  river,  thence  with  the  channel  of  said  river  to  Tangier 
soimd,  or  the  intersection  of  Nanticoke  and  Wicomico  rivers,  thence 
u])  the  channel  of  the  Wicomico   river  to  the  mouth  of  Wicomico 
creek,  thence  with  the  channel  of  said  creek  and  Passerdyke  creek 
to  Dashield's  or  Disharoon's  mills,  thence  with  the  mill-pond  of  said 
mills  and  branch  following  the  middle  prong  of  said  branch  to  Mea- 
dow bridge,  on  the  road,  dividing  the  counties  of  Somerset  and  Wor- 
cester, near  the  south-west  corner  of  the  farm  of  William  P.  Morris, 
tlicnce  due  east  to  the  Pocomoke  river,  thence  with  the  channel  of 
said  river  to  the  beginning;   the  judges  of  election,  in  each  of  said 
Districts,  shall  receive  the  ballots  of  each  elector,  voting  at  said  elec- 
tion, who  has  resided  for  six  months,  preceding  said  election  within 
.said  limits,  for  or  against  a  new  county;  and  the  return  judges  of 
said  Election  Districts  shall  certify  the  result  of  such  voting,  in  the 
manner  now  prescribed  by  law,  to  tlie  Governor,  who  shall  by  pro- 


366  NEW   COUNTIES. 

clamation  make  known  the  same ;  and  if  a  majority  of  the  legal  votes, 
cast  within  that  part  of  Worcester  County,  contained  within  said 
lines,  and  also  a  majority  of  the  legal  vot^^s  cast  within  that  part  ol" 
Somerset  County,  contained  within  said  lines,  shall  be  in  favor  of  a 
New  County,  then  said  parts  of  Worcester  and  Somerset  Counties  shall 
become  and  constitute  a  new  county,  to  be  called  Wicomico  County; 
and  Salisbury  shall  be  the  County  Seat.  And  the  inliabitants  thereof 
shall  thenceibrth  have  and  enjoy  all  such  rights  and  privileges  as  are 
held  and  enjoyed  by  the  inhabitants  of  the  other  counties  of  this  State. 

Division  of  Debts  and  Obllgd.tions — Taxes. 

Sec.  3.  When  said  new  county  shall  have  l)een  so  created,  the  in- 
habitants thereof  shall  cease  to  have  any  claim  to,  or  interest  in  the 
county  buildings,  and  other  public  property  of  every  description,  be- 
longing to  said  counties  of  Somerset  and  Worcester,  respectively,  and 
shall  be  liable  for  their  proportionate  shares  of  the  then  existing  debts 
and  obligations  of  the  said  counties,  according  to  the  last  assessment 
in  said  counties,  to  be  ascertained  and  apportioned  by  the  Circuit 
Court  of  Somerset  County,  as  to  the  debts  and  obligations  of  said 
county,  and  by  the  Circuit  Court  of  Worcester  County,  as  to  the  debts 
and  obligations  of  Worcester  County,  on  the  petition  of  the  County 
Conmiissioners  of  the  said  counties,  respectively  ;  and  the  property  in 
each  part  of  the  said  counties,  included  in  said  new  county,  shall  be 
bound  only  for  the  share  of  the  debts  and  obligations  of  the  county 
from  which  it  shall  be  separated ;  and  the  inhabitants  of  said  new 
county  shall  also  pay  the  county  taxes,  levied  upon  them  at  the  time 
of  the  creation  of  such  new  county,  as  if  such  new  county  had  not  been 
created;  and  on  the  application  of  twelve  citizens  of  the  proposed 
county  of  Wicomico,  the  Surveyor  of  Worcester  County  shall  run  and 
locate  the  line  from  Meadow  bridge  to  the  Pocomoke  river,  previous 
to  the  adoption  or  rejection  of  this  Constitution,  and  at  the  expense 
of  said  petitioners. 

Wicomico,  Somerset  and  Worcester,  each,  to  Elect  Two  Delegates. 

Sec.  4.  At  the  first  general  election,  held  under  this  Constitution, 
the  qualified  voters  of  said  new  county  shall  be  entitled  to  elect  a  Sen- 
ator and  two  Delegates  to  the  General  Assembly,  and  all  such  county 
or  oth'^r  officers  as  this  Constitution  may  authorize,  or  require  to  be 
elected  by  other  counties  of  the  State  ;  a  notice  of  such  election  shall 
be  given  by  the  Sherifl's  of  Worcester  and  Somerset  counties  in  the 
manner  now  prescribed  by  law;  and  in  case  said  new  county  shall  be 
established,  as  aforesaid,  then  the  counties  of  Somerset  and  Worcester 
shall  be  entitled  to  elect  but  two  Delegates  each  to  the  General 
Assembly. 

Wicomico  in  First  Judicial  Circ/it. 

Sec.  5.  The  County  of  Wicomico,  if  formed  according  to  the  pro- 
visions of  this  Coustiiution,  shall  be  embraced  in  the  First  Judicial 
Circuit;  and  the  times  for  holding  the  courts  therein  shall  be  fixed 
and  determined  by  the  General  Assembly. 

General  Assembly  to  Garry  this  Article  into  Effect. 
Sec.  0.  The  General  Assembly  shall   [lass  all  such  laws  as  may  1)e 
necessary  more  fully  to  carry  into  ellect  the  provisions  of  this  Article. 


■WIC05IICO   AND   GARRETT    COUNTIES.  267 

FORMATION  OF  WICOMICO  COUNTY. 

The  provisions  of  the  Constitution  in  relation  to  the  formation  of 
"Wicomico  County  havins:  been  complied  \vitli  at  the  election  held 
September  18th,  1867,  the^Qovernor,  by  his  proclamation,  made  known 
the  iact;  and  the  General  Assembly  have  passed  the  necessary  laws  to 
carry  into  ell'ect  the  13th  Article  of  the  Constitution. 


FORMATION  OF  GARRETT  COUNTY. 

The  General  Assembly  of  18T2  passed  an  Act,  (Chapter  212.)  to 
provide  for  taking  the  vote  of  the  people,  for  or  against  a  new  county 
in  certain  election  districts  of  Allegany  County,  at  the  election  to  be 
held  in  the  fall  of  1872.  The  provisions  of  the  Act  and  the  Constitu- 
tion having  been  con!])lied  with,  the  Governor  issued  his  proclama- 
tion announcing  that  Garrett  County  had  been  established  under  the 
Constitution  and  Laws. 

The  following  is  the  Act  of  the  General  Assembly  of  1872,  Chapter 
213,  under  which  Garrett  County  was  organized. 

Boundarks  and.  Proviso. 
Sec.  1.  All  that  part  of  Allegany  County  lying  south  and  west  of  a 
line  beginning  at  the  summit  of  Big  Back  Bone  or  Savage  mountain, 
where  that  mountain  is  crossed  by  ]\Iason  and  Dixon's  line,  and  run- 
ning thence  by  a  straight  line  to  the  middle  of  Savage  river  where  it 
empties  into  the  Potomac  river ;  thence  by  a  straight  line  to  the 
nearest  point  or  boundary  of  the  State  of  "West  Virginia;  thence  with 
the  said  l^oundary  to  the*  Fairfax  stone,  shall  bo  a  new  county  to  be 
called  the  county"  of  Garrett;  provided,  the  provisions  of  this  Act  as  to 
taking  census  of  the  people  and  the  area  of  the  said  new  County, 
and  the  sense  of  the  people  therein,  shall  be  complied  with  in  accord- 
ance with  the  Constitution  of  this  State. 

Duty  of  Judges  of  Election. 
Sec.  2.  The  Judges  of  Election  in  each  of  such  districts  as  may  be 
embraced  by  said  survey,  shall,  at  the  election  for  President  and  Vice- 
President  of  the  United'  States  in  the  fall  of  1872.  receive  the  ballot  of 
each  elector  voting  at  said  election,  who  hhs  resided  for  six  months 
preceding  said  election  within  said  limits,  for  or  against  a  new  county, 
and  the  voter  shall,  at  the  same  time,  designate  his  choice  for  the  County- 
Seat  within  said  limits,  and  thereturn  judges  of  said  election  districts 
shall  certify  the  result  of  such  voting,  in  the  manner  now  prescribed 
liy  law,  to  the  Governor  and  Clerk  of  the  Circuit  Court  for  Allegany 
County,  to  be  by  him  recorded  in  the  land  records  of  said  county ; 
and  if' a  majority  of  the  legal  votes  cast  within  that  part  of  Allegany 
County  contained  within  said  lines  shall  be  in  favor  of  a  new  county, 
and  the  Governor  is  satisfied  that  the  requirements  of  the  Constitution 
and  laws  as  to  extent  of  territory  and  number  of  inhabitants  have 
been  gratified  and  comi)lied  with,  then  said  part  of  Allegany  county 
shall  "become  and  constitute  a  new  county  to  be  called  "Garrett 
County,"  and  the  Governor  shall  issue  his  proclamation  to  that  effect, 
and  the  inhabitants  thereof  shall  thenceforth  have  and  enjoy  all  such 
rights  and  privileges  as  are  held  and  enjoyed  by  the  inhabitants  ol 
the  other  cotmties  of  this  State. 


268  GARRETT    COUNTY. 

Inhahitants  to  have  no  Claim  to  County  Buildings,  &c. 
Sec.  3.  When  sairl  new  county  shall  have  been  so  created,  the 
inhabitants  thereof  shall  cease  to  have  any  claim  to,  or  interest  in,  the 
county  buildings  or  other  public  property  of  every  descrij)tion  be 
longing  to  said  county  of  Allegany,  and  shall  be  liable  for  their  pro- 
portionate share  of  the  then  existing  debts  and  obligations  of  the  said 
county  of  Allegany  according  to  the  last  assessment  in  said  county, 
to  be  ascertained  and  apportioned  by  the  County  Commissioners  of 
said  Allegany  county,  and  the  inhabitants  of  said  new  county  shall 
also  pay  the  county  taxes  levied  upon  them,  at  the  time  of  the  crea- 
tion of  such  new  county,  as  if  such  new  county  had  not  been  created. 

To  Elect  a  Senator  and  two  Delegates. 

Sec.  4.  At  the  iirst  general  election,  after  the  establishment  of  said 
new  county,  the  qualified  voters  of  said  new  county  shall  be  entitled 
to  elect  a  Senator  and  two  Delegates  to  the  General  Assembly,  a 
notice  of  which  election  shall  be  given  by  the  Sherift'  of  Allegany 
County  in  the  manner  prescribed  by  law.  and  the  County  of  Allegany 
shall  be  entitled  to  elect  but  three  Delegates  to  the  General  Assembly. 

In  Fourth  Judicial  Circuit. 

Sec.  5.  The  County  of  Garrett,  if  formed  according  to  the  pr'^- 
visions  of  the  Constitution  and  laws,  shall  he  embraced  in  the  fourth 
Judicial  Circuit,  and  the  time  for  holding  the  courts  therein  shall  be 
the  third  Monday  in  May,  and  the  first  Monday  in  December,  in 
each  year. 

Judges  to  Pass  Mules  for  Court  Business. 

Sec.  6.  The  Judges  of  said  court  may  pass  all  such  rules  as  may  be 
necessary  for  facilitating  the  business  of  the  county,  and  such  rules 
shall  provide  for  transaction  of  equity  business,  and  the  said  court  for 
equity  business  shall  be  considered  as  always  open. 

The  Jury  Law. 

Sec.  7.  The  jury  law  now  applicable  to  Allegany  County,  shall  be 
extended  and  applied  to  the  new  county  of  Garrett. 

To  Elect  County  Officers  at  Special  Election. 
Sec  8.  The  qualified  voters  of  said  new  county  shall  be  entitled 
to  elect  all  such  county  or  other  officers  as  the  Constituti(m  of  the 
State  may  authorize  or  require  to  be  elected  by  other  counties  of  the 
State,  at  a  special  election  to  be  held  for  such  officers,  on  the  7th  day 
of  January,  in  the  year  1873,  in  each  election  district  in  said  new 
county,  a  notice  of  which  election  shall  be  given  by  the  Sheriff  of 
Allegany  County  in  the  manner  now  prescribed  1)y  law. 

Certain  Officers  to  Hold  Over. 

Sec.  9.  All  the  justices  of  the  peace,  constables  and  road  super- 
visors residing  and  acting  within  the  limits  of  Garrett  County,  who 
rec'ived  their  api)ointment  as  such  for  the  County  of  Alleg'iny,  an- 
hereby  continued  in  office,  and  their  official  acts  shall  be  as  good  and 
binding  in  law  as  if  they  had  been  duly  appointed  and  qualiliod  as 
officers  for  Garrett  Coimty,  until  their  successors  shall  be  appointed 
and  qualified;  provided,  the  same  be  not  otherwise  defective  for 
reasons  other  than  the  want  of  jurisdiction. 


GARRETT    COUNTY. 


269 


Commissioners  and  their  Duties. 
Skc.  10.  Tlicre  sliall  be  tlirce  county  commissioners  for  Garrett 
County,  who  sliall  have  all  the  ])()\ver.s,  and  j)crtorm  such  duties  as 
are  now  conferred  by  law  u])on  the  County  Commissioners  for  Alle- 
gany County,  and  in  addition  thereto  may  purchase  land  for  the  erec- 
tion of  the  necessary  buildings  for  county  purposes,  and  shall  have 
power,  from  time  to  time,  to  levy  such  tax  upon  the  assessable  pro- 
perty of  Garrett  County  as  may  be  necessary  for  the  erection  of  said 
public  buildiuf^s,  when,  in  tlieir  judgment,  the  public  convenience 
may  require  said  buildings  for  the  use  of  said  county. 

Census  Takers  Appointed — Surveyor  to  Locate  Lines. 
Sec.  11.  James  Z.  Browning  is  hereby  appointed  to  take  the  census 
for  di-~-trict  number  one;  Elijah  M.  Friend  for  number  two;  Charles 
Bell  for  number  three;  J.  McClure  Mason  for  number  ten;  "William 
Heinbaugh  for  number  eleven ;  D.  Harrison  Friend  for  number  four- 
teen ;  l?ali)h  Thayer  for  numl)er  fifteen  ;  William  H.  Barnard  for  number 
four;  James  Poland  for  number  sixteen  ;  George  "\V.  Blocker  for  number 
five;  or  so  much  of  the  tliree  last  named  districts  within  the  lines  of 
the  proposed  new  county,  prior  to  the  election  for  Presirlent  and 
Vice-President  of  the  United  States,  in  the  fall  of  1872.  at  the  expense 
of  the  inhabitants  of  the  ])roposcd  new  county,  and  sliall  make  return, 
under  oath,  to  the  Governor  and  the  Clerk  of  the  Circuit  Court  for 
Allegany  County,  to  be  by  him  recorded  in  the  land  records  of  said 
couTity,  of  the  number  of  inhabitants  in  the  lines  of  the  proposed  new 
county,  and  on  ajiplication  of  five  citizens  of  the  proposed  new 
county  of  Garrett,  the  county  surveyor  of  Allegany  County  shall  at 
once  run  and  locate  the  lines  of  the  proposed  new  County  of  Garrett, 
at  the  expense  of  said  petitioners,  and  shall  make  a  plat  of  said  lines 
and  report  the  same  to  the  Governor,  the  County  Commissioners  and 
the  Clerk  of  the  Circuit  Court  for  Allegany  County,  to  be  by  him 
recorded  in  the  land  records  of  said  county,  said  report  to  be  made 
under  oath. 

Prescribing  Directions  in  Regard  to  Elections. 
Sec.  12.  At  the  election  to  be  held  for  county  officers,  the  commis- 
sioners of  Allegany  County  shall  appoint  three  judges  for  each  of  the 
three  districts  divided  by  the  lines  of  the  new  county,  to  hold  the 
election  at  some  convenient  point  in  said  districts,  to  be  designated 
by  said  County  Commissioners,  and  said  Commis^sioners  shall  puli- 
lish  this  law,  and  the  time  and  place  of  holding  the  election 
herein  provided  for  by  this  law,  in  three  newspapers  published  in 
Allegany  County,  one  of  wliich  shall  be  the  Glade  Star,  and  by  hand- 
bills, stuck  uj}  and  circulated  at  all  prominent  places  throughout  the 
limits  of  the  proposed  new  county,  for  at  least  thirty  days  before 
said  election  for  President  and  Vice-President  of  the  United  States, 
to  be  held  in  the  fall  of  1872,  tlie  persons  named  in  Section  11  of  this 
Act  to  take  the  census  within  the  limits  of  the  proposed  new  county, 
and  the  registers  of  voters  in  the  election  districts  as  they  now  exist 
in  Allegany  County,  within  the  limits  of  the  proposed  new  county, 
are  hereby  required  to  circulate  and  stick  up  said  handbills  herein 
provided  for;  and  the  said  county  commissioners  of  Allegany  County 
shall  allow  and  cause  to  be  paid  to  them  a  reasonable  compensation 
for  said  service. 


270  LIMITATION   OF   SALARIES. 

CONSTITUTION,  ARTICLE   XIV. 
The  XlVth  Article  of  the  Constitution  providing  for  amendments 
to  the  Constitution  by  the  General  Assembly,  is  published  under  the 
heading  '■'LegisloAke  Departraent^''''  page  70. 


CONSTITUTION,  ARTICLE  XV. 

MiSCELLANKOUS. 

Certain  Officers  to  malce  Annual  Return  of  Fees  to  Comptroller — All 

in  excess  of  $3000  to  l>e  paid  to  the  State.     In  Default 

thereof  Governor  to  Declare  the  Office  Vacant. 

Sec.  1.  Every  person  holding  any  office  created  by,  or  existing 
under,  the  Constitution  or  Laws  of  the  State,  (except  justices  of  the 
peace,  constables  and  coroners,)  or  holding  any  appointment  under 
any  court  of  this  State,  whose  j^ay,  or  compensation,  is  derived  from 
fees  or  moneys  coming  into  his  hands  lor  the  discharge  of  his  official 
duties,  or  in  any  way  growing  out  of,  or  connected  with,  his  office, 
shall  keep  a  book  in  which  sliall  be  entered  every  sum  or  sums  of 
money  received  by  him,  or  on  his  account,  as  a  payment  or  compensa- 
ti(m  ibr  his  performance  of  official  duties,  a  copy  of  which  entries  in 
said  book,  verified  by  the  oath  of  the  officer,  by  whom  it  is  directed 
to  be  kept,  shall  be  returned  yearly  to  the  Comptroller  of  the  State 
for  his  inspection,  and  that  of  the  General  Assembly  of  the  State,  to 
which  the  Comptroller  shall,  at  each  regular  session  thereof,  make  a 
rei^ort,  showing  what  officers  have  complied  with  this  Section;  and 
each  of  the  said  officers,  when  the  amount  received  by  him  for  the 
year  shall  exceed  the  sum  which  Vjy  lav\'  he  is  entitled  to  retain  as  his 
salary,  or  compensation  for  the  discliarge  of  his  duties,  and  for  the  ex- 
penses of  his  office,  shall  yearly  pay  over  to  the  Treasurer  of  the  State 
the  amount  of  such  excess,  subject  to  such  disj^osition  thereof  as  the 
General  Assembly  may  direct;  if  any  of  such  officers  shall  fail  to 
comply  with  the  requisitions  of  this  Section,  for  the  jDcriod  of  thirty 
days  after  the  exjjiratiou  of  each  and  every  year  of  his  office,  such 
officer  shall  be  deemed  to  have  vacated  his  office,  and  the  Govei-nor 
shall  declare  the  same  vacant,  and  the  vacancy  therein  shall  be  filled 
as  in  case  of  vacancy  for  any  other  cause ;  and  such  officer  shall  be 
subject  to  suit  by  the  State  tor  the  amount  that  ought  to  be  jiaid  into 
the  Treasury  ;  and  no  i^erson  holding  any  office  created  by,  or  exist- 
ing under,  this  Constitution  or  Laws  of  the  State,  or  holding  any  ap- 
})ointment,  under  any  Court  in  this  State,  shall  receive  more  tlian 
three  thousand  dollars  a  year  as  a  compensation  for  the  discharge  of 
his  ollicial  duties,  except  in  cases  specially  provided  in  this  Consti- 
tution. 

[^""The  remaining  Sections  of  this  Article,  headed  '-Miscellaneous," 
(two  to  ten  inclusive,)  are  distributed  under  the  dilTerent  departments 
and  subjects  to  which  they  relate. 

J^^See  the  Special  Index  to  the  Constitution  which  is  separate 
from  the  General  Index. 


SUNDRY  OFFICERS 
UNDER  THE  CONSTITUTION  AND  LAWS. 

NOTARIES     PUBLIC. 

Article  4,  Section  45  of  the  Constitution  provides  that  Notaries 
Public  may  be  appointed  for  each  county,  and  the  City  of  Baltimore, 
in  the  manner,  for  the  purpose,  and  with  the  powers  now  fixed,  or 
which  may  be  hereafter  prescribed  by  law. 

THE  GENERAL    LAWS  RELATING   TO    NOTARIES  PUBLIC. 
The  General  Laws  relating  to  Notaries  Public  are  Articles  67  and 
Sections  of  Articles  18,  24,  and  38,  as  follows: 

Appointment  and  QvaJifimtions. 
Sec.  \.  The  Governor,  by  and  with  the  advice  and  consent  of  the 
Senate,  shall  appoint  and  commission  a  competent  number  of  persons 
of  known  good  character,  integrity  and  abilities,  citizens  of  the 
United  States,  and  who  have  resided  in  this  State  two  years  previous 
to  their  appointment,  as  Notaries  Public  for  the  State  of  Maryland, 
to  reside  within  such  place  or  places  within  this  State  as  the  Gov- 
ernor shall  in  and  by  their  respective  commissions  designate ;  but 
there  shall  not  be  at  any  time  more  than  five  Notaries  appointed  and 
commissioned  to  reside  within  the  city  of  Baltimore,  one  of  which 
shall  be  conversant  with  the  German  language.     1872,  ch.  191. 

To  Oite  Bond  in  Thirty  Days. 
Sec.  2.  Each  Notan,-  Pul)lic  shall,  within  thirty  days  from  the  time 
of  his  appointment,  give  the  bond  prescribed  in  Sec.  23,  Article  38, 
(which  see.) 

Power  to  Administer  Oaths. 
Sec.  8.  Each  Notaiy  Public  shall  have  the  power  of  administering 
oaths  according  to  law,  in  ail  matters  belonging  or  incident  to  the 
exercise  of  his  notarial  office,  and  in  all  matters  and  cases  of  a  civil 
nature  in  which  a  justice  of  the  peace  may  administer  an  oath,  and 
with  the  same  effect ;  and  a  certificate  under  the  notarial  seal  of  a 
Notary  Public  shall  be  sutficient  evidence  of  his  having  administered 
such  oath  in  his  character  as  Notary  Public. 

Notaries'  Poicers. 
Sec.  4.  A  Notary  shall  have  power  to  receive  the  proof  or  acknow- 
ledgment of  all  instruments  of  writing  relating  to  commerce  or 
navigation,  and  such  other  writings  as  have  been  usually  proved  and 
acknowledged  before  Notaries  Public;  and  to  make  protests  and 
declarations,  and  testify  the  truth  thereof  under  his  seal  of  office 
concerning  all  matters  done  by  him  in  virtue  of  his  office. 

To  Keep  a  Register. 
Sec.  5.  Each  Notary  shall  keep   a  fair  register  of  all  protests  and 
other  official  acts  by  him  done  in  virtue  of  his  office,  and  shall,  when 
18 


272  NOTARIES   PUBLIC. 

required,  give  a  certified  copy  of  any  record  in  his  office  to  any  per- 
son applying  for  the  same,  tlie  said  person  paying  the  usual  fees 
therefor. 

In  Case  of  Death,  etc.,  Megister,  &c.  to  he  Deposited  in  Court. 
Sec.  6.  In  case  of  the  death,  resignation,  disqualification  or  re- 
moval from  office  of  a  Notary,  his  register  and  other  public  papers 
shall  be  deposited  in  the  office  of  the  clerk  of  the  Circuit  Court  for 
the  county  in  which  he  may  reside,  or  if  he  reside  in  the  city  of  Bal- 
timore, in  the  office  of  the  clerk  of  the  Superior  Court  of  said  city, 
within  sixty  days  after  such  death,  disqualification,  resignation  or 
removal, 

Notarial  Seal. 
Sec.  7.  Every  Notary  shall  provide  a  public  notarial  seal  v?ith 
which  he  shall  authenticate  his  acts,  instruments  and  attestations,  on 
which  seal  shall  be  engraved  such  device  as  he  may  think  proper, 
and  for  legend  shall  have  the  name,  surname  and  office  of  the  notary, 
and  the  place  of  his  residence. 

WJiat  Acts  muy  ie  Performed  out  of  His  Own  County. 
Sec.  8.  A  Notary  may  ]3crform  such  special  acts  proper  to  be  done 
by  a  notary  public,  to  which  he  may  be  required,  in  any  other  county 
of  the  State  than  that  for  which  he  may  be  appointed. 
Protests  Must  ie  Stamped  by   Comptroller. 

Sec.  9.  It  shall  not  be  lawful  for  any  Notary  Public  to  sign  and 
issue  any  protest,  not  previously  stamped  with  the  stamp  of  the 
Comptroller,  and  any  Notary  Public  who  shall  violate  this  provision, 
shall  for  every  such  offence,  be  liable  to  a  fine  of  five  hundred  dollars, 
to  be  recovered  by  indictment  in  the  Circuit  Court  for  the  county,  or 
in  the  Criminal  Court  of  Baltimore,  as  the  case  may  be,  one-half  for 
the  use  of  the  State,  and  one-half  for  the  use  of  the  informant;  but  in 
no  action  or  proceeding  in  law  or  equity  shall  any  protest  be  re- 
jected as  evidence,  if  otherwise  admissible,  on  account  of  the  absence 
of  the  stamp  of  the  Comptroller  therefrom. — 1862,  Chap.  108. 

May  Aclcnowl-edge  Deeds  without  the  State  or   United  States. 
Article   24,  Sections  4  and   5.     Deeds,   if  acknowledged  without 
this  State,  but  within  the  United  States,  or  if  acknowledged  without 
the  United  States,  the  acknowledgment  may  be  made  before  a  Notary 
Public. 

Relating  to  a  Register''s  Papers  After  Death,  &e. 

Article  18,  Section  38.  In  case  of  the  death,  resignation,  disquali- 
fication or  removal  from  office  of  a  Notary  Public,  his  register  and 
other  public  papers  shall,  within  sixty  days  thereafter,  be  lodged  in 
the  ofiice  of  the  clerk  of  the  Circuit  Court,  for  the  county,  or  Supe- 
rior Court  of  Baltimore  City,  who  may  bring  and  maintain  actions  of 
trover  and  detinue  for  the  same;  and  such  registers  or  public 
papers  shall  not  in  any  case  be  liable  to  be  seized  or  taken  in  execu- 
tion for  debt,  or  for  any  demand  whatsoever. 

Fees  of  Notaries  Public,  t&c. 
Article  38  of  the  Public  General  Law  enacts  as  follows: 
Sec.  21.  Notaries  Public  shall  be  entitled  to  demand  and  receive 
the  following  fees,  to  wit: 


NOTARIES   PUBLIC.  273 

For  protesting  any  note,  draft,  bill  of  exchange  or  check  for 

non-acceptance  or  non-])ayinent, .$2  00 

For  drawing  all  proceedings  not  exceeding  two  sides 50 

For  drawing  all  proceedings  exceeding  two  sides,  per  side,. . .  2 


4.) 


For  registering  or  copying  i)roceedings.  for  every  side, 10 

For  presenting  a  bill  of  exchange  for  acceptance,  if  accepted 

and  not  afterwards  protested  for  non-payment, 1  00 

For  noting  a  bill  for  non-acceptance,  if  not  protested  for  non- 
acceptance  or  non-payment, 1  00 

For  noting  a  marine  protest, 1  00 

For  affixing  notaries'  seal, 50 

For  every  search  where  no  copy  is  made, 25 

For  administering  an  oath  or  taking  an  acknowledgment 12  J 

For  all  other  acts  and  service,  in  ])roi3ortion  to  the  afi)rcsaid 

lees,  to  be  paid  at  the  time  of  doing  the  same. 
For  going  any  distance  more  than  three  miles  from  his  place  of 
residence,  per  mile, 20 

Payments  to  State  Treasurer. 
Sec.  22.  Every  Notary  Public  shall,  in  the  first  week  of  January, 
July  and  October,  in  each  year,  pay  to  the  Treasurer  of  the  State,  one- 
half  of  all  fees  received  by  him  for  protests,  and  on  failure  to  comply 
with  the  requirements  of  this  Section,  he  shall  tbrfeit  in  each  case, 
the  sum  of  fifty  dollars,  to  be  collected  and  paid  for  the  use  of  the 
State.— 1862,  Chap.  100. 

Bonds  $6,000  in  Baltimore  City  and  ^2,000  in  the  Counties. 
Sec.  23.  Every  Notary  Public,  before  he  shall  be  commissioned  or 
authorized  to  discharge  the  duties  of  his  office,  shall  give  bond  to 
the  State  of  Maryland,  with  security,  to  be  approved  by  the  Gov- 
ernor, in  the  i:)cnalty  of  six  thousand  dolhtrs,  if  appointed  for 
the  City  of  Baltimore,  and  in  penalty  of  two  thousand  dollars  if 
appointed  for  any  county,  conditioned  for  the  payment  into  the 
Treasury  of  that  portion  of  the  notarial  fees  received  by  him,  for  the 
use  of  the  State ;  and  if  any  person  appointed  a  Notary  Public  shall 
neglect  or  refuse  to  give  such  bond  within  thirty  days  from  the  date 
of  his  appointment,  the  Governor  shall  appoint  some  other  person  in 
his  place. — lb62,  Chap.  113. 

Statement  of  Protests  and  Fees. 

Sec.  24.  Every  Notary  Public  shall,  at  the  time  of  making  the  pav- 
n;ent  herein  required  to  be  made  into  the  Treasury,  accompany  such 
l)aYmcnt  by  a  statement,  under  oath,  showing  the  number  of  protests 
made  by  him,  and  the  fees  received  therefor. 

Sec.  25.  The  three  last  preceding  sections  shall  not  apply  to  Nota- 
ries in  any  of  the  counties,  unless  the  fees  on  protests  in  any  one 
year  shall  exceed  the  sum  of  three  hundred  and  fifty  dollars. — 1868, 
Chapter  259. 


AUDITORS    OF    COURTS. 

Constitution — Article  IV,  Section  9. 

"The  Judge  or  Jiidges  of  any  Court  way  appoint  sucli  officers  for 
their  respective  Courts  as  may  be  found  necessary ;  and  such  officers 
of  the  Courts  in  the  City  of  Baltimore  shall  be  appointed  by  the 
Judges  of  the  Supreme  Bench." — Art.  4,  Sec.  9. 

The  Act  of  1870,  Chapter  74,  amends  Section  18  of  Article  19  of 
the  Public  General  Law,  as  follows : 

Aiiditors — Hoio  Appointed — Their  Duties  in  Chancery. 
Aht.  19,  Sec.  18.  Every  Judge  of  a  Court  of  Equity  may  appoint, 
during  his  pleasure,  a  jjerson  of  integrity,  judgment  and  skill  in 
accounts,  to  be  Auditor  for  the  Court  of  which  he  is  Judge,  who 
shall,  before  he  enters  upon  the  duties  of  his  appointment,  take  an 
oath,  to  be  administered  by  the  Judge  making  the  appointment,  well 
and  faithfully  to  execute  the  duties  of  his  office,  without  favor,  affec- 
tion, partiality  or  prejudice,  and  all  accounts  to  be  stated,  audited,  or 
settled  by  such  Court,  shall  be  referred  for  such  purpose  to  the  Au- 
ditor, who  shall  have  power  to  administer  oaths  to  all  witnesses  and 
persons  proper  to  be  examined  upon  such  accounts,  and  shall  audit, 
state  and  settle  such  accounts  agreeably  to  the  order  of  the  Court, 
and  shall  return  the  same  to  the  Court  to  be  done  with  as  the  Court 
should  think  just,  and  that  in  all  cases  where  the  regular  Auditor  of 
any  Circuit  Court  of  this  State,  may  be  interested  in  any  cause  or 
connected  therewith  as  counsel,  or  in  case  of  sickness,  or  absence  of 
such  Auditor,  or  for  other  cause  existing  where  it  may  be  proper,  for 
such  Auditor  to  act,  it  shall  and  may  be  lawful  for  the  said  Court,  or 
the  Judges  or  Judge  thereof  holding  the  same,  to  appoint  by  order  a 
special  Auditor,  to  whom  reference  shall  be  made  instead  of  the  regu- 
lar Auditor,  and  the  powers,  duties  and  compensation  of  such  special 
Auditor  shall  be  in  all  respects  the  same  as  those  of  the  regular  Au- 
ditor of  said  Court,  and  such  special  auditor  shall  in  all  cases,  before 
acting  as  such,  take  the  oath  prescribed  to  be  taken  by  the  regular 
Auditor.— 1870,  Chap.  74. 

Fees  of  Auditors. 

Art.  19,  Sec.  19.  The  Auditor  shall  be  allowed  four  dollars  and 
fifty  cents  per  day  for  every  day  he  shall  be  reasonably  employed  in 
stating,  auditing  and  settling  any  account,  to  be  paid  by  the  party 
desiring  such  accounts  to  be  stated,  audited  and  settled,  and  taxed 
ill  the  bill  of  costs  of  the  party  for  whom  the  decree  may  pass  in  the 
cause. 

Auditors — When  Appointed  hi/  Courts  of  Law. 

Art.  29,  Sec.  9.  In  all  actions  brought  in  any  court  founded  on 
account,  or  in  which  it  may  be  necessary  to  examine  and  determine 
cm  accounts  between  the  parties,  the  court  may  order  the  accounts 
and  dealings  between  the  parties  to  be  audited  and  stated,  by  an 
auditor  or  auditors  to  be  api)ointcd  by  such  court,  and  there  shall  be 
the  same  proceedings  thereon  as  in  cases  of  action  on  account. 


I 


THE   GRAND  AND  PETIT   JURIES 
OF  THE  COUNTIES  AND  BALTIMORE    CITY. 

Constitutional  Provisions. 

The  provisions  of  the  Declaration  of  Rights  in  regard  to  Juries,  are 
as  follows : 

Right  of  Trial  hy  Jury. 

Art.  5.  The  inhabitants  of  Maryland  are  entitled  to  the  common 
law  of  England  and  the  trial  by  Jury  according  to  the  course  of  that 
land. 

Eight  to  a  Speedy  Trials  c6c. 

Art.  31.  That  in  all  criminal  jirosecutions  every  man  hath  a  right  to 
a  speedy  trial  by  an  impartial  Jury,  without  whose  unanimous  con- 
sent he  ought  not  to  be  found  guilty. 

No  Man  Imprisoned  hit  hy  the  Judgment  of  his  Peers. 
Art.  23.  That  no  man  ought  to  be  taken  or  imprisoned  or  disseized 
of  his  freehold,  liberties  or  privileges,  or  outlawed,  or  exiled,  or,  in 
any  manner,  destroyed  or  deprived  of  his  life,  liberty  or  property,  but 
by  the  judgment  of  his  peers,  or  by  the  law  of  the  land. 

Competency  of  Jurors. 
Art.  36.  That  no  person  otherwise  competent  be  deemed  incompe- 
tent as  a  witness  or  juror  on  account  of  his  religious  belief,  provided 
he  believes  in  the  existence  of  God,  and  that  under  His  dispensation 
such  person  will  be  held  morally  accountable  for  his  acts,  and  be  re- 
warded or  punished  therefor,  either  in  this  Avorld  or  in  the  world  to 
come. 

The  provisions  of  the  Constitution  in  relation  to  Jurors  are  as  fol- 
lows: 

No  Property   Taken^  c6c..  Without  the  Action  of  a  Jury. 

Const.,  Art.  3,  Sec.  40,  provides,  that  no  law  shall  be  passed  au- 
thorizing private  property  to  be  taken  for  public  use  without  just 
compensation  awarded  therefor  by  a  Jury. 

Parlies  may  have  Cases   Tried  without  a  Jury. 
Const.,  Art.  4,  Sec.  8,  provides  that  the  parties  to  any  cause  may 
submit  the  same  to  the  court  without  the  aid  of  a  Jury. 

The  Jury  Judges  of  Law  and  Fact. 

Const.,  Art.  15,  Sec.  5.  In  the  trial  of  all  criminal  cases  the  Jury 
shall  be  the  Judges  of  law  as  well  as  of  fact. 

Bi{;/ht  of  Jury  Trial  for  Over  Five  Dollars. 
Const.,  Art.  15,  Sec.  6.  The  right  of  trial  by  Jury  of  all  issues  of 
fact  in  civil  proceedings  in  the  several  courts  of  law  in  this  State, 
where  the  amount  in  controversy  exceeds  the  sum  of  live  dollars,  shall 
be  inviolably  preserved. 


276  JURIES. 

THE   GENERAL   LAW   RELATING   TO   JURIES. 
\Article  L. 
The  Public  General  Law  relating  to  Jurors  is  contained  in  Article 
50,  as  follows : 

No  Juror  under  25  Years  of  Age. 

Sec.  1.  No  person  shall  be  summoned  and  returned  upon  a  panel 
as  a  Juror  who  may  not  have  arrived  at  the  age  of  twenty-five  years. 

No  Oiyhaiis'  Court  Judge  shall  he  a  Juror. 

Sec.  2.  No  Judge  of  the  Orphans'  Court  shall  be  summoned  to  serve 
as  a  Juror  in  any  case  whatever. 

Persons  over  70  Years  and  Others  Exempted  from  Juries. 
Sec.  3.  All  persons  over  seventy  years  of  age,  and  all  delegates,  cor- 
oners, schoolmasters  and  constables,  during  their  continuance  in  office, 
shall  be  exempt  from  attendance  as  Jurors. 

No  Person  a  Juror  in  Two  Successive  Courts. 
Sec.  4.  No  person  shall  be  summoned  to  two  courts  successively. 

No  Property  Qualification.    . 
Sec.  5.  No  property  qualification  shall  be  required  in  any  Juror. 
No  Person  Interested  to  ie  Summoned  as  a  Juror. 

Sec.  6.  No  sheriff  shall  summon  any  person  to  serve  as  a  Juror  in 
any  court  where  he  hath  knowledge  that  such  person  hath  any  matter 
of  feet  depending  for  trial  at  the  same  court  he  is  summoned  to  serve 
in,  and  no  person  having  such  matter  of  fact  depending  for  trial  shall 
be  admitted  as  a  qualified  Juror  between  party  and  party  during  the 
sitting  of  the  court  in  which  such  matter  of  fact  shall  be  or  exi^ected 
to  be  ttied  ;  and  such  disqualification  shall  be  allowed  as  a  good  cause 
(-if  challenge  of  any  Juror,  but  no  verdict  of  a  Jury  shall  therefore  be  set 
aside,  or  judgment  thereon  stayed,  arrested  or  reversed. 

Sheriff  to  Summon  Orand  and  Petit  Jurors. 

Sec.  7.  The  sheriff's  of  the  several  counties  shall  summon  to  the  sev- 
eral Circuit  Courts  for  the  counties  ten  days  before  the  session  of  the 
suid  courts,  resi^ectively,  a  panel  of  forty-eight  Jurors,  qualified  as 
])roscribed  by  law,  out  of  which  the  said  respective  courts  shall  direct 
tiie  clerk  to  draw  by  ballot  twenty-three  persons,  who  sliall  be  em- 
jianelled  and  sworn  to  serve  as  grand  Jurors  during  the  term  to  which 
tliey  shall  be  summoned;  and  the  persons  remaining  upon  the  said 
original  panel  shall  attend  the  court  and  serve  as  petit  Jurors.  Jurors 
in  tiie  city  of  Baltimore  shall  be  summoned  as  prescribed  in  the  local 
law  of  the  city. 

A  Juror  Neglecting  to  Attend  may  he  Fined  $50. 
Sec.  8.  If  any  Juror  being  so  summoned,  shall,  without  sufficient 
excuse,  neglect  to  appear,  he  shall  be  fined  by  the  court  not  exceeding 
filty  dollars. 

Parties  to  have  List  of  Jurors. 

Sec.  9.  In  all  civil  cases  called  for  trial  in  any  court  in  which  a 

Jury  shall  be  necessary  according  to  the  Constitution  and  Laws  of 

this  State,  twenty  persons  from   the  panel  of  petit  Jurors   shall   be 

drawn  by  ballot  by  the  clerk  under  the  direction  of  the  court,  and  the 


JURIES  277 

names  of  the  twenty  persons  shall  be  ■written  upon  two  lists,  and  one 
of  said  lists  forthwith  delivered  to  the  respective  parties  or  their  coun- 
sel in  the  cause,  and  the  said  parties  or  their  counsel  may  each  strike 
out  four  persons  from  the  said  lists,  and  the  remaininir  twelve  persons 
shall  thereupon  be  immediately  empanelled  and  sworn  as  the  petit 
Jury  in  such  cause. 

Each  Party  to  Strike  Four  Names. 

Sec.  10.  If  the  said  parties  or  their  counsel,  or  either  of  them,  shall 
neglect  or  refuse  to  strike  out  from  the  said  lists  the  number  of  per- 
sons directed  in  the  preceding  section,  the  court  may  direct  the  clerk 
to  strike  out  from  the  list  of  the  party  so  neglecting  or  refusing,  the 
number  in  said  section  directed,  and  the  remaining  twelve  persons 
shall  be  empanelled  and  sworn  as  aforesaid;  but  this  and  the  ]ireced- 
ing  section  shall  not  take  away  the  right  of  any  person  to  challenge 
the  array  or  polls  of  any  jaanel  returned  in  the  manner  allowed  by  the 
laws  of  this  State,  or  in  any  manner  to  change  the  law  in  relation  to 
petitions  for  freedom. 

Talesmen  may  he  Summoned. 

Sec.  11.  The  several  courts  of  this  State  shall  at  all  times  have  pow- 
er to  direct  talesmen  to  be  summoned  to  serve  on  .Juries,  where  with- 
out such  talesmen  there  would  not  be  twenty  of  the  origioal  panel, 
exclusive  of  the  Jury  charged,  from  whom  a  Jury  can  be  formed;  or 
may  direct  such  tales  to  be  summoned,  whenever  by  challenging  or 
otherwise,  a  sufficient  number  of  Jurors  cannot  be  had  to  try  the  case, 
either  civil  or  criminal. 

Drawing  of  a  Panel  Dispensed  With. 

Sec.  12.  If  the  parties  or  their  counsel  agree,  the  drawing  of  a 
panel  of  twenty  Jurors  in  any  cause  may  be  dispensed  with. 

These  Provisions  not  to  Apply  to  Criminal  Cases. 
Sec.  13.  The  provisions  of  the   four   last  preceding  sections  shall 
apply  to  all  criminal  cases  where  the  right  of  peremptory  challenge  is 
not  allowed,  and  the  State's  Attorney  for  the  county  or  city,  or  the 
attorney  prosecuting  for  the  State,  shall  strike  for  the  State. 

Alien  or  Foreigner  Tried  same  as  a  Citizen. 

Sec.  14.  Any  alien,  denizen  or  foreigner  who  may  be  indicted  for 
any  oflence  committed  within  this  State,  shall  be  tried  by  a  Jurii- 
of  the  county  in  the  same  manner  as  the  citizens  thereof,  and  there- 
shall  be  no  challenge  either  to  the  array  or  the  polls  for  the  want  of 
foreigners  on  the  panel  or  Jury  that  may  be  returned. 
Bight  of  Peremptory  Challenge. 

Sec.  15.  The  right  of  lieremptnry  challenge  shall  be  allowed  to  any 
person  who  shall  be  tried  on  ])r(jscntment  or  indictment  for  any  crime 
or  misdemeanor,  the  jJunishment  whereof  by  law,  is  death  or  confine- 
ment in  the  penitentiary,  anil  to  the  State  on  the  trial  ol  such  indict- 
ment or  presentment;  but  the  accused  shall  not  challenge  more  than 
twenty,  nor  the  State  more  than  four  Jui'ors,  without  assigning  cause. 
1872,  Chap.  40. 

Pay  of  Jurors  $2  50  per  Day  and  Mileage. 

Sec.  16.  Jurors  shall  receive  two  dollars  and  a  half  per  day,  for 
each  and  every  day  they  shall  attend  the  several  courts  of  this  State, 


278  JURIES. 

as  Jurors,  and  fifteen  cents  for  each  mile  over  five  miles,  for  coing  to 
and  returning  from  the  court  once  in  each  term,  to  be  paid  by  the 
counties  or  city  respectively  in  which  said  courts  are  held;  all  the 
sections  of  the  several  articles  of  the  Public  Local  Law,  relating  to 
the  pay  and  mileage  of  Jurors  are  hereby  repealed. — 1865,  Chap.  78. 

In  Case  of  Forcible  Entry,  &c.,  Jurors  to  Receive  $1  00  fer  Day. 

Sec.  17.  In  all  cases  of  forcible  entry  and  detainer  which  Jurors 
shall  be  summoned  to  try,  each  Juror  shall  be  entitled  to  the  sum  of 
one  dollar  for  his  services  per  day,  to  be  taxed  in  the  costs  by  the 
justices,  and  any  Juror  who  being  summoned  shall  fail  to  attend  on  a 
case  of  forcible  entry  and  detainer,  shall  be  liable  to  attachment  and 
fine,  in  the  discretion  of  the  justices  to  whom  the  summons  is  returned, 
not  exceeding  ten  dollars. 

Grand  Jury  to  Inquire  into  Condition  of  the  Jail. 

Sec.  18.  The  Grand  Jury  shall  at  each  term  of  the  court  visit  the 
jail  and  inquire  into  its  condition,  the  manner  in  which  it  is  kept 
and  the  treatment  of  the  prisoners,  and  report  the  same  to  the  court. 


THE  JURIES  FOR  THE  COUNTIES. 

The  following  Sections  of  Article  50  of  the  Public  General  Law 
relate  to  the  "Selecting,  Drawing  and  Summoning  Juries  for  the 
Counties." 

To  Furnish  Clei'lcs  of  Courts  Lists  of  Taxahles. 

Sec.  19.  It  shall  be  the  duty  of  the  Clerk  of  the  County  Commis- 
sioners for  each  of  the  counties  of  this  State,  to  make  out  and  file 
with  the  clerks  of  the  Circuit  Courts  for  said  counties,  not  less  than 
twenty  days  before  the  beginning  of  the  first  regular  term  of  said 
courts,  next  ensuing  the  passage  of  this  Act,  and  not  less  than  twenty 
days  before  the  beginning  of  the  second  regular  term  of  said  courts 
after  each  and  every  general  election  held  thereafter,  a  i'air  and  com- 
plete list  of  the  white  male  taxable  inhabitants  or  residents  of  said 
county,  v/hose  names  appear  on  the  tax  books  of  said  county,  and 
who  are  not  known  to  said  clerk  to  be  under  the  age  of  twenty-five 
years,  and  to  which  said  lists,  so  to  be  made  and  filed,  the  said  clerks 
respectively  shall  apjDend  a  certificate,  that  said  list  is  fully  and  fairly 
made;  and  for  making  such  list  the  said  clerk  shall  receive  such 
compensation  as  the  County  Commissioners  shall  deem  right  and 
proper;  and  for  failure  to  peribrm  the  duty  hereby  imposed,  the  said 
clerk  to  said  commissioners  shall  forfeit  and  pay  a  fine  to  the  State  of 
not  less  than  five  hundred  dollars  nor  more  than  one  thousand  dol- 
lars, in  the  discretion  of  the  court,  to  be  recovered  by  indictment  as 
for  a  misdemeanor,  and  he  shall  be  thenceforth  wholly  incapable  of 
holding  or  exercising  the  duties  of  the  said  clerk  to  the  County  Com- 
missioners.— 1870,  Chap.  410. 

Selecting  and  Draining  Jurors. 

Sec.  20.  It  shall  be  the  duty  of  the  Judges  of  the  Circuit  Courts  for 
each  of  the  counties,  not  less  than  fifteen  days  before  the  commence- 
ment of  eacli  term  of  the  court  at  which  .Jurors  are  requir(Ml  to  attend, 
in  the  presence  of  such  practicing  members  of  the  bar  of  said  court  as 


JURIES.  279 

shall  think  proper  to  attend,  notice  of  the  time  and  place  having  been 
lirst  given  to  said  bar  through  the  criers  of  said  courts  to  proceed  to 
select  from  the  lists  last  finished  by  the  clerks  of  the  County  Commis- 
sioners, provided  for  in  the  first  Section  of  this  Act,  and  from  the 
poll-books  of  the  several  election  districts  of  said  counties,  that  shall 
be  returned  and  filed  in  the  clerk's  office  of  said  courts  after  any 
general  election  that  may  be  last  held  previously  to  such  selection,  a 
panel  to  consist  of  the  names  of  two  hundred  persons  in  the  several 
counties  of  Baltimore,  Washington,  Montgomery,  Allegany,  Carroll, 
Frederick,  Anne  Arundel,  Prince  George,  Harford,  Cecil,  Dorchester, 
and  of  one  hundred  and  fifty  persons  in  the  several  counties  of  How- 
ard, Worcester,  Somerset,  Charles,  Calvert,  St.  ]Mary"s.  Kent,  Queen 
Anne's,  Caroline  and  Talbot,  to  be  faii-ly  and  im])artially  selected,  oi 
the  age  aforesaid,  by  the  said  Judges,  with  special  reference  to  the 
intelligence,  sobriety  and  integrity  of  such  persons,  and  without  the 
least  reference  to  their  political  opinion ;  and  of  the  names  of  such 
persons,  when  so  selected,  a  list  shall  be  made,  and  a  certificate  thereto 
appended  by  the  said  Judges,  that  the  said  list  of  names  has  been 
duly  selected  in  conformity  with  and  according  to  the  spirit  and 
intent  of  this  Act,  and  which  said  lists  and  certificates  shall  be  filed 
with  the  clerks  of  the  said  courts,  and  by  them  preserved  as  other 
proceedings  of  the  said  courts  are  kept. — 1870,  Chajj.  320. 

Judges  to  Certify  to  the  Lists — Manner  of  Drawing  if  Sick  or 
Abseyit — Baltimore  County. 
Sec.  21.  When  said  list  of  names,  selected  as  directed  in  the  pre- 
ceding section  is  made  and  certified  as  therein  provided  for,  immedi- 
ately thereupon  the  said  Judges  of  the  said  respective  courts,  in  the 
presence  of  the  members  of  the  bar,  as  aforesaid,  and  siich  other  per- 
sons as  may  think  proper  to  be  jjresent,  shall  cause  all  the  names 
selected  and  placed  on  the  list,  as  aforesaid,  to  be  legibly  written 
upon  ballots,  which  shall  be  of  equal  size  and  of  the  same  color  and 
appearance,  and  shall  be  closely  rolled  or  folded,  and  in  ench  of  the 
said  counties  except  Baltimore  county,  2)laced  by  the  paid  Judges  with 
their  own  hands  immediately  before  the  drawing  herein  provided  for, 
into  a  cubiform  box  with  sliding  top,  of  the  square  of  eight  inches, 
to  be  procured  for  that  purpose  by  the  clerk  of  said  court,  under 
the  direction  of  the  said  Judges,  and  after  so  depositing  said  ballots, 
the  said  box  shall  be  closed,  and  the  said  Judges  shall  then  cause  the 
clerk  or  one  of  his  deputies,  whom  the  said  Judges  shall  desir^nate, 
neither  one  nor  the  other  who  may  be  so  required  to  act  to  be  present 
at  the  writing,  rolling  or  folding  and  depositing  said  ballots  into  the 
box  as  herein  directed,  to  appear  before  them  and  then  and  there,  in 
the  presence  of  the  said  Judges,  and  such  other  persons  as  may 
choose  to  be  present,  after  well  and  thoroughly  shaking  said  box,  so 
that  the  ballots  be  well  mixed,  to  draw-  from  said  box" through  such 
opening  made  by  removing  the  sliding  top  thereof,  as  will  only  con- 
veniently admit  the  hands,  and  witliout  in  any  manner  looking  into 
said  box,  one  by  one,  forty-eight  of  said  ballots,  and  the  name  appear- 
ing on  said  l)allots  as  drawn  shall  be  duly  recorded  by  the  said 
Judges,  or  by  the  clerk,  in  his  presence  and  under  his  direction,  in 
the  order  in  which  they  shall  be  drawn ;  and  in  Baltimore  county  a 
box  shall  be  procured  as  aforesaid,  of  the  form  aforesaid,  and  of  the 


280  JURIES. 

square  of inches,  and  said  box  shall  be  divided  into  thirteen 

compartments,  which  shall  be  numbered  to  correspond  with  the  dis- 
tricts of  the  said  county,  and  the  names  of  the  persons  selected  as 
aforesaid  shall  be  i^laced  by  the  said  Judges  in  the  said  compart- 
ments of  said  box  respectively,  which  bear  the  numbers  of  the  dis- 
tricts where  the  persons  so  selected  respectively  reside,  and  there  shall 
be  then  drawn  in  the  manner  hereinbefore  provided  for  the  other 
counties,  five  names  from  compartment  number  one,  three  from  number 
two,  five  from  number  three,  three  from  number  four,  two  from  numljer 
five,  three  from  number  six,  three  from  number  seven,  five  from  number 
eight,  six  from  number  nine,  two  from  number  ten,  three  fi-om  number 
eleven,  six  from  number  twelve,  and  two  from  number  thirteen,  and 
said  names  so  drawn  shall  be  recorded  as  hereinbefore  directed,  and 
thereupon  the  said  Judges  shall  forthwith  order  a  venire  facias,  di- 
rected to  the  sheriff  of  the  said  counties  respectively,  commanding 
them  to  summon  as  Jurors  to  attend  at  the  next  ensuing  term  of  said 
courts,  the  several  persons  whose  names  may  be  drawn  as  aforesaid, 
and  if  any  such  persons  whose  names  are  so  drawn  and  embraced  in 
said  venire  facias  should  be  dead,  sick,  or  otherwise  unable  to  attend, 
or  should  be  absent,  and  therefore  not  to  be  found,  it  shall  be  the 
duty  of  said  sherift'  forthwith  to  return  the  fact  of  such  death,  disa- 
l)ility  or  absence,  and  the  said  Judges  shall  thereupon  cause  to  be 
drawn  from  said  box,  in  the  manner  hereinbefore  directed,  other 
names  in  the  place  and  stead  of  the  original  who  may  be  dead,  disa- 
bled or  absent,  and  shall  cause  the  name  or  names  of  such  person  or 
persons  so  as  last  aforesaid  drawn,  to  be  inserted  in  the  said  venire 
facias  to  be  summoned  as  aforesaid,  and  it  shall  be  the  duty  of  the 
sherifl"  to  summon  the  persons  named  in  said  venire  facias,  and  make 
return  thereof  to  the  said  court  at  the  opening  of  its  session. — 1870, 
Chap.  220. 

Judges  to  Loclc  the  Box  and  Keep  tTte  Key. 

Sec.  22.  Immediately  afrer  each  drawing  for  Jurors  as  directed  in 
the  preceding  section  and  for  talesman  as  hereinafter  directed  and 
without  suffering  the  said  ballots  remaining  in  said  box  to  be  taken 
out,  or  in  any  manner  removed  therefrom,  or  inspected  or  examined, 
or  the  said  box  to  be  looked  into  or  removed  fi'om  his  presence  by  any 
person  whatever,  the  said  Judge  of  the  said  respective  courts  shall 
close  said  box  and  either  lock  or  seal  the  same  securely,  and  keeping 
the  key  or  seal  thereof  himself,  shall  deposit  the  said  box  containing 
the  remaining  ballots  with  the  clerk  of  the  said  court  to  be  by  him 
safely  kept,  free  from  any  handling  or  interference  by  any  person  what- 
ever, unless  it  be  in  the  presence  of  the  said  Judge,  and  by  his  direction, 
and  then  only  in  the  manner  herein  directed ;  and  if  for  the  trial  of 
any  cause  or  causes,  whether  civil  or  criminal  in  the  said  Circuit 
Court,  a  talesman  or  talesmen  be  required,  the  Judge  of  the  said 
Court  may  order  the  sheriff  to  summon  such  talesman  or  talesmen 
either  from  a  list  of  names  that  shall  be  drawn  from  the  said  box  con- 
taining the  said  l)allot8  in  the  mode  and  manner  as  directed  by  the 
third  section  of  this  Act  and  furnished  to  the  said  Sheriff;  or  from 
the  community  at  large  as  heretofore  practiced. — 1867,  ch.  329. 

The  Qramd  Jurors. 
Sec.  23.  Of  the  forty-eight  Jurors  drawn  and  summoned  as  in  the 
third  section  oi'  this  Act  directed  the  twenty-three  names  first  accru- 


JURIES.  281 

ing  in  the  order  in  wliicli  they  were  drawn,  shall  constitute  and  be 
the  Grand  Jury  for  tho  MisuiuLT  term  of  the  said  Court,  and  tlie  re- 
maining twenty-live  names  next  in  order  in  the  drawing,  shall  consti- 
tute and  be  the  petit  Jury  of  said  ensuing  term  of  said  Court. — Hid. 

Jurors  Disqimlijied  not  to  Invalidate  the  Drawing. 
Sec.  24.  The  name  of  no  person  disqualified  or  exempted  by  exist- 
ing law  from  serving  as  a  Juror,  or  who,  l)y  existing  law,  the  sherilf 
is  f  )rbidden  to  summon  as  such,  shall  be  selected  and  placed  upon 
the  panel  or  list,  from  which  the  drawing  is  to  be  made  as  directed  by 
this  Act;  nor  shall  any  person  be  drawn  and  summoned  to  two  courts 
successively,  but  the  selection  or  drawing  of  any  ])erson  disqualified 
as  a  Juror  under  this  Act,  shall  not  invalidate  the  drawing  or  selec- 
tion, but  such  error  may  be  corrected  by  drawing  another  person  from 
the  box  in  place  of  the  ])erson  improperly  selected  or  drawn  ;  and  the 
said  court  shall  have  full  power  and  authority  to  coerce  the  attend- 
ance of  Jurors  drawn  and  summoned  under  this  Act,  and  to  punish 
by  fine  or  imprisonment,  or  both,  for  any  default  or  contempt  commit- 
ted in  disregarding  such  summons. — 1870,  ch.  410. 

Duty  of  Judges. 

Sec.  25.  Before  the  drawing  of  any  new  panel  of  Jurors  from  the 
tax  lists  and  poll  books  as  provided  in  the  first  and  second  sections  of 
this  Act,  it  shall  be  the  duty  of  the  said  courts  to  have  tlie  box  in 
which  the  names  of  Jurors  have  been  deposited  to  be  emptied  of  any 
and  .'ill  the  ballots  therein  remaining. — 18()0,  ch.  329. 

Judges   may  have   Special   Panels  Selected  to  Try   Removed  Cases. 

Article  75,  Section  76  of  the  Public  General  Law,  entitled  Removal 
of  Causes,  provides  as  follows: 

Art.  75,  Sec.  76.  It  shall  be  in  the  power  and  discretion  of  the  judge 
or  judges,  should  he  or  they  think  it  proper,  to  cause  a  special  panel  of 
forty-eight  Jurors  to  be  selected  by  the  sherift"from  the  community  at 
lar<;e  to  try  any  cause  or  causes  removed  under  the  preceding  sections 
of  this  act,  and  the  court  shall  direct  the  clerk  thereof  to  divide,  by  bal- 
lot, said  number  of  J  urors  into  two  panels  of  petit  Jurors,  and  may 
take  such  order  for  regulating  the  attendance  of  said  panels  as  the 
said  court  shall  see  fit,  and  the  said  court  may  direct  talesmen  to  be 
summoned  in  said  cause  or  causes  whenever  necessary — 1S65,  Ch.  187. 


PUNISHMENT   FOR   BRIBING  JURORS. 

The  Public  General  Law,  Article  80,  relating  to  "Crimes  and  Pun- 
ishments," provides  as  follows : 

Punishment  for  Bribing  Jurors.,  &c. 

Art.  30,  Sec.  18,  Provides  for  the  punishment  of  bribing  Jurors, 
by  imprisonment  in  the  penitentiary  l(n'  not  less  than  eighteen  months 
nor  more  than  six  years,  and  disqualification  for  ever  serving  on 
Juries.     The  same  punishment  for  the  Juror  taking  bribe. 

Art.  30,  Sec.  19,  provides  that  corruptly  endeavoring  to  influence, 
intimidate  or  impede  any  Juror,  shall  be  punished  by  tine  not  exceed- 
ing five  hundred  dollars,  or  by  imprisonment  not  exceeding  three 
months,  or  both. 


282  JURIES. 

THE  JUROES  IN   BALTIMORE   CITY. 

Article  4  of  the  Public  Local  Law  provides  as  follows : 

Judges  of  Sufreme  Bench  to  Select  List  of  Names  for  Jurors,  &c. 

Sec.  1.  The  .Jud<,'e  of  the  Superior  Court  of  Baltimore  City,  the 
.Judge  of  the  Court  of  Common  Pleas,  the  Judge  of  the  Baltimore 
City  Court,  the  Judge  of  the  Circuit  Court  of  Baltimore  City,  and 
the  -Judge  of  the  Criminal  Court  of  Baltimore,  shall  meet  at  such 
place  in  the  city  of  Baltimore  as  the  said  judges  shall  appoint,  on 
such  day  in  the  month  of  March  in  each  and  every  year,  as  the  said 
judges  shall  agree  upon;  and  it  shall  be  the  duty  of  the  said  judges 
meeting  as  aforesaid,  at  such  meeting,  or  at  such  adjourned  meeting, 
as  they  shall  hold  for  the  purposes  hereinafter  mentioned,  in  the 
month  of  March  of  each  and  every  year  as  aforesaid,  to  select  the 
names  of  seven  hundred  and  fifty  persons,  qualified  under  the  law  of 
this  State,  to  serve  as  Grand  and  Petit  Jurors  in  said  city. — 1867, 
Chap.  401. 

Collector  to  File  List  of  Taxable  Males — His  Pay. 
Sec.  2.  In  order  to  assist  the  said  judges  in  making  out  the  list  of 
Jurors  aforesaid,  the  collector  of  taxes  of  the  city  of  Baltimore  shall, 
before  the  first  day  of  February  in  each  and  every  year,  lodge  with 
the  clerk  of  the  Superior  Court  of  said  city,  for  the  use  of  said  judges, 
a  certified  list  of  all  the  taxable  male  inhabitants  of  the  said  city, 
setting  out  their  names  and  places  of  residence,  so  far  as  the  same 
may  be  ascertained ;  and  the  said  collector  shall  receive  for  sucli 
service,  a  compensation  to  be  fixed  by  said  judges,  and  shall  be  paid 
as  Jurors  are  paid. — Hid. 

Clerics  to  Draw  the  Jurors — Sheriff  to  he  Present. 

Sec.  3.  The  said  judges  having  prepared  the  said  list,  shall  require 
the  clerks  of  the  several  courts  of  Baltimore  city,  or  a  majority  of 
them,  to  meet  in  such  one  of  the  court  rooms  of  the  said  city,  at  such 
time  as  they  shall  appoint,  not  less  than  ten  days  1  lefore  the  beginning 
of  the  May  term  of  the  Superior  Court  of  Baltimore  city,  and  the 
names  selected  by  the  said  judges  shall  be  inscribed  upon  ballots, 
which  shall  be  of  equal  size,  color  and  appearance,  and  shall  be  closely 
folded,  and  shall  be  jjlaced  in  a  box  prepared  for  that  purpose  by  the 
clerks  themselves.  And  the  sheritl"  of  Baltimore  city,  or  such  of  his 
deputies  as  he  shall  designate,  shall  attend  before  the  said  clerks,  and 
it  shall  be  the  duty  of  the  said  sherift',  or  his  deputy  as  aforesaid,  in 
the  presence  of  the  said  clerks  and  such  other  persons  as  may  choose 
to  attend  in  said  court,  to  draw,  one  by  one,  all  the  ballots  contained 
in  the  said  box,  and  as  the  said  ballots  are  drawn,  the  names  appear- 
ing thereon,  shall  be  duly  recorded  in  the  oriler  in  which  they  shall 
be  drawn  by  the  said  clerks,  or  under  their  personal  direction  and 
inspection,  by  some  person  to  be  appointed  by  the  iudges  aforesaid. 
18G5,  Chap.  44.  J'  J      = 

Penalty  for  Frauds  Relatino  to  Drawing. 
Sec.  4.  Any  oflicer,  deputy,  or  person  whatsoever,  who  shall  fraud- 
ulently mark  or  designate,  or  open,  or  leave  open,  or  cause  or  know- 
ingly permit  to  be  marked  or  designated,  or  opened,  or  left  open,  any 
ballot  or  l)allots  for  Jurors,  which  shall  be  prejjared  fir  the  purpose 


JURIES.  28" 

of  being  drawn  nnder  this  Article,  or  who  by  any  fraudulent  con- 
trivance, device  or  collusion  whatsoever,  shall  j)repan\  or  arrantre. 
or  cause  or  knowingly  permit  to  be  j^repared  or  arranged  any  ballot 
or  ballots  aforesaid,  so  that  the  same  or  any  thereof  may  be  known  or 
recognized  in  the  drawing  thereof,  or  for  the  i)urpose  of  their  lieing 
so  known  or  recognized;  and  any  person  or  persons  who  shall  in  any 
way  fraudulently  or  collusively  deal,  or  conspire,  or  contrive  to  deal 
with  the  ballots  aforesaid,  or  any  of  them,  or  the  drawing  thereof,  or 
with  the  j^reparation  or  folding  of  said  ballot  or  ballots,  or  with  the 
wheel  aforesaid,  so  that  the  fair  operation  and  lawful  and  impartial 
execution  of  the  provisions  of  this  Article,  in  regard  to  the  selection 
of  Jurors  in  the  city  of  Baltimore,  shall  be  knowingly  prevented  or 
interfered  with,  or  with  intent  to  interfere  with  or  prevent  the  same, 
or  permit  or  allow  the  same  to  be  interfered  with  or  prevented,  shall 
be  guilty  of  felony,  and  upon  conviction  thereof,  shall  be  sentenced 
to  be  confined  in  the  penitentiary  for  a  term  of  not  less  than  one  nor 
more  than  three  years.  Nothing  in  this  Section  shall  be  held  to  affect 
the  liability  of  any  jierson  or  persons  for  any  forfeiture  imposed  by 
Section  17,  hereinafter,  of  this  Article. — 1861,  Chap.  51. 

Sheriff  to  Summon  Qrand  Jurors. 

Sec.  5.  The  sherifl"  of  Baltimore  city  shall,  before  each  term  of  the 
Criminal  Court  of  Baltimore,  summon  twenty-three  persons  from  the 
list  prepared  by  the  Judges,  to  serve  as  Grand  Jurors  for  the  ensuing 
term  of  said  court. — 18G4,  Chap.  106. 

Superior  Court  Jury. 

Sec.  6.  The  twenty-five  names  first  in  order  on  the  said  list  shall 
constitute  the  Jurors  for  the  Superior  Court  of  Baltimore  city,  for  the 
three  weeks  to  ensue  after  the  commencement  of  the  next  term  of  the 
said  court. — Ibid. 

Court  of   Common   Pleas  and    City    Court  Juries. 

Sec.  7.  The  twentv-five  names  next  in  order  on  the  said  list,  shall 
constitute  and  be  the  Jurors  for  the  Court  of  Common  Pleas  for  the 
three  weeks  to  ensue  after  the  commencement  of  the  next  term  of  the 
said  court;  and  so  as  to  the  Baltimore  City  Court. — 1867,  Chap.  401. 

Criminal    Court  Jury. 

Sec.  8.  The  twenty-five  names  then  next  dra^vn  on  the  said  list 
shall  constitute  and  be  the  Jurors  for  the  Criminal  Court  of  Balti- 
more for  the  three  weeks  to  ensue  after  the  commencement  of  the  next 
tenn  of  the  said  court. — Ibid. 

Books  to  be  Certijied  by  Judges  and  called  Jury  Books. 
Sec.  9.  After  all  the  names  in  the  box  are  drawn,  it  shall  be  the 
duty  of  the  said  judges  to  cause  the  names  of  the  said  several  panels 
and  the  names  of  the  other  persons  drawn  as  aforesaid,  to  be  entered 
in  six  several  books,  in  the  order  in  which  the  said  jjanels  and  the 
names  as  aforesaid  were  drawn  as  aforesaid ;  and  the  said  books  shall 
be  certified  by  the  said  several  judges  to  be  true  copies  of  each  other; 
and  shall  be  denominated  jury  books  for  Baltimore  city. — Ibid. 

Where  Jury  Books  are  to  be  Deposited. 

Sec.  10.  When  the  said  jury  books  are  i)repared  and  certified,  as 
directed  in  the  foregoing  section,  it  shall   be  the  duty  of  the  said 


284  JURIES. 

Judges,  or  a  majority  of  them,  to  cause  one  of  the  said  books  to  be 
deposited  in  the  custody  of  the  clerk  of  the  Superior  Court  of  Balti- 
more city ;  one  in  the  custody  of  the  clerk  of  the  Court  of  Common 
Pleas;  one  in  the  custody  of  the  clerk  of  the  Baltimore  City  Court; 
one  in  the  custody  of  the  clerk  of  the  Criminal  Court  of  Baltimore,  and 
one  in  the  custody  of  the  shcriQ'  of  Baltimore  city;  and  one  sliall 
be  retained  by  the  said  judges,  or  by  such  one  of  their  number  as  they 
shall  appoint,  for  the  purpose  of  verifying  the  lists  of  persons  so  de- 
livered as  aforesaid  to  the  clerk  as  aforesaid,  or  to  the  sheriff  of  Bal- 
timore city;  and  when  the  said  book  is  delivered  to  him — the  said 
sheriff  of  Baltimore — he  shall  immediately  summon  the  several  Jurors 
dra-^vn  lor  the  several  panels  named  in  the  said  book,  to  serve  in  the 
court  for  which  they  have  been  respectively  drawn,  at  such  time  as 
shall  be  designated  by  the  court. — Ibid. 

Duty  of  Sheriff  when  Juror  is  Disqualijied. 
Sec.  11.  If  any  of  the  Jurors  so  set  down  on  the  lists  as  aforesaid 
shall  be  legally  disabled  or  excused  from  attending,  the  sheriff,  on 
being  notified  thereof,  sliall  complete  the  said  panel  or  panels  in 
which  Jurors  are  needed,  by  summoning  in  the  stead  of  such  Juror 
or  Jurors,  the  persons  whose  names  are  set  down  in  the  said  jury  book 
next  after  the  regular  panels  as  aforesaid ;  and  he  shall  summon  such 
person  or  persons  in  the  order  in  which  they  are  thereupon  set  down, 
and  not  otherwise. 

Jurors  to  Serve  Three  Weeks — Penalty  for  Non-Attendance. 
Sec.  12.  Every  Petit  Juror  sworn  upon  any  special  panel  shall  con- 
tinue to  serve  thereon  until  discharged  by  the  court,  notwithstanding 
the  expiration  of  his  term  of  three  weeks  aforesaid;  but  no  one  sum- 
moned as  a  Juror  shall  be  excused  fi-om  service  except  in  open  court, 
on  good  cause  shown  to  the  satistaction  of  the  court:  and  if  any 
Juror  summoned,  and  not  excused,  shall  fail  to  attend  the  said  court 
until  duly  discharged,  he  shall  be  lined  for  the  use  of  the  said  city, 
not  less  than  twenty,  nor  more  than  two  hundred  dollars,  to  be 
recovered  by  attachment,  or  such  other  appropriate  process  as  the 
said  court  may  direct. 

Summoning  Talesmen — Duty  of  Sheriff. 
Sec.  13  If  at  any  trial  of  any  cause  in  any  of  the  said  several 
courts  as  a.forcsaid,  tales  de  ci7-cu7nsfantibus  shaW  be  ordered,  it  sh-dl 
be  the  duty  of  the  sheriff  to  summon  as  such  talesmen,  those  who  are 
entered  in  said  book,  and  who  are  not  upon  the  regular  panels  as 
aforesaid,  and  such  talesman  shall  be  summoned  and  called  to 
be  sworn  or  affirmed  on  their  voir  dire,  or  otherwise,  in  the  order 
in  which  their  names  are  set  doAvn  on  the  said  jury  book,  unless 
the  said  sheriff,  or  his  deputy  in  that  behalf,  shall  swear  that  he 
has  made  true  and  diligent  search  for  such  persons  as  do  not  ap- 
pear, and  that  they  cannot  be  found ;  or  unless,  beincr  summoned, 
such  persons  have  tailed  to  appear:  in  that  event,  such  of  the  tales- 
men as  have  been  properly  summoned  and  have  appeared,  shall 
be  called  to  be  sworn  in  the  order  in  which  their  said  names  are 
recorded  in  the  jury  book  aforesaid,  or  whenever  in  the  Superior 
Court  of  Baltimore  city,  the  Court  of  Common  Pleas,  or  the  Baltimore 
City  Court,  it  shall  be  necessary  to  summon  talesmen,  the  judges  of 


JURIES  285 

the  said  courts  respectively,  instead  of  or  in  addition  to  resorting  to 
tlie  foregoing  provisions  of  this  section  for  tlie  .summoning  of  tales- 
men, may  order  the  sheriff  to  summon  as  such  talesmen,  any  of  the 
jurvinen  in  attendance  upon  cither  of  the  other  of  the  said  courts 
who  may  not  tlien  be  engaged  as  part  of  any  special  panel. — 1868, 
Chap.  175. 

Talesmen  to  he  Summoned  from  Regular  Panels  of  Other  Courts,  &c. 
Sec.  14.  If  it  should  so  happen  that  the  said  lists  of  persons  com- 
petent to  act  as  Jurors,  other  than  the  regular  panels  as  aforesaid, 
should  at  any  time  !)e  exhausted  as  talesmen,  it  shall  also  be  com.pe- 
tent  for  the  sheriff  to  summon  as  talesmen,  any  of  the  regular  panels 
in  any  of  tlie  other  of  said  courts  in  Baltimore  city,  who  may  he  at 
the  time  of  such  summons  not  engaged  as  part  of  any  special  panel 
in  any  of  the  said  courts:  but  it  is  herein  provided,  that  whenever 
any  part  of  the  regular  panel  of  any  court  shall  be  by  the  sheriff  as 
aforesaid  summoned  to  attend  in  any  other  as  talesmen.  Jurors  of 
the  regular  panel  of  the  court  in  which  talesmen  are  required,  or  so 
many  of  them  as  shall  be  needed,  shall  be  by  the  said  sheriff  notified 
to  attend  in  the  courts  from  which  regular  Jurors  have  been  with- 
drawn; and  the  said  Jurors  slAu  attend  accordingly  in  the  said 
courts  until  the  regular  Jurors  of  said  court  are  discharged  from  the 
court  in  which  they  shall  be  required  to  serve  as  talesmen  as  aforesaid. 

Jury  Lists,  Tww  Revised  and  Kept    Up — Juror  Exempt  for    Two 

Years  after  Service. 

Sec.  15.  It  shall  be  the  duty  of  the  judges  aforesaid  to  assemble  on 
the  fourth  Monday  of  the  May  term  ol  the  Superior  Court  of  Balti- 
more as  albresaid,  and  tiiereafter  from  three  weeks  to  three  weeks 
during  the  said  terms,  and  also  ten  days  before  the  commencement  ol 
each  of  the  regular  terms  of  the  Superior  Court  as  aforesaid,  during 
each  year,  and  at  such  meetings,  the  said  judges  shall  cause  the  said 
sheriff  of  Baltimore  city  to  attend  as  in  this  law  hereinbefore  provided ; 
and  the  said  judges,  or  a  majority  of  them,  shall  then  cause  the  names 
of  those  who  have  served  on  the  regular  panels  of  the  courts  aforesaid 
to  be  stricken  from  the  jury  lists,  and  the  said  i:)ersons  shall  not  be 
liable  to  serve  again  as  Jurors  for  the  period  of  two  years,  reckoning 
the  said  two  years  from  the  said  preceding  second  Monday  in  ]\Iay, 
as  aforesaid;  and  the  said  judges  shall  then  add  to  the  said  jury  list 
such  number  of  names  as  shall  make  up  the  whole  number  of  seven 
hundred  and  fifty  names — the  said  additional  names  to  be  drawn  by 
the  sheriff,  or  his  deputy,  from  a  list  thereof  to  be  made  by  the  judges, 
as  provided  in  section  two,  and  to  be  added  to  the  prior  list,  and 
recorded  in  the  order  in  which  they  shall  bo  drawn;  and  then  from 
the  said  whole  number,  the;  panels  shall  be  taken  for  the  Sui)erior 
Court,  Court  of  Common  Pleas,  City  Court,  and  Criminal  Court,  in 
the  manner  heretofore  provided  in  this  hiw;  and  a~l  the  regulations 
])rescribed  by  this  law  for  the  government  of  the  said  judges,  and  of 
the  sheritt",  or  his  deputy  us  aforesaid,  in  reference  to  Jurors,  shall 
apply  to  all  grand  or  petit  Jurors  to  be  thereafter  selected  and  sum- 
moned for  the  said  city  during  the  year  aforesaid ;  and  the  jury  books 
hereinbefore  directed  to  be  prepared,  sliall  be  corrected  and  certified 
l^y  the  said  judges  as  corrected,  and  be  preserved  as  hereinbefore 
directed. 


286  JURIES. 

Special  Juries  to  he  Summoned. 
Sec.  16.  All   special   Juries   autliorized  by  law  to  be  summoned, 
shall  be  summoned  by  the  sheriff  of  Baltimore  city,  from  those  whose 
names  may  be  inscribed  in  the  jury  book  as  then  revised. 

Penalty  on  Sheriff. 
Sec.  17.  If  any  sheriff  of  Baltimore  city,  or  any  deputy  thereof, 
shall  wilfully  violate  the  provisions  of  this  Article  relating  to  Juries, 
the  said  sheriff  shall  forfeit  the  sum  of  one  thousand  dollars,  which 
shall  be  recovered  by  civil  action  in  the  name  of  the  State  against 
the  sheriff  and  the  sureties  on  his  bond,  in  that  behalf;  and  one- 
half  of  the  i^enalty  shall  be  paid  to  the  informer,  who  shall  be  a  com- 
petent witness. 

Any  Two  Judges  may  Act. 
Sec.  18.  Any  two  of  the  judges  named  in  Section  one  of  this  Arti- 
cle may  constitute  a  quorum  at  any  meeting  held  under  the  provi- 
sions of  this  Article,  and  may  exercise  all  the  powers  hereby  reposed 
in  the  said  judges. 

State's  Attorney  may  Challenge  Five  Persons  Peremptorily. 

Sec.  19.  In  all  criminal  cases  in  which  the  person  indicted  has  or 
may  have  the  right  of  peremptory  challenge,  the  State's  attorney 
shall  have  the  right  to  challenge  peremptorily  any  number  of  Jurors 
not  exceeding  five. 

Grand  Jury  to  Visit  Jail. 

Sec.  20.  The  Grand  Jury  shall  at  each  term  of  the  court  visit  the 
jail  and  inquire  into  its  condition,  the  manner  in  which  it  is  kejjt  and 
the  treatment  of  the  prisoners,  and  report  the  same  to  the  court. 

Provisions  Construed — Neglectful   Offcers. 

Sec.  21.  All  the  provisions  of  this  Article  relating  to  the  mode  of 
drawing  and  summoning  Jurors,  shall  be  construed  as  directory 
merely,  and  no  indictment  or  presentment  for  any  felony  or  misde- 
meanor shall  be  quashed,  nor  shall  any  judgment  upon  any  indict- 
ment, or  presentment,  whether  after  verdict,  by  confession  or  other- 
wise, be  stayed,  or  reversed,  nor  shall  any  challenge  to  the  array  of 
.Jurors  be  allowed  because  of  any  failure  by  the  judges,  or  the  clerks, 
or  the  sheriff,  to  comply  with  the  provisions  of  law  relating  to  the 
drawing  of  Jurors  in  the  city  of  Baltimore;  provided,  nevertheless, 
that  if  any  officer  concerned  in  the  drawing  of  said  Jurors  shall  wil- 
fully neglect  to  perform  any  duty  empowered  upon  him  by  law,  he 
shall  be  liable  to  indictment  in  the  Criminal  Court  of  Baltimore,  and 
iil)on  conviction  shall  be  fined  the  sum  of  one  thousand  dollars. — Ic 'J7, 
Chap.  2(39. 

Jury  in  Circuit  Court — When  a  Jury  may  he  Summoned. 
Sec.  22.  Whenever  in  any  case  instituted  in  the  Circuit  Court  a 
Jury  is  asked  for  and  allowed,  or  is  desired  by  the  judgs  thereof,  the 
judge  shall  issue  an  order  to  the  sheriff' of  Baltimore  city,  requiring 
liim  to  summon  twenty  Jurors  to  attend  the  court,  when  proceedings 
shall  be  had  in  such  case  as  is  usual  in  such  cases  in  equity. 

Pay  and  Mileage  of  Jurors. 
Sec.  23.  Jurors  shall   receive  two  dollars  and  a  half  per  day,  for 
each  and  every  day  they  shall  attend  the  several  courts  of  this  State 


jur.iES.  287 

as  Jurors,  and  fifteen  cents  for  each  mile  over  five  miles,  for  goincf  to 
and  ret urnino;  from  the  court  once  in  each  term,  to  be  paid  by  the 
counties  or  city  respectively  in  which  such  courts  are  held. — 1865, 
Chap.  78. 


The  following  Ordinances  of  Baltimore  city  relate  to  the  pay  of 
Jurors : 

Clerks  of  Courts  to  Furnish  Names  of  Jnrors  to  Register. 
Sec.  1.  The  clerks  of  the  several  courts  of  this  city  are  requested  to 
furnish  to  the  register  of  this  city,  as  soon  as  they  can  conveniently 
do  so,  after  the  discharge  of  the  Jurors,  who  have  served  as  such  in 
any  of  the  said  courts,  a  list  of  the  names  of  such  jurors,  showing  the 
number  of  days  each  Juror  has  attended  as  a  Juror,  the  term  in  wliich 
said  service  was  rendered,  and  the  amount  due  each  Juror. — Ord. 
No.  22,  1866. 

Certificate  to  he  Presented  to  Register  for  Payment. 
Sec.  2.  On  the  presentation  of  a  certificate  from  any  of  the  clerks  of 
the  several  courts  of  this  city  by  any  Juror,  or  his  legal  representative, 
to  the  register  of  the  city  for  payment  after  the  said  register  shall  have 
received  from  the  clerk  of  said  court  the  list  of  Jurors  as  provided  in 
the  preceding  section,  and  it  shall  appear  on  examination  of  said  list 
80  received  as  aforesaid,  that  the  certificate  presented  for  payment  is 
correct,  the  said  register  is  hereby  authorized  and  directed  to  pay 
such  Juror,  or  his  legal  representative,  the  amount  due  as  shown  by 
said  certificate. 


Wicomico  County. 
The  Act  of  1868,  Chapter  118,  Section  14,  places  Wicomico  county 
in  the  list  of  counties  in  which  one  hundred  and  fifty  names  are 
selected  by  the  judges  as  prescribed  in  Article  50,  Section  20. — Act 
of  1870,  Chap.  220. 

Judges  to  Select  150  Names. 
The  judges  of  the  Circuit  Court  for  Wicomico  county,  or  some  one 
of  them,  within  the  period  of  one  month,  and  not  less  than  fifteen 
days  before  each  jury  term  of  said  court,  shall  select  from  the  lists 
prescribed  by  law,  one  hundred  and  fifty  names,  to  be  placed  in  a 
box  such  as  is  provided  by  law  for  the  other  counties  in  the  State, 
from  which  he  shall  cause  to  be  drawn,  in  the  manner  prescribed  by 
law  for  the  other  counties  of  the  State,  a  panel  of  jurors  to  serve  at 
the  jury  terms  of  said  court,  and  when  such  panel  is  drawn,  the  said 
judges^or  judge  shall  direct  the  clerk  of  said  Circuit  Court  to  issue  a 
cenire  to  the  sheriff  of  said  county,  commanding  him  to  summon  as 
jurors  to  attend  at  the  next  ensuing  term  of  said  court,  the  several 
persons  whose  names  may  be  drawn  as  aforesaid. 


19 


WITNESSES. 

The  provisions  of  the  Declaration  of  Rights  in  relation  to  Witnesses, 
are  as  follows : 

Criminal  Prosecutions. 

Art.  21.  In  all  criminal  prosecutions,  every  man  hath  a  right  to  be 
informed  of  the  accusation  against  him;  to  have  a  copy  of  the  indict- 
ment, or  charge,  in  due  time  (if  required)  to  pi-epare  for  his  defence  : 
to  be  allowed  counsel ;  to  be  confronted  with  tlie  witnesses  against 
him ;  to  have  process  for  his  witnesses ;  to  examine  the  witnesses  for 
and  against  him  on  oath  ;  and  to  a  speedy  trial  by  an  impartial  jury, 
without  whose  unanimous  consent  he  ought  not  to  be  found  guilty. 

No  Man  Required  to  Give  Evidence  Against  Himself. 

Art.  22.  No  man  ought  to  be  compelled  to  give  evidence  against 
himself  in  a  criminal  case. 

No  Person  Incompetent  on  Account  of  Religious  Belief. 

Art.  36.  Nor  shall  any  person,  otherwise  competent,  be  deemed  in- 
competent as  a  witness  or  juror,  on  account  of  his  religious  belief; 
provided,  he  believes  in  the  existence  of  God,  and  that  under  His  dis- 
pensation such  person  will  be  held  morally  accountable  for  his  acts, 
and  be  rewarded  or  punished  therefor  either  in  this  world  or  the 
world  to  come. 

The  provisions  of  the  Constitution  are  as  follows  : 

Art.  3,  Sec.  24.  The  House  of  Delegates  may  inquire,  on  the  oath 

of  witnesses,  into  all  complaints,  grievances  and  ofiences,  as  the  Grand 

Inquest  of  the  S*^ate,  and  may  commit  any  person,  for  any  crime,  to 

the  public  jail,  there  to  remain,  until  discharged  by  due  course  of  law. 

No  Person  an  Incompetent  Witness  on  Account  of  Race  or  Color. 

Art.  3,  Sec.  53.  No  person  shall  be  incompetent  as  a  witness,  on 
account  of  race  or  color,  unless  hereafter  so  declared  by  Act  of  the 
General  Assembly. 


THE   GENERAL   LAWS   RELATING  TO   WITNESSES. 
The  Public  General  Laws,  Article  37,  relating  to  witnesses,  are  as 
follows : 

Competency  of  Witnesses. 

Skc.  1.  No  person  offered  as  a  witness  shall  hereafter  be  excluded 
by  reason  of  incapacity  from  crime  or  interest,  from  giving  evidence, 
either  in  person  or  by  deposition,  according  to  the  practice  of  the 
courts,  in  the  trial  of  any  issue  joined  or  hereafter  to  be  joined,  or  of 
any  matter  or  question,  or  on  any  inquiry  arising  in  any  suit,  action 
or  proceeding,  civil  or  criminal,  in  any  court,  or  before  any  judge, 
jury,  justice  of  pence,  or  other  person  having,  by  law  or  by  consent  of 
parties,  authority  to  hear,  receive  and  examine  evidence ;  but  that 
every  person  so  offered  may  and  shall  be  admitted  to  give  evidence, 
notwithstanding  that  such  person  may  or  shall  have  an  interest  in  the 


W'lTNESSKS. 


289 


matter  in  question,  or  in  the  event  of  the  trial  of  any  issue,  matter, 
question  or  inquiry,  or  of  the  suit,  action  or  procoedinf^  in  which  he  is 
offering  as  a  witness,  and  notwithstanding  tliat  such  person  offered  as 
a  witness  may  have  been  previously  convicted  of  any  crime  or  oflence ; 
but  no  ])erson  who  has  been  convicted  of  tlie  crime  of  perjury  shall  be 
admitted  to  testify  in  any  case  or  ])roceeding  whatever,  and  the  parties 
litigant,  and  all  ])ersons  in  whose  behalf  any  suit,  action  or  other  pro- 
ceediTig  may  be  brought  or  defended,  themselves  and  their  wives  and 
husbands  shall  be  competent  and  c()mpellul)le  to  give  evidence  in  the 
same  manner  as  other  witnesses,  except  as  hereinafter  excepted. — 
18G4,  eh.  109. 

Evidence  of  Interest  or  Infamy. 

Sub-Sec.  1.  In  all  cases  it  shall  be  competent  for  any  of  the  parties 
to  the  proceedings  to  prove  by  legal  evidence  any  facts  showing  the 
interest  of  any  witness  in  the  matter  in  controversy,  or  in  the  event  of 
the  suit  or  the  conviction  of  such  witness  of  any  infamous  crime  ;  and, 
in  order  to  i)rove  such  conviction,  it  shall  not  be  necessary  to  produce 
the  whole  record  of  proceedings  containing  such  conviction,  but  the 
certilicate,  under  seal  of  the  clerk  of  the  court  wherein  such  proceed- 
ings were  had,  stating  the  fact  of  the  conviction,  and  for  what  crime, 
shall  be  sufKcient. 

Wlwn  a  Party  may  he  made  a   Witness  hy  his  Opponent,  d:c. 

Sec.  2.  When  an  original  party  to  a  contract  or  cause  of  action  is 
dead,  or  shown  to  be  lunatic  or  insane,  or  when  an  executor  or  admin- 
istrator is  a  party  to  the  suit,  action  or  other  proceeding,  either  party 
may  be  called  as  a  witness  by  his  opponent,  but  shall  not  be  aduiitted 
to  testify  on  his  own  offer,  or  upon  the  call  of  his  co-plaintiff  or  co- 
defendant  otherwise  than  now  by  law  allowed,  unless  a  nominal  party 
merely  ;  p-ovided,  that  when  an  executor  or  administrator,  guardian  or 
committee  of  a  lunatic  or  insane  person  is  a  party  to  the  suit,  action 
or  other  proceeding  when  the  cause  of  action  has  arisen  on  a  contract 
made  with  such  executor,  administrator,  guardian  or  committee,  or 
cut  of  transactions  betweeu  such  executor,  administrator,  guardian  or 
committee  and  the  other  party,  or  when  the  executor,  administrator, 
guardian  or  committee  testifies  as  to  any  conversation  had  with  the 
other  party,  either  party  may  be  examined  as  a  witness,  as  provided 
for  in  the  other  sections  of  this  Article. — 1808,  ch.  116. 

Parties  Incompetent  to  Testify. 

Sec.  3.  No  person  who,  in  any  criminal  proceeding,  is  charged  with 
the  commission  of  an  indictable  offence,  or  any  offence  punishable  on 
summary  conviction,  shall  be  competent  or  compellable  to  give  evi- 
dence for  or  against  himself  nor  shall  any  person  be  compellable  to 
answer  any  question  tending  to  criminate  himself,  nor,  in  any  crimi- 
inal  proceeding,  shall  any  husband  be  c<)m])etent  or  compellable  to 
give  evidence  for  or  against  his  wife,  nor  shall  any  wife  be  competent 
or  compellable  to  give  evidence  for  or  against  her  husband,  except  as 
now  allowed  by  law,  nor  in  any  case,  civil  or  criminal,  shall  any  hus- 
band be  competent  or  compellable  to  disclose  any  comnninication 
made  to  him  by  his  wife  during  the  marriage,  nor  shall  any  wife  be 
compellable  to  disclose  any  communication  made  to  her  by  her  hus- 
band during  the  marriage. — 1864,  ch.  lOt). 


290  WITNESSES. 

When  Testimony  may  he  Rebutted. 
Sec.  4.  In  all  cases  Tvhere  a  party  to  any  suit,  action  or  other  pro- 
ceeding shall  be  examined  by  any  opposing  party,  the  testimony  given 
on  said  examination  may  be  rebutted  by  adverse  testimony  and  by 
proof  of  admission  made  by  the  party  so  examined. — Ihid. 
Not  AppUcaUe  in  Cases  of  Adultery,  &c. 
Sec.  5.  Nothing  in  any  of  the  preceding  sections  contained,  author- 
izing the  examination  of  the  parties  litigant,  and  making  them  com- 
petent witnesses,  shall  apply  to  any  suit,  action,  bill  or  other  proceed- 
ings instituted  in  consequence  of  adultery,  or  for  the  purpose  of  ob- 
taining a  divorce,  or  to  any  action  for  breach  of  promise  of  marriage. — 

Ihid. 
Proof  of  Instruments  of  Writing. 
Sec.  6.  In  every  suit  or  action  at  law  or  in  equity  in  which  it  may 
be  necessary  to  prove  the  execution  of  any  instrument  of  writing  what- 
soever, attested  by  a  subscribing  witness  or  witnesses,  it  shall  be  law- 
ful to  prove  the  execution  of  such  instrument  of  writing  in  the  same 
manner  and  by  the  same  evidence  that  the  same  might  be  proved  by,  if 
not  attested  by,  a  subscribing  witness;  but  this  shall  not  apply  to  the 
proof  of  the  execution  of  any  last  will  and  testament. 
Attendance  and  Pay  of  Witnesses. 

Sec.  7.  Whenever  any  witness  shall  be  summoned  to  attend  any 
of  the  courts  of  this  State,  and  shall  without  sufficient  excuse  neglect 
to  appear,  he  may  be  attached  and  fined  by  the  court  not  exceeding 
lifty  dollars,  and  shall  be  liable  to  answer  the  party  for  whom  he  shall 
be  summoned  in  an  action  upon  the  case  for  the  damage  sustained  for 
want  of  his  appearance  to  testify  according  to  such  summons. 

Witnesses  Refusing  to  give  Evidence  may  de  Committed. 

Sec.  8.  If  any  witness  summoned  or  attached  being  present  shall 
refuse  or  delay  to  give  his  evidence,  he  shall  be  committed  to  jail, 
there  to  remain  until  he  shall  willingly  do  the  same. 

Court  May  Discharge  Witness. 
Sec.  9.  Any  court  from  which  execution  shall  issue  on  any  recog- 
nizance forfeited  for  not  attending  as  a  witness  in  any  case  not  capi- 
tal, may  upon  motion,  and  good  and  sufficient  cause  fully  shown  by 
such  person,  discharge  him  from  the  execution,  upon  such  terms  as 
the  court  shall  think  lit  and  proper. 

Pay  of  Witnesses. 

Sec.  10.  There  shall  be  allowed  to  each  witness  attending  the  Cir- 
cuit Courts  or  Orphans'  Courts  of  this  State,  the  sum  of  one  dollar  for 
each  day  such  witness  sliall  attend  for  the  discharge  of  his  duty, 
besides  itinerant  charges  to  be  allowed  to  witnesses  coming  from 
other  counties. 

Before  a  Justice  of  the  Peace. 

Sec.  11.  A  witness  summoned  before  a  Justice  of  the  Peace  shall 
be  allowed  thirty-three  cents  per  day  for  each  day's  attendance. 

Witness  Summoned  by  a  Surveyor. 

Sec.  12.  A  witness  summoned  by  a  surveyor  in  execution  of  an 
order  for  a  survey  from  the  Circuit  Court,  shall  be  allowed  the  same 


WITNESSES.  291 

pay  as  in  the  Circuit  Court,  and  payment  may  be  enforced  by  attach- 
ment or  order  from  the  court  which  issued  the  order  for  the  survey. 

County  to  Pay  Imprisonment  Fees. 

Sec.  13.  Where  a  witness  against  any  person  accused  of  a  crime 
cannot  find  security  for  his  appearance  to  testify  against  the  person 
so  accused,  and  for  want  of  such  security  shall  be  committed  to  prison, 
the  county  where  the  prosecution  shall  be  carried  on  shall  be  charge- 
able with  and  pay  the  imprisonment  fees  of  such  witness,  and  the 
county  conmiis^ioners  shall  levy  the  same  from  time  to  time  as  the 
case  may  require. 

Court  May  Order  No  Compemation. 

Sec.  14.  If  any  person  shall  be  presented  or  indicted  for  a  misde- 
meanor or  any  offence  of  an  inferior  nature,  and  shall  on  trial  thereof 
be  acquitted,  or  shall  plead  guilty  and  submit  his  case  to  the  court, 
the  court  may  at  its  discretion,  order  that  no  compensation  for  any 
attendance  of  the  prosecutor  be  allowed. 


COMMISSION    TO   TAKE    TESTIMONY   OUT   OF 
THE    STATE. 

Sec.  15.  The  several  courts  of  law  of  this  State,  upon  application 
made  to  them  in  court  by  a  party  to  a  suit  or  action  therein  depend- 
ing, either  original  or  on  appeal  from  a  Justice  of  the  Peace,  and  ujion 
l^eing  satisfied  by  affidavit  or  otherwise  that  there  are  material  and 
competent  witnesses  in  such  cause  residing  or  living  out  of  this  State, 
may  direct  the  clerk  of  such  court  to  issue  a  commission  for  taking 
the  depositions  of  such  witnesses,  and  such  commission  shall  issue 
and  the  commissioners  shall  be  appointed  and  qualified,  intf^rrocra- 
tories  be  proposed  or  exhibited,  the  commission  be  executed  and  re- 
turned, and  the  depositions  taken  in  j^ursuance  thereof  shall  be  pub- 
lished in  the  same  manner  and  form  as  in  the  case  of  a  commission 
trom  a  court  of  equity  for  the  examination  of  witnesses  residing  and 
living  out  of  this  State,  and  the  depositions  which  shall  be  duly  taken 
in  virtue  ot  such  commission,  or  copies  thereof  duly  attested,  shall  be 
admitted  as  evidence  at  the  trial  of  the  cause. 

Commissioners  to  Take  Testimony  in  this  State. 

Sec.  16.  Each  of  the  Circuit  Courts,  or  the  judge  thereof,  shall  ap- 
point not  more  than  three  commissioners  for  the  county  in  wliich  such 
court  is  held,  and  each  of  the  courts  of  civil  jurisdiction  in  the  city  of 
Baltimore  shall  appoint  two  commissioners  to  take  the  deposition  of 
witnesses,  on  such  notice  to  the  opposite  party  and  in  such  manner  as 
the  court  shall  prescribe. 

Pay  of  Commissioners  and   Witnesses. 

Sec.  17.  The  said  commissioners  shall  receive  four  dollars  a  day  for 
their  services  in  taking  such  depositions,  and  the  witnesses  attendino- 
upon  their  summons,  the  sum  of  one  dollar  per  day  for  each  day  they 
shall  attend. 

[The  sections  intervening  relate  to  the  duties  of  Commissioners.] 


293  "WITNESSES. 

DOMESTIC   ACCOUNTS. 
Proof  of  Delivery  or  Sale  of  Goods,  &c. 

Sec.  43.  The  oath  of  any  clerk,  store  keejjer  or  disinterested  credi- 
ble witness,  taken  before  any  judge  or  justice  or  court  of  this  State, 
to  the  delivery  or  payment  of  any  money,  or  delivery  or  sale  of  any 
goods,  wares,  merchandise,  effects  or  chattels,  by  any  person  mer- 
chandising or  carrying  on  commerce,  or  carrying  on  any  trade  whatso- 
ever, by  buying  and  selling  or  manufacturing  for  sale,  within  this  State, 
to  any  person  within  this  State,  shall  be  good  and  sufficient  evidence 
in  any  court  of  this  State  to  charge  the  person  to  whom  such  money 
shall  be  delivered  or  paid,  or  such  goods,  wares,  merchandises, 
effects  or  chattels  shall  be  sold  or  delivered,  and  also  to  prove  the 
assumption  of  the  receiver  or  any  person  claiming  under  him  to  pay 
for  the  same ;  p'ovided,  such  oath  be  made  within  twelve  months 
from  the  date  of  the  articles  respectively  paid  or  delivered;  but  if 
any  suit  shall  be  brought  to  recover  any  money  paid  or  delivered,  or 
the  price  of  any  goods,  wares,  effects  or  chattels  sold  or  delivered, 
the  plaintiff  shall,  at  or  before  the  lirst  imparlance  court,  make  oath 
before  some  judge  or  justice  of  this  State,  that  he  believes  the  money, 
goods,  wares,  merchandize,  effects  or  chattels  charged  in  the  account 
to  which  such  oath  shall  be  annexed,  were  bona  fide  delivered  as 
charged,  and  that  he  hath  not,  nor  any  person  for  him  to  his  know- 
ledge or  belief,  received  any  payment  or  satisfaction  for  the  articles 
charged  more  than  credit  is  duly  given  for,  in  and  appearing  upon 
the  said  account,  nor  hath  he  received  any  security  for  the  same,  and 
the  balance  charged  and  claimed  is  justly  due  according  to  the  best 
of  his  knowledge  and  belief. 

Proof  of  Aeco^ints,  &c. 

Sec.  44.  Any  account  for  money  or  goods  lent  or  due  and  charge- 
able for  goods  sold,  work  done,  or  other  things  properly  chargeable 
in  account,  not  exceeding  twenty-six  dollars  in  the  course  of  any 
whole  year,  which  shall  be  sworn  by  the  creditor  before  a  justice  of 
the  peace  to  be  just  and  true,  and  that  he  hath  not  directly  or  indi- 
rectly received  to  his  knowledge  any  part  or  parcel  of  the  money  or 
goods  charged  as  due  by  such  account,  or  any  security  or  satisfaction 
for  the  same,  more  than  credit  shall  be  given  for,  shall  be  received  as 
good  evidence  in  any  court  or  before  any  justice  of  the  peace  of  this 
State,  unless  the  creditor  or  defendant  shall  make  appear  by  lawful 
evidence  other  than  his  own  oath  that  such  account  is  false  in  part  or 
in  whole. 

Controverting  Proof  of  Accounts. 

Sec.  45.  Nothing  contained  in  this  Article  shall  preclude  any 
debtor  or  defendant  from  controverting  any  proof  offered  in  pursu- 
ance of  the  provisions  thereof,  by  any  testimony  which  is  legal  and 
admissible  by  the  rules  of  the  common  law,  or  to  prevent  any  credi- 
tor or  plaintiff  from  giving  any  evidence  admissible  by  the  rules  of 
the  common  law  in  support  of  his  claim,  or  ])ursuing  any  legal  mode 
other  than  herein  prescribed  to  prove  and  establish  his  claim  or  de- 
mand. 

Contflaints  Agaimtt  CiTil  or  Military  Officers. 

Art.  42,  Skc.  13.  Upon  complaint  made  against  any  civil  or  mili- 
tary officer  who  can  be  removed  or  suspended  by  the  Governor,  the 


WITNESSES.  293 

Governor  may  summon  before  him  any  witnesses  to  testify  for  or 
against  such  complaint,  and  may  allow  such  witnesses  one  dollar  a 
day  for  their  attendance,  and  itinerant  charges  ;  and  may  enforce  the 
attendance  of  such  witnesses  in  the  same  manner  as  the  courts  may. 

Payment  to   Witnesnes,  &c. 
Akt.  16.  Sec.  109.  Payment  of  the  allowances  to  commissioners  to 
take  testimony,  witnesses,  auditors  and  clerks  to  commissioners,  may 
be  comj^elled  by  order  of  the  court,  and  process  of  contemjit  for  diso- 
bedience to  such  order  may  be  issued  as  in  other  cases. 

Per  Diem  of  Witnesses. 

Art.  16,  Sec.  145.  A  witness  attending  such  commissioner  under 
a  summons  by  him  issued,  or  at  the  request  of  either  of  the  ])arties, 
shall  be  allowed  seventy-live  cents  per  day  for  every  day's  attendance, 
and  itinerant  charges,  to  be  ascertained  by  the  commissioner,  which 
allowance  shall  be  paid  by  the  party  summoning  or  requesting  such 
witnesses  to  attend,  and  shall  be  taxed  as  part  of  the  costs  of  suit. 

Witness  Compelled  to  Give  Evidence. 

Art.  16,  Sec.  146.  "When  any  witness  is  summoned  by  a  commis- 
sioner to  take  testimony,  to  take  testimony  in  a  chancery  suit  or  pro- 
ceeding, to  aj^pear  before  such  commissioner  to  give  testimony  in  such 
suit  orproceeding,  and  such  witness  shall  refuse  or  neglect  to  attend, 
or  attending,  shall  refuse  to  answer  such  interrogatories  as  are  pro- 
pounded to  him,  in  all  such  cases  the  commissioner,  at  the  request  of 
either  party  to  such  suit  or  proceeding,  shall  immediately  certify 
such  deiault  or  neglect,  under  his  hand  as  such  commissioner,  to  the 
clerk  of  the  court  where  such  suit  or  proceeding  is  pending,  who, 
upon  the  receipt  thereof,  shall  forthwith  issue  an  attachment  against 
the  person  named  in  such  certificate,  and  the  court  may  allow  such 
process  to  comjiel  such  witness  to  attend  and  give  evidence  in  open 
court,  in  such  suit  or  proceeding,  at  such  term  of  the  court  thereafter 
as  the  party  applying  for  such  attachment  shall  request,  and  such 
process  shall  be  directed  to  the  sheriff  or  coroner  of  tlie  county 
wherein  the  person  to  be  attached  resides,  and  after  return  is  made, 
such  process  may  be  renewed  from  term  to  term,  as  the  case  may 
require ;  provided,  that  the  party  obtaining  such  process  shall  give 
written  notice  to  the  opposite  party,  or  his  counsel,  of  the  time  of  the 
return  thereof. 

Penalty  for  Attempts  to  Influence  Jurors. 

Art.  30,  Sec.  19.  If  any  person  shall  corruptly  or  by  threats  or 
force  endeavor  to  influence,  intimidate  or  impede  any  juror,  witness 
or  officer  in  any  court  of  this  State  in  the  discharge  of  his  duty, 
or  shall  corruptly  or  by  threats  or  force  obstruct  or  impede,  or  en- 
deavor to  obstruct  or  impede,  the  due  administration  of  justice 
therein,  he  shall  be  liable  to  be  prosecuted  therefor  by  indictment, 
and  shall,  on  conviction  thereof,  be  punished  by  fine  not  exceeding 
five  hundred  dollars,  or  by  imprisonment  not  exceeding  three  months, 
or  both,  according  to  the  nature  and  aggravation  of  the  offence. 

Non- Attendance  of  Witnesses  a  Contempt. 
Art.  92,  Sec.  7.  On  the   execution   of  any  warrant   of  re-survey 
from  any  of  the  courts  of  this  State,  or  the  execution  ol  any  order  of 


294  WITNESSES. 

a  court  of  equity  of  this  State  to  make  a  survey,  the  sheriff  or  coro- 
ner shall  summon  the  witnesses  he  may  be  directed  to  summon  by 
either  party,  and  upon  proof  of  such  summons  and  non-attendance  of 
the  witness  made  to  the  court  from  which  the  warrant  or  order  issued, 
such  witness  shall  be  adjudged  in  contempt  of  the  court,  and  attach- 
ment may  issue  as  in  other  cases  of  contempt. 

May  le  Fined  $150  in  Baltimore  Criminal  Court. 

Art.  29,  Sec.  69.  If  any  person  who  shall  be  summoned  as  a  wit^ 
ness  to  the  Criminal  Court  of  Baltimore,  shall  fail  to  attend  as  re- 
quired on  said  summons,  he  shall  l)e  fined  by  said  court  in  its  discre- 
tion, not  exceeding  one  hundred  and  fifty  dollars. 

Witnesses  in  another  County  may  he  Fined. 

Art.  75,  Sec.  97.  A  summons  for  witnesses  residing  in  a  different 
county  to  testify  in  trials  to  be  had  before  the  Circuit  Coui't,  may 
issue,  and  shall  be  directed  to  the  sheriff  of  the  county  where  the 
witnesses  reside,  and  all  witnesses  upon  whom  such  summons  shall 
be  served  shall  be  liable  to  attachment  and  fine  in  like  manner  as  if 
such  witnesses  resided  in  the  county  where  the  trial  is  had. 
Attachment  to  Issue  where   Witness  Resides. 

Art.  75.  Sec.  98.  If  a  witness  residing  in  a  different  county  from 
that  in  which  the  trial  is  to  be  had  shall  be  summoned,  or  has  re- 
moved from  such  county  after  being  summoned,  and  shall  fail  to 
appear  after  being  so  summoned,  an  attachment  may  issue  for  such 
witness  to  the  sheriff  of  the  county  where  said  witness  resides,  return- 
able to  the  court  issuing  the  same,  and  if  the  sheriff  take  such  wit- 
ness, he  shall  produce  him  before  the  said  court  to  abide  its  sentence 
thereupon. 


THE     CORONERS. 

Constitution — Auticle  IV,  Section  45. 

Coroners,  Elisors  and  Notaries  Public  may  be  appointed  for  each 
county  and  the  city  of  Baltimore,  for  the  purpose  and  with  the  pow- 
ers now  fixed,  and  which  may  hereafter  he  prescribed  by  law. — Art.  4, 
Sec.  45. 

DUTIES  OP   CORONERS   UNDER  THE   GENERAL 
AND   LOCAL   LAWS. 
The  duties  of  Coroners  are  prescribed  by  Article  25,  of  the  Public 
General  Laws,  for  the  counties,  and  the  Local  Law  of  Baltimore  city, 
as  lollows : 

To  aive  Bond  in  $3000. 

Art.  25,  Sec.  1.  Every  Coroner  before  he  acts  as  such  shall,  within 
sixty  days  after  his  appointment,  and  in  each  year  thereafter,  give 
bond  to  the  State  of  Maryland  with  secnrites  approved  by  the  judges 
of  the  Orphans'  Court,  or  some  of  them,  in  the  penalty  of  three 
thousand  dollars,  with  a  condition  that  he  will  well  and  truly  execute 
the  office  of  Coroner  in  all  things  thereunto  belonging,  and  shall  also 
well  and  fiithfuUy  execute  and  return  all  writs  or  other  process  to 
him  directed  ;  and  shall  also  pay  and  deliver  to  the  person  or  jjersons 
entitled  to  receive  the  same  all  sums  of  money,  all  goods  and  chattels 
by  him  levied,  seized  or  taken  agreeably  to  the  directions  of  the  writ 
or  other  process  under  which  the  same  shall  have  been  levied,  seized 
or  taken  ;  and  shall  also  keep  and  detain  in  safe  custody  all  and  every 
person  committed  to  his  custody  or  by  him  taken  in  execution,  or 
who  shall  be  committed  for  the  want  of  bail,  without  sutlVring  them 
to  escape  or  depart  from  his  custody,  and  shall  also  satisfy  and  pay 
all  judgments  which  shall  be  rendered  against  him  as  Coroner,  and 
shall  also  well  and  truly  execute  and  perform  the  several  duties  re- 
quired of,  or  imposed  upon,  him  by  the  laws  of  this  State ;  and  the 
said  bond  shall,  immediately  after  the  execution  thereof,  be  recorded 
in  the  office  of  the  clerk  of  the  Circuit  Court  of  the  county  in  which 
he  is  Coroner,  or  in  the  office  of  the  clerk  of  the  Superior  Court  ot 
Baltimore  city,  it  he  is  Coroner  in  said  city. 

Return  of  Process  in  Certain  Cases. 

Sec.  2.  The  provisions  of  this  code  in  relation  to  the  return  of  pro- 
cess in  the  hands  of  a  sherift',  upon  his  death  or  removal,  shall  apply 
to  process  in  the  hands  of  a  Coroner  upon  the  happening  of  the  like 
event. 

Jury  of  Inquest  Held  only  xchere  Death   iy  Felony  is  Probable. 

Sec.  3.  No  Coroner  shall  summon  or  hold  any  jury  of  inquest  over 
the  body  of  any  deceased  person  where  it  is  known  that  the  deceased 
came  to  his  death  by  accident,  mischance,  or  in  any  other  manner, 
except  where  the  said  person  died  in  jail,  or  where  there  are  such  cir- 
cumstances attending  the  death  or  case  as  to  amount  to  a  stronir  ])rob- 
ability  or  reasonable  belief  that  the  deceased  came  to  his  death  by 
felony. 


296  THE    CORONERS. 

Physician  to  Examim  Case  and  Testify. 
Sec.  4.  Whenever  a  jurj*  shall  be  convened  by  a  Coroner,  or  justice 
of  the  peace  acting  as  Coroner,  on  the  body  of  any  person  found 
dead,  or  supposed  to  have  died  from  violence,  within  this  State, 
whereon  any  marks  of  violence  shall  appear,  the  jurors  after  being 
sworn,  and  also  the  Coroner  or  justice  may  require  the  attendance  of 
some  physician  practicing  within  the  county  or  city  where  such  jury 
shall  meet,  to  inform  himself  by  due  examination  of  the  deceased  of 
the  cause  of  his  death,  and  to  testify  and  give  evidence  before  the 
said  jury  and  Coroner,  or  justice,  in  tlie  premises. 

Physician  Refusing  Tnay  he  Pined. 
Sec.  5.  If  any  physician  summoned  to  testify  on  a  Coroner's  inquest, 
shall  neglect  or  refuse  to  attend  or  to  make  the  examination  required 
by  the  preceding  section,  or  to  give  evidence  as  aforesaid,  he  may  be 
fined  as  any  other  witness. 

Physician's  Fee  from  $5  to  |10. 

Sec.  6.  The  said  Coroner  or  justice,  in  the  account  of  expenses  ren- 
dered to  the  county  comanissioners,  or  mayor  and  city  council,  for 
holding  such  inquest,  shall  include  such  sum  for  the  said  physician 
as  the  said  Coroner,  or  justice,  and  jurors  shall  deem  just,  not  less 
than  five  or  more  than  ten  dollars,  which  sum  shall,  with  the  other 
expenses  of  the  inquest,  be  paid  by  the  county  or  city. 

Coroner  to  he  Allowed  for  Coffin  and  Expenses. 
Sec.  7.  Whenever  it  shall  be  necessary  for  a  Coroner  to  bury  any 
deceased  person,  he  shall  provide  a  coffin  and  decently  bury  him, 
and  the  county  commissioners  of  the  county  where  the  person  shall 
have  been  found,  or  the  mayor  and  city  council  of  Baltimore,  if  he 
shall  have  been  found  in  said  city,  shall  make  such  allowance  to  said 
Coroner  as  they  may  deem  just  and  reasonable  therefor,  to  be  levied 
and  paid  as  other  county  or  city  charges. 

Coroner  to  Act  irhen  Sheriff  is  Disqualified. 
Sec.  8.  In  all  cases  where  the  sheriff'  is  interested,  or  nearly  related 
to  any  of  the  parties,  or  otherwise  disqualified  to  act,  all  process 
shall  be  issued  to  the  Coroner,  if  there  be  one  in  the  county  or  city 
qualified  to  act  in  such  case,  who  shall  perform  all  the  duties  of  such 
disqualified  sherifi",  and  be  subject  to  the  same  liabilities  and  be  pro- 
ceeded against  in  the  same  manner,  and  shall  have  the  same  rights 
and  remedies. 

Fees  of  Coroners. 

The  Public  General  Law,  Article  38,  Section  14,  enacts  that  every 
Coroner  shall  l>e  entitled  to  demand  and  receive  the  following  fees, 
to  wit: 

For  reviewing  the  body  of  any  person  or  persons  murdered 
or  slain,  or  otherwise  dead  by  misadventure,  to  be  paid  out 
of  the  goods  and  chattels  of  the  party  so  dead,  if  any  there 
be,  otherwise  to  be  levied  by  the  county  commsssioners  of 
the  county  where  such  accident  shall  happen, $5  00 

For  arresting  or  summoning  any  sheriflf  sued  or  prosecuted  in 

any  court,  and  for  taking  security, 45 

The  same  fees  allowed  wherein  the  sheriff  is  plaintifl'  or  de- 
fendant, on  all  process  as  to  the  sheriff,  and  no  more. 


BALTIMORE   CITY   CORONERS.  297 

Fees  of  Jurors  and  Constable. 
Src.  15.  Each  juror  who  may  serve  on  a  Coroner's  inquest  shall  be 
entitled  to  fifty  cents,  and  the  cofist;il)le  who  may  'oe  directed  by  any 
Coroner  or  justice  to  sunnnon  sucli  jury,  or  tlie  Coroner,  if  the  jury  be 
summoned  by  him,  shall  be  entitled  to  twelve  and  a  half  cents  for 
each  juror  summoned,  to  be  paid  as  above  directed. 

Four  Coroners  in  Baltimore  City,  Salary  !^400,  Bond  $2,000. 
Src.  151.  Tbe  Governor,  by  and  with  the  advice  and  consent  of 
the  Senate,  shall  appoint  and  commission  four  competent  j)ersons,  to 
act  as  Coroners  for  the  city  of  Baltimore,  to  hold  othce  during  the 
period  of  two  years,  at  an  annual  salary  of  four  hundred  dollars  each, 
payable  quarterly,  by  the  register  of  said  city ;  provided,  that  before 
entering  upon  the  duties  of  their  otfice,  the  persons  appointed  Coro- 
ners shall  take  the  oath  of  office  prescribed  by  the  Constitution  of 
the  State  of  Maryland,  for  office  holders;  and  further  shall  give  bond 
to  the  State  of  Maryland,  with  security,  to  be  approved  by  the  Judge 
of  the  Superior  Court  for  Baltimore  city,  in  the  penalty  oY  two  thou- 
sand dollars  each,  conditioned  for  the  faithful  performance  of  their 
duties,  as  now  prescribed  by  law,  or  which  shall  hereafter  be  pre- 
scribed.—Art.  4,  P.  L.  L.— 1872,  Chap.  45. 

Coroners  Assigned  to  Sub- Divisions — May  Deputize  Persons. 
Sec.  152.  Each  of  the  four  Coroners  shall  be  assigned  to  such  sub- 
division or  district  of  the  city  of  Baltimore  as  the  Governor  may 
direct,  and  in  case  of  absence  or  illness  of  any  Coroner,  he  shall 
deputize  some  competent  person  to  attend  to  the  duties  of  his  office 
during  his  absence  or  illness. — Ibid. 

Duties  of  Coroner — Expenses  of  Li'iuest. 
Sec.  153.  The  Coroner  shall  hold  an  inquest  over  any  person  found 
dead    in   his   district,  in  said  city,  when  the  manner  and  cause  of 
death  shall  not  be  already  known  as  accidental,  or  in  the  course  of 
nature.     No  Coroner's  Jury  in  said  city  shall  receive  any  fee  or  com- 
pensation for  services  as  such,  and  said  Coroners  are  hereby  author- 
ized and  empowered  to  issue  their  certificates  to  the  register  of  Balti- 
more city,  for  the  payment  of  such  expenses  as  may  be  necessary  for 
the  interment  of  any  person  over  whom  they,  or  either  of  them,  has 
held  an  inquest,  and  whose  body  is  not  claimed  by  friends  or  rela- 
tives :  proviiled,  the  amount  of  such  expenses  shall  not  in  any  case 
exceed  the  sum  of  seven  dollars. — Ibid. 

To  Make  Monthly  Reports  to  Police  Commissioners. 
Sec  154.  Each  of  said  Coroners  shall  make  a  monthly  report  to 
the  Police  Commissioners  of  Baltimore  city  of  the  number  of  inquests 
held  by  him  during  the  month  ]asti)ast  bclbre  said  rejjort,  with  a  full 
description,  as  far  as  may  be,  of  the  jjersons  who  are  the  subjects  of 
such  inquests,  their  sex,  age,  color  and  nationality,  the  cause  and 
mode  of  their  death,  and  such  other  particulars  as  may  be  necessary 
to  their  identification  in  case  of  strangers  and  unknown  persons ; 
and  each  of  said  Coroners  shall  also,  immediately  after  holding  an 
inquest,  dejjosit  in  some  bank  in  Baltimore  city,  subject  to  the  order 
of  the  Judges  of  the  Orphan's  Court  of  said  city,  all  property,  money 
and  other  efiects  found  upon  the  person  of  those  over  whom  he  shall 
hold  inquest  as  hereinbefore  provided. — Ibid. 


COMMISSIONERS  OF  THE  STATE  FISHEEY  FORCE. 
THE   OYSTER  LAWS. 


The  Act  of  1874,  chapter  181,  repeals  Article  71,  P.  G.  L.,  and  Acts 
of  1870,  chapter  3(34,  and  1872,  chapter  167,  and  enacts  the  following : 

Steamers  Prohibited  from  Catching  Oysters. 

Sec.  1.  No  steamer  shall  be  used  in  catching  oysters  in  this  State, 
and  no  other  boat  shall  be  used  in  catching  oysters  with  scoop,  dredge 
or  similar  instrument,  without  first  having  been  licensed  as  herein- 
after provided. 

Who  may  le  Licensed  to  Catch  Oysters. 

Sec.  2.  The  Comptroller  of  the  Treasury,  shall,  upon  application  of 
any  person  who  has  been  a  resident  of  this  State  for  twelve  consecu- 
tive months  next  preceding  such  ai:)plication,  and  to  no  otlier  person, 
issue  a  license  to  such  resident  to  employ  such  boat  in  catching  oys- 
ters with  scoop,  dredge  or  similar  instrument,  within  the  waters  of 
the  Chesapeake  Bay,  and  in  Eastern  Bay,  outside  of  a  line  drawn 
from  the  south-west  corner  of  second  Kent  Point  to  Wade's  Point; 
provided,  that  nothing  herein  contained  shall  authorize  the  catching 
of  oysters  with  scoop,  dredge  or  similar  instrument,  on  any  oyster  bar 
within  one  and  a  half  miles  of  Talley's  Point,  Sandy  Point,  Hackett's 
Point,  Thomas'  Point,  Holland  Island  Bar,  Three  Sisters,  Swan  Point 
Bar,  Poplar  Island,  one-quarter  of  a  mile  west  of,  and  between  the 
island  and  the  main  land,  nor  within  half  mile  of  Plum  Point,  and  to 
buy  and  sell  oysters  in  this  State ;  which  license  shall  hold  good  for 
one  year,  but  shall  only  authorize  the  catching  of  oysters  between  the 
first  of  October  and  the  first  of  May  ;  but  it  shall  be  lawful  for  the 
owner  of  any  such  boat  licensed,  whenever  said  owner  shall  sell  and 
convey  by  bill  of  sale  for  a  bona  fide  consideration,  said  boat  unto  any 
person  who  has  been  a  resident  of  the  State  of  Maryland  for  at  least 
one  year,  to  transfer  the  said  license  to  said  vendee  with  said  boat ; 
which  license  when  transferred,  shall  entitle  said  vendee  with  said 
boat  to  the  same  privileges  for  catching  oysters  in  the  waters  of  this 
State  tliat  the  original  vendor  or  assignor  had  before  said  assignment; 
provided,  the  said  vendee  and  assignee  shall  appear  before  the  Comp- 
trt)]ler  of  the  Treasury,  and  make  oath  before  him  to  all  the  facts, 
matters,  things  and  prerequisites  required  of  said  original  vendor  or 
assignor,  before  taking  out  such  license,  upon  which  said  license,  said 
Comptroller  shall  certify  the  fact  of  said  vendee  or  assitrnee  having 
taken  said  oath,  and  for  which  said  assignee  or  vendee  shall  pay  the 
sum  ol  five  dollars,  to  be  jiaid  to  the  State  of  Maryland. 

Boat  Owners  to  male  Oath. 

Skc  3.  The  owner  of  such  boat  shall  make  oath  liefore  the  Comp- 
troller or  his  clerk,  that  he  is  the  bona  Jide  owner  of  such  boat  to  be 


STATE   KISIIEUY   FORCE.  299 

described  in  the  license  ;  that  he  lias  been  a  resident  of  the  State  for 
the  time  Ix'lbre  mentioned  ;  that  there  is  no  lion  on  said  boat  held  by 
a  non-resident :  that  the  said  boat  is  not  held  with  an  intention  to 
violate  the  provisions  of  this  luw  ;  such  applicant  shall  produce  before 
the  Coni])troIler,  at  tlie  time  of  such  a])i)li(;ation,  the  Custom  House 
enrollment  or  license  of  such  boat,  and  if  such  boat  is  under  Custom 
House  tonnage,  the  owner  shall  swear  as  to  her  tonnage  ;  the  master 
of  such  boat  shall  make  oath  before  the  Comptroller  or  his  clerk,  that 
he  has  been  a  resident  of  the  State  of  Maryland  for  twelve  months 
next  preceding  the  time  of  taking  such  oath. 

Licenses  Three  Dollars  per  Ton, 

Sec.  4.  Before  granting  such  license,  the  Comptroller  shall  receive 
for  it,  from  the  applicant,  at  the  rate  of  three  (lobars  per  ton,  lor  every 
ton  the  boat  may  measure;  the  license  shall  be  exhibited  whenever 
called  for  by  any  officer  of  the  State  of  Maryland. 

Penalties  for   Violating  PreceiVrng  Sections. 

Sec.  5.  Any  person  who  shall  violate  any  of  the  provisions  of  the 
preceding  sections,  shall  be  deemed  guilty  of  a  misdemeanor  and  liable 
to  indictment,  and  on  conviction  thereof,  in  any  court  in  this  State 
having  criminal  jurisdiction,  shall  be  sentenced  to  the  jail  of  the 
county  where  the  case  is  tried,  or  to  the  penitentiary,  for  a  term  not 
exceeding  two  years,  or  fined  not  exceeding  two  hundred  dollars,  in 
the  discretion  of  the  court. 

Warrants  of  Arrest. 

Sec.  6.  Upon  information  given  on  oath  to  any  judge  or  justice  of 
the  peace,  of  any  violation  of  the  provisions  of  this  article,  he  shall 
issue  his  warrant  for  the  arrest  of  the  offender  or  offenders,  which  war- 
rant shall  be  directed  to  the  sheriff  or  any  constable  of  the  county 
wherein  the  said  warrant  is  issued,  or  to  any  Commander  or  Deputy 
Commander  of  the  State  Fishery  Force. 

Penalty  for  Resisting  OJJicers. 

Sec.  7.  Any  person  who  shall  resist  any  officer,  authorized  under 
this  act  to  make  arrests,  shall  be  deemed  guilty  of  a  misdemeanor, 
and  upon  indictment  and  conviction  thereof  in  any  court  having 
jurisdiction,  shall  be  imprisoned  in  the  jail  of  the  county  where  the 
case  is  tried,  or  in  the  penitentiary  not  more  than  two  years,  or  fined 
not  less  than  fifty  nor  more  than  five  hundred  dollars,  in  the  discretion 
of  the  court;  the  ])arties  tried  and  acquitted  under  this  article,  shall 
have  the  cost  of  such  trial  paid  by  the  Comptroller  of  the  State  out  of 
the  fund  created  by  this  article. 

Officers  Duty  to  Arrest. 

Sec.  8.  It  shall  be  the  duty  of  the  sheriff,  constable  or  officers  of 
the  State  Fishery  Force,  to  arrest  any  person  lound  violating  the  pro- 
visions of  this  article,  and  bring  the  ofiender  before  a  judge  of  the 
court  having  criminal  jurisdiction,  or  a  justice  of  the  i)eace  most 
convenient  or  accessible,  to  be  dealt  with  as  herein  provided. 


300  STATE    FISHERY   FOKCE. 

Persons  Arrested  to  give  Security. 

Sec.  9.  The  .iudge  or  justice  of  tlie  peace  before  whom  any  person 
may  be  brought,  charged  under  oath  with  violating  any  of  tlie  pro- 
visions of  this  article,  sliall  cause  the  party  to  enter  into  recognizance 
with  two  sureties,  approved  l)y  said  judge  or  justice  of  the  peace,  in 
a  sum  not  less  than  hve  hundred  dollars,  ibr  his  or  their  appearance 
at  the  iirst  term  ot  the  Circuit  Court  thereafter,  and  in  default  thereof, 
may  commit  the  said  party  to  jail. 

Collection  of  Fines. 

Skc.  10.  The  fines  accruing  under  this  article  shall  be  paid  by  the 
sherilf.  constable  or  officer  of  the  State  Fishery  Force,  collecting  the 
same  within  ten  days,  to  the  clerk  of  the  county  or  city  where  such 
fine  may  accrue,  and  such  clerk  shall  account  lor  the  same  to  the 
CumptroUer  of  the  Treasury  in  his  next  quarterly  return. 

Condemnation  of  Boats. 

Sec.  11.  Any  boat,  owned  wholly  or  in  part  by  any  non-resident, 
tised  in  catching  oysters  in  this  State,  wnth  scoop,  dredge  or  similar 
instrument,  shall  be  condemned  by  order  (if  any  judge  of  the  Circuit 
Court  nearest  the  place  of  her  capture,  or  if  captured  in  Baltimore,  by 
order  of  the  judge  of  the  City  Court,  and  shall  be  sold  by  the  sherilf 
of  the  county  where  condemned,  to  the  highest  bidder  for  cash,  after 
tAventy  days  notice  of  the  time  and  place  of  sale,  such  notice  to  be 
published  at  least  three  times  in  a  newspaper  having  the  largest  cir- 
culation, printed  in  Baltimore  city,  or  in  the  county  where  con- 
demned ;  one-fourth  of  the  proceeds  of  such  sale  shall  be  paid  to  the 
party  making  the  capture,  except  the  officers  of  the  fishery  iurce,  and 
the  balance  shall  be  paid  into  the  Treasury  of  the  State. 

Catching  Planted  Oysters  a  Felony. 

Sec.  12.  Any  per;;on  who  shall,  without  authority  from  the  owner, 
catch  oysters  planted  or  bedded,  shall  be  deemed  guilty  of  a  Heiony, 
and  on  conviction  in  the  Circuit  Court  oi  the  county  wherein  the 
oysters  were  bedded,  shall  be  sentenced  to  the  penitentiary  for  a  term 
not  exceeding  three  years. 

^Yl^en    Utilawfid  to   Catch   Oysters. 

Sec.  13.  It  shall  be  unlawful  for  any  person  to  catch  oysters,  except 
for  private  use,  or  for  the  pur]jose  of  vepianting  or  bedding  in  the 
waters  of  this  State,  or  for  sale  to  tlie  citizens  of  the  county  wherein 
they  are  caught,  or  the  county  next  adjoining,  between  the  lir^t  day 
of  May  and  the  first  day  of  September,  in  each  and  every  year;  any 
person  violating  this  section,  shall  be  deemed  guilty  of  a  misdemeanor, 
and  fined  by  a  justice  of  the  peace  of  the  county  wherein  the  offence 
was  committed,  not  exceeding  filty  dollars. 

Unlawful  to  Catch  Oysters  on  Sunday  or  at  Niglit. 

Sec.  14.  It  shall  be  unlawful  for  any  person  to  catch  oysters  on 
Sunday  or  at  night,  and  any  person  violating  this  section  shall  be 


STATE   FISHKUY   FORCE.  301 

fined  a  sum  not  loss  tlmn  fifty  nor  more  than  five  hundred  dollars,  by 
the  judge  or  justice  of  the  peace  trying  the  case. 

Number  of  Vessel  to  be   Visible. 

Sec.  15.  The  Com])troller  of  the  Treasury  shall  have  painted  in 
Mnck  iigures  on  white  canvas,  two  sets  of  numbers,  corresi)on(litig  to 
the  license  to  catcl)  oysters  wilh  scoop,  dredge  or  similar  instrument; 
each  figure  shall  be  twenty-two  inches  in  length,  and  of  proportionate 
width,  and  the  figures  at  least  six  inches  apart;  and'  he  shall  give  to 
each  person  taking  out  such  license,  two  numbers  thereof,  one  of  which 
shall  be  firmly  sewed  ujion  the  starboard  side,  and  in  the  middle  ot 
that  part  of  the  main  sail  which  is  above  the  close  reef,  and  the  other 
number  on  the  port  side,  and  in  the  middle  part  of  tlie  jib,  which  is 
above  the  bonnet  and  reef;  these  numljers  shall  be  placed  in  an  up- 
right position,  and  worn  at  all  times  during  the  dredging  season,  and 
shall  not  be  concealed  or  defaced,  and  no  other  number  shall  be  ex- 
posed to  view  or  used  than  that  which  is  furnished  by  the  Comptroller; 
any  captain  who  shall  violate  the  provisions  of  this  section,  shall  be 
deemed  guilty  of  a  misdemeanor,  and  upon  conviction  in  any  Circuit 
Court  of  this  State,  shall  be  fined  not  less  than  fifty  nor  more  than 
one  hundred  dollars,  or  imprisonment  in  the  jail  of  the  county  where 
the  case  is  tried,  not  more  than  six  montlis,  in  the  discretion  of  ilie 
court;  i)rovided,  the  court  or  jiu-y  trying  the  same,  shall  be  couvinceU 
that  the  provisions  of  this  section  have  been  intentionally  violated. 

Licenses  to  Catch  Oysters  with  Tongs,  &c. 

Sec.  17.  Any  resident  of  this  State,  desiring  to  use  any  canoe  or 
other  boat,  in  catching  or  taking  oysters,  for  sale,  with  rakes  or  tongs, 
in  any  of  the  waters  of  this  State,  shall  first  obtain,  by  application  to 
the  clerk  of  the  Circuit  Court  for  the  county  wherein  he  may  reside,  a 
license  therefor,  and  such  license  shall  have  effect  from  the  first  day  of 
.June,  in  the  year  in  which  it  may  have  been  obtained,  to  the  first  day  of 
June  next  succeeding  ;  provided,  that  such  license  shall  not  authorize 
the  use  of  said  canoe  or  boat,  in  taking  or  catching  oysters  in  any 
creek,  cove,  river,  inlet,  bay  or  sound,  within  the  limits  of  any  county 
oilier  than  that  wherein  the  license  shall  have  been  granted,  and  that 
the  boundaries  of  counties  bordering  on  navigable  waters  shall  be 
strictly  construed,  so  as  not  to  permit  the  residents  of  either  county 
to  take  or  catch  oysters  beyond  the  middle  of  the  dividing  channel ; 
provided,  that  nothing  in  this  section  shall  be  so  construed  as  to  pre- 
vent the  citizens  of  Calvert  and  St.  Mary's  counties  from  using  the 
waters  of  the  Patuxent  river  in  common,  or  the  citizens  of  Queen 
Anne  and  Kent  from  using  the  waters  of  the  Chester  river  in  common, 
or  the  citizens  of  Dorchester  and  Wicomico  from  using  the  waters  of 
llie  Nanticoke  in  common,  or  the  citizens  ol  Queen  Anne  and  Talbot 
from  using  the  waters  of  Wye  river  and  the  mouth  thereof  in  conunon. 

Licenses  to  Dredgers. 

Skc.  18.  Each  and  every  license  to  take  or  catch  oysters,  for  sale, 
witli  rakes  or  tongs,  shall  state  the  name  and  residence  of  the  ])ers()ii 
to  whom  the  same  is  to  be  granted,  the  number  together  with  the 


302  STATE    FISHERY   FOUCE. 

length,  to  he  obtained  by  top  or  over  all  measurcmpnt  of  the  canoe  or 
boat  licensed,  tlie  county  in  which  the  same  is  to  be  used,  and  the 
period  at  which  said  license  will  exi^ire.  and  every  applicant  for  such 
license  shall  pay  to  the  clerk  of  the  court  where  such  license  may  be 
granted,  and  before  the  issuing  and  delivery  of  the  same,  according  to 
the  following  rates,  viz:  for  any  boat  measuring  in  length  twenty 
feet  or  less,  the  sum  of  two  dolhirs ;  measuring  from  twenty  to  twen- 
ty-live feet,  the  sum  of  three  dollars ;  measuring  from' twenty-five  to 
thirty  feet,  tlie  sum  of  four  dollars;  and  all  over  thirty  feet,  including 
sloops  under  Custom  House  tonnage,  the  sum  of  five  dollars  each ; 
and  all  oysters  taken  with  rakes  or  tongs  shall  be  culled  upon  the 
natural  beds  where  they  are  taken  ;  the  amount  received  from  tonging 
license  to  be  paid  by  the  clerk  to  the  school  commissioners  for  the 
public  schools  of  the  respective  counties  where  such  license  is  issued; 
])r(ivided,  the  sum  received  from  white  tongers  shall  go  to  white 
bchools,  and  the  sum  from  colored  tongers  to  the  colcred  schools. 

ApplkanU  to  make  Oath. 

Sec.  19.  Evcr^^  applicant  for  license  to  ttse  any  canoe  or  other  boat, 
in  taking  or  catching  oysters  with  rakes  or  toners,  shall  be  required 
to  make  oath  or  affirmation  before  the  clerk  authorized  to  issue  the 
same,  or  some  justice  of  the  peace,  on  whose  certificate  of  the  taking 
of  such  oath  or  affirmation,  the  clerk  shall  issue  said  license,  that  the 
fiicts  set  forth  in  said  license  are  strictly  true,  that  he  has  been  a  hona 
fide  resident  of  the  county  for  the  twelve  months  next  preceding  his 
application  for  said  license,  that  he  desires  and  intends  to  use  said 
canoe  or  boat  only  in  the  county  in  which  he  resides,  that  he  will  not 
allow  the  same  to  be  used  for  taking  oysters  by  non-residents  of  the 
county,  and  that  he  will  comply  w:th  and  obey  all  the  laws  of  this 
State  regulating  the  taking  or  catching  of  oysters;  and  every  person 
to  whom  such  license  shall  have  been  granted,  shall  paint  the  number 
of  his  canoe  or  boat  on  the  outside  thereot,  near  the  gunwale,  in 
black  figures,  and  not  less  than  three  inches  in  length,  and  of  propor- 
tionate width,  in  a  white  ground,  and  no  numlicr  other  than  that  in 
the  said  license  shall  be  exposed  to  view  on  said  canoe  or  boat;  and 
any  person  failing  to  comply  with  this  provision  before  using  said 
boat  or  canoo  for  the  i)urpose  aforesaid,  shall,  on  conviction  thereof 
before  a  justice  of  the  peace,  be  fined  not  less  tiian  five  dollars  nor 
more  than  ti'n.  and  any  person  who  may  refuse  to  pay  s.iid  fine  shall 
be  comniittcd  to  the  county  jail  for  the  period  of  thirty  days  or  until 
said  tine  be  paid. 

Clcrls  to  issue  Licenses. 

Sec.  "f).  The  Comptroller  of  the  Treasury  shall  cause  to  be  printed 
and  delivered  to  the  clerks  of  tlie  Circuit  Courts  of  the  several  counties, 
the  requisite  numlicr  of  such  Mauk  licenses,  and  take  receipts  for  tlio 
same  as  for  other  licenses  iurnislied;  and  the  said  clerks  shall  on  the 
first  Monday  of  March  and  December  in  each  year,  return  to  the 
Comptroller  a  list  and  account  of  such  licenses  issued  by  them  ;  and  no 
licenses  to  take  or  catch  oysters  with  rakes  or  tongs,  shall  be  issued 
to  any  ijoat  or  vessel  which  is  licensed  to  take  or  catch  oysters  with 
scooj),  drag,  dredge  or  any  similar  instrument. 


STATE   FISHERY   FOKCB.  303 

Penalties. 

Sec.  21.  If  any  person  shall  use  any  canoe  or  boat,  not  licensed  as 
required  l)y  the  prccedintj  sections  of  this  article,  in  takinfj  or  catching 
oy.sters  with  rakes  or  tonsj^s  except  for  private  use,  he  shall,  upon  con- 
viction thereof  before  a  justice  of  the  peace  for  tlie  county  wherein  tlie 
oflence  has  been  committed,  be  lined  not  less  than  twenty  nor  more 
than  one  hundred  chillars,  and  in  case  of  a  refusal  to  pay  said  ilne.said 
I>arty  shall  be  committed  to  the  county  jail  lor  six  mouths  or  until 
said  fine  be  paid. 

License  Moneij  to  he  Paid  to  the  Oyster  Ftmd. 

Sec.  22.  All  moneys  arising  from  the  sale  of  licenses  or  from  fines, 
penalties  and  lorleitures  imposed  under  this  article,  shall,  upon  war- 
rant of  the  Comptroller,  be  paid  into  the  Treasury  and  placed  to  the 
credit  of  the  oyster  fund  ;  and  the  Comptroller  is  hereby  reqnired  to 
state  in  his  annual  report  particularly  the  receipts  ami  expcmlitures 
on  account  of  said  fund,  and  the  balance  standing  to  the  credit  of  the 
State  at  the  time  of  making  such  report. 

Exclusive  Privileges  of  Otcners. 

Sec.  23.  The  owner  or  owners  of  any  land  bordering  on  any  of  the 
navigable  waters  of  this  State,  the  lines  of  which  extend  into  and  are 
covered  by  said  waters,  shall  have  the  exclusive  privilege  of  using  tlie 
same  for  protecting,  sowing,  bedding  or  de])ositing  oysters  or  other 
shell-fish,  witliin  the  lines  of  their  own  land ;  and  any  owner  or  owners 
of  land  lying  and  bordering  upon  any  of  the  waters  of  this  State,  shall 
have  power  to  locate  and  appropriate  in  any  of  the  waters  adjoin- 
ing his,  her  or  their  lands,  five  acres,  for  the  jiurpose  of  protecting, 
preserving,  depositing,  bedding  or  sowing  oysters  or  other  shell-fish; 
and  that  any  other  citizen  of  the  State  shall  have  power  to  locate  and 
appropriate  five  acres  in  any  waters  in  said  State  not  located  or  appro- 
priated; provided,  thirty  days  notice  in  writing  shall  be  given  the 
owner  or  owners,  occupant  or  occupants  of  land  bordering  on  said 
water  proposed  to  be  located,  that  the  owner  or  owners,  occupant  or 
occupants,  may  have  priority  of  claim,  and  if  they  shall  fail  to  locate 
or  appropriate  the  water  mentioned  in  said  notice  within  thirty  days 
after  receiving  the  same,  then  it  shall  be  open  and  Iree  to  any  one 
under  the  provisions  of  this  section;  provided,  also,  that  the  said  lo- 
cation or  appropriation  shall  be  described  by  stakes,  bushes  or  other 
proper  and  visible  marks,  metes  and  bounds,  which  description  shall 
be  reduced  to  writing,  under  the  oath  of  some  competent  survcyoi-, 
and  recorded  at  the  expense  of  the  party  locating  or  apprf)priating  the 
same,  in  the  office  of  the  Clerk  of  the  Circuit  Court  in  the  county 
wherein  such  lands  may  be  located;  and,  2>rovided,  also,  that  such  lo- 
cation and  appropriation  shall  not  injure,  obstruct  or  imjiede  the  free 
navigation  of  such  waters  ;  and,  provided,  that  no  natural  bar  or  bed 
of  oysters  shall  be  so  located  or  appropriated,  and  that  six  nuuiths 
peaceuble  possession  of  all  locations  ol  oyster  grounds,  under  tlie  laws 
of  this  State,  shall  constitute  a  good  and  suliicient  title  tliereto  ;  but 
should  any  one,  within  the  six  months  hereinbefore  provided,  Ijc 
charged  with  locating  or  aj-tpropriating  any  natural  bed  or  bar  here- 


304  STATE   FISHERY   FOIJCE. 

inlicfore  proLihitecI,  the  question  may  be  at  once  submitted,  by  any 
pcrpon  interested,  to  the  JuriLre  of  the  Circuit  Court  in  the  county 
where  such  questions  shall  arise,  who,  after  having  given  notice  to  the 
parties  interested,  proceed  to  hear  the  testimony  and  decide  the  case, 
and  if  decision  be  in  favor  of  tlie  party  locating  said  five  acres,  said 
decision  sliall  l>e  recorded  with  the  original  record  of  said  iive  acres, 
and  shall  in  all  cases  be  conclusive  evidence  of  title  thereto. 

Oysters  in  Creeks,  Coves  and  Inlets. 

Sec.  24.  If  any  creek,  cove  or  inlet,  not  exceeding  one  hundred 
yards  at  low  water  in  breadth  at  its  mouth,  make  into  the  lands,  or 
that  if  any  creek,  cove  or  inlet  of  greater  widtli  than  one  hundred 
yards  at  low  water  mark,  make  into  the  lands,  tlie  owner  or  owners, 
or  other  lawful  occupant  or  occupants,  shall  have  the  exclusive  right  to 
use  such  creek,  cove  or  irlet,  when  the  mouth  of  said  creek,  cove  or  inlet 
is  one  hundred  yards  or  less  in  width,  and  when  the  said  creek,  cove 
or  inlet  is  more  than  one  hundred  yards  in  width  at  its  mouth  at  low 
water,  tlie  said  owner  or  owners,  or  other  lawful  occupant  or  occu- 
pants, shall  have  exclusive  right  to  use  such  creek,  cove  or  inlet,  so 
soon  as  said  creek,  cove  or  inlet,  in  making  into  said  land  or  lands, 
shall  become  one  hundred  yards  in  width  at  low  water,  for  preserving, 
depositing,  bedding  or  sowing  oysters,  or  other  shell-fish,  although 
such  cove,  creek  or  inlet  may  not  be  included  in  the  lines  of  any 
patent. 

The  State  Fishery  Force. 

Sec.  25.  The  sum  of  twenty  thousand  dollars  is  hereby  appropria- 
ted from  the  oyster  fund  of  this  State,  to  purchase  or  build  six  suita- 
ble sail  vessels,  and  arm  and  equip  the  same  for  the  service  hereinafter 
specified,  which,  together  with  other  vessels  now  in  the  service  of  the 
State,  shall  be  styled  the  "State  Fishery  Force,"  and  the  Governor, 
Treasurer,  Comptroller,  Commissioner  of  the  Land  Office,  and  the 
Clerk  of  the  Court  of  Appeals,  shall  constitute  a  I3oard,  to  be  styled 
the  Commissioners  of  the  State  Fishery  Force;  and  they  are  directed 
to  purchase,  arm  and  equip  said  vessels;  provided,  that  the  Board 
aforesaid  shall,  under  no  circumstances,  exceed  the  above  approjiria- 
tion;  and  the  Treasurer  of  the  State,  upon  the  requisition  of  said  com- 
missioners, and  the  warrant  of  the  Com^jtroller,  is  hereby  directed  to 
pay  the  sum  or  sums  necessary,  not  exceeding  this  and  any  other 
appropriation  hereinafter  mentioned, for  thepurposes  herein  specified 

Power  to  Aiin  Vessels. 

Sec.  26.  Said  commissioners  are  empowered  and  directed  to  pur- 
chase for  each  of  tiie  guard  boats  belonging  to  said  force,  one  suitable 
cannon,  and  surh  other  arms  and  ammunition  as  may  be  necessary  to 
make  them  efficient. 

State  Divided  into  Six  Districts. 

Sec.  27.  For  the  more  efficient  working  of  said  Fishery  Force,  the 
waters  of  tlic  State  shall  l)e  divided  into  six  districts,  of  which  the 
waters  of  Somerset  county  shall  constitute  the  first  district;  the 
waters  of  Wicomico  and  Dorchester  counties  the  second  ;   the  waters 


STATE   FISHERY   FORCE.  305 

of  Talbot  county  tlie  tliird;  tlie  waters  of  Kent  aiul  Qnccn  Anne's 
counties  tlie  tburdi  ;  the  waters  of  Anne  Annulfl  county  the  iiiih; 
the  waters  of  Calvert,  Cliarlcs  and  St.  Mary's  connlles  the  sixth  ;  each 
of  which  said  districts  shall  be  iruai'dcd  by  one  sailing  vessel,  excejit 
the  second  and  sixth  districts,  which  shall  be  guarded" by  two  sailing 
vessels,  the  vessel  to  be  designated  by  the  bouiniissioi  ers  ol  said 
Fishery  Force,  and  shall  be  under  the  general  supervisiou  of  the 
commander  of  said  force. 

The  Deputy  Commanders. 

Sec.  28.  The  Board  of  Commissinners  of  the  State  Fishery  Force, 
shall  have  power  to  appoint  a  suitable  person  to  command  said  force, 
toa])point  tlie  deputy  commanders  for  their  respective  districts,  irom 
persons  of  the  counties  whose  waters  comprise  the  different  districts, 
who  shall  be  commissioned  by  the  Governor,  and  the  said  commander 
and  deputy  commanders  shall  have  power  to  appoint  their  subordi- 
nates and  select  their  crews ;  and  the  term  of  ofHce  of  said  commander 
and  deputy  commanders  shall  be  for  two  years,  unless  sooner  removed 
for  incompetency  or  neglect  of  duty  ;  and  if  any  of  said  officers  shall 
fail  in  the  discharge  of  his  ditty,  by  reason  of  collusion  with  parties 
interested  in  violating  any  of  the  provisions  of  this  act,  he  shall  be 
guilty  of  a  misdemeanor,  and  on  indictment  and  conviction  in  a  court 
of  law,  shall  be  lined  or  imprisoned  at  the  discretion  of  the  court. 

Power  to  Remove  Officers. 

Sec.  29.  The  Board  of  Commissioners  of  the  State  Fishery  Force, 
shall  have  the  power  to  remove  any  oflicer  of  said  force,  lor  neglect  of 
duty  or  incom])etency  ;  and  any  officer  commanding  in  said  force, 
shall  have  the  power  to  remove  any  subordinate  under  his  command, 
and  appoint  a  person  to  till  the  vacancy  w'henever  the  interest  of  said 
service  may  in  his  judgment  require  him  to  do  so. 

To  Keep  Vessels  in  Order. 

Sec.  30.  The  said  Board  of  Commissioners  shall  have  power  to  keep 
the  steamer  and  said  vessels  in  good  order;  and  the  Treasurer  of  the 
State,  upon  requisition  of  said  Commissioners  and  the  warrant  of  the 
Comptroller,  is  hereby  directed  to  pay  the  sum  or  sums  necessary  to 
carry  out  the  provisions  of  this  section. 

How  Officers  are  Selected. 

Sec.  31.  The  commanding  officer,  who  shall  have  charge  of  the 
steamer,  may  Lie  selected  from  the  State  at  large,  but  that  the  de])uty 
commanders  shall  be  selected  from  the  districts  in  which  they  are  to 
serve. 

Duties  of  Commanding  Officer. 

Sec  32.  The  commanding  officer  is  hereby  required  to  keep  his  ves- 
sel constantly  on  duty,  when  circumstances  will  permit,  and  that  every 
locality  where  a  violation  of  the  law  is  likely  to  occur,  shall  be  visited 
as  often  as  the  duties  of  the  force  and  condition  of  the  vessel  v/ill  allow, 
and  that  every  three  months  a  report  shall  be  made  to  the  C^ommission- 
ers  of  the  Fishery  Force,  of  all  official  action  taken  under  the  law, 


306  STATE    FISHEUY   FORCE. 

and  of  all  moneys  received  for  license  issued  to  parties  engaged  in  car- 
rying oysters  taken  in  this  State,  which,  on  warrant  of  the  Comptrol- 
ler, shall  be  paid  into  the  Treasury. 

Duty  of  Deputy  Commanders. 

Sec.  33.  It  shall  be  the  duty  of  the  deputy  commanders  to  confine 
themselves  ordinarily  to  their  several  districts,  but  it  shall  be  compe- 
tent for  them  to  enforce  any  of  the  provisions  of  this  act.  in  any  waters 
adjacent  to  their  districts,  when  a  violation  of  the  same  shall  come  to 
their  knowledge;  and  that  they  shall  report  quarterly  to  the  Comp- 
troller, the  amount  of  moneys  received  for  licenses  issued  to  perstms 
engaged  in  carrying  oysters  taken  in  this  State,  and  on  receiving  his 
w'arrant,  shall  pay  the  same  into  the  Treasury. 

To  Give  Bond. 

Sec.  34.  The  commanding  officer  and  deputy  commander  of  said 
force,  shall,  before  entering  upon  the  discliarge  of  their  duties,  take, 
before  one  of  the  judges  of  the  Circuit  Court,  the  oath  prescribed  by 
the  Ccuistitution.  and  shall  enter  into  bond  to  the  State  of  Maryland, 
in  the  sum  of  three  thousand  dollars,  to  be  approved  by  said  judges 
for  the  faithful  performance  of  their  duties  as  prescribed  in  this  act. 

Salaries. 

Sec.  35.  The  salary  of  the  commanding  officer,  in  charge  of  steamer, 
shall  be  two  thousand  live  liundred  dollars  per  annum, and  he  shall  have 
power  to  appoint  one  officer  at  twelve  hundred  dollars  per  annum, 
one  engineer  at  twelve  hundred  dollars  per  annum,  and  one  officer  at 
nine  hundred  dollars  jier  annum,  three  seamen  at  thirty  dollars  per 
month,  two  seamen  at  twenty-live  dollars  per  month,  one  tireman  at 
thirty-live  dollars  per  month,  one  fireman  at  thirty  dollars  j^er  month, 
one  lireman  at  twenty-hve  dollars  per  month,  one  steward  at  twenty- 
five  dollars  per  month,  one  cook  at  twenty-five  dollars  per  month; 
and  each  deputy  commander  shall  receive  a  salary  of  twelve  hundred 
dollars  per  annum,  and  shall  have  power  to  appoint  one  oflicer  at  a 
salary  of  eight  hundred  dollars  per  annum,  and  three  seamen  at  a 
salary  of  forty  dollars  per  month,  each  to  be  selected  from  the  district 
iu  wiiich  they  are  to  serve. 

Rations  Allowed. 

Sec.  36.  The  officers  and  crew  of  the  steamer  aforesaid,  shall  each 
receive  one  ration  per  day  of  the  quality  and  quantity  such  as  is  al- 
lowed by  law  to  the  officers  and  crew  of  the  Revenue  Marine  ot  the 
United  States,  but  no  rations  shall  be  allowed  to  officers  or  crews  of 
the  sailing  vessels. 

Officers,  ct-c,  to  be  Paid  Monthly. 

Sec.  37.  The  officers  and  crew  aforesaid,  shall  be  paid  monthly  by 
the  Treasurer,  upon  warrant  of  the  Comptroller,  and  the  certificate  of 
commanding  officers,  that  their  duties  have  been  performed  as  required 
by  law  ;  and  the  Board  of  Commissioners  of  the  State  Fishery  Force 
shall  have  power  to  appoint  some  suitable  person  to  perform  tlie  duty 
of  clerk  to  said  commissioners,  and  allow  such  compensation  to  said 


STATE   VACCINE   AGENT.  809 

clerk  as  in  tlieir  jrulrrnient  may  be  proper;  provided,  the  amount  so 
paid  does  not  exceed  Ave  hundred  dollars  ])er  annum. 
Act  not  to  Affect  Exinting  Suits. 

Sec.  38.  Nothing  contained  in  this  act  shall  allect  any  puits,  actions, 
presentments  or  indictments  now  pending  before  any  tribunal  in  tliis 
State,  which  have  been  instituted  under  the  provisions  of  the  article 
hereby  repealed. 

^ot  to  Apply  to   Worcester  County. 

Sec.  39.  Nothing  in  this  act  shall  be  construed  so  as  to  apply  to 
Worcester  county. 

Vessels  Seeking  Harbors. 

Sec.  40.  Nothing  in  this  act  shall  be  construed  to  prohibit  vessels 
from  seeking  harbors  in  any  waters  of  this  State. 


THE    STATE    VACCINE    AGENT. 

The  Act  of  1864,  Chapter  2()Q,  as  amended  by  the  Act  of  1873, 
Chapter  257,  provides  for  a  State  Vaccine  Agency,  and  the  a])j)oint- 
mont,  by  the  Governor,  of  a  State  Vaccine  Agent,  once  in  six  years,  at 
a  salary  of  $600.  The  term  of  the  j^resent  incumbent,  commenced  in 
the  Spring  of  1870. 

State  Vaccine  Agency  Estalli^hed. 

Sec  1.  A  State  Vaccine  Agency  is  hereby  established  ;  said  agency 
to  be  located  in  the  city  of  Baltimore,  in  which  place  shall  be  kept, 
at  all  times,  a  supply  oi"  fresh  and  pure  vaccine  virus,  if  practicable, 
not  more  than  four  removes  from  the  cow,  for  the  use  of  the  physicians 
residing  and  practicing  medicine  and  surgery  in  this  State. 

Governor  to  Appoint  State  Va'Ccine  Agent. 
Sec.  2.  The  Governor,  by  and  with  the  advice  and  consent  of  the 
Senate,  shall,  once  in  six  years,  appoint  as  State  Vaccine  Agent,  one 
physician  of  good  character  and  standing,  whose  duty  it  shall  be  to 
kee])  on  hand,  and  to  procure  as  often  as  may  be  necessary,  pure  vac- 
cine virus,  and  to  furnish  such  virus  to  the  physicians  of  the  State  gra- 
tuitously when  called  for.  He  shall  keep  a  record  of  the  name  fnd 
location  of  each  physician  so  furnished  with  virus,  together  with  the 
quantities,  qualities  and  number  of  times.  He  shall  be  required  to  ad- 
vertise once  a  month  in  one  or  more  of  the  newspapers  pul)lislied  in  the 
city  of  Baltimore,  and  once  during  the  year  (three  insertions)  in  one 
paper  of  each  county.  He  shall  for  his  services  as  State  Vaceine 
Agent,  receive  an  annual  salary  of  six  hundred  dollars,  and  to  defray 
the  expenses  incurred  by  him  in  procuring  reliable  vaccine  virus,  and 
to  further  carry  out  theprovisions  of  this  Act,  the  additional  sum  of 
fourteen  hundred  dollars  is  hereby  appropriated  ;  said  salary  to  be 
paid  in  quarterly  installments,  as  other  State  othcers  are  now  paid; 
p-oriiied,  that  it  shall  be  comi)ctent  for  the  Govei-nor,  at  any  time,  to 
remove  said  agent  for  neglect,  incompetency,  or  unfaithfulness  of  any 
kind,  and  in  eai^e  of  death,  resignation  or  removal  for  any  of  such 
causes,  to  appoint  another  in  his  stead,  who  shall  hold  office  for  the 
unexpired  term  of  such  agent. 


310  S7  K.TR    VACCINE    AGENT. 

When  Paid  hy  County  or  City  Authoritks. 
Sec.  3.  For  every  child  vaccinated  -wliose  guardian  or  parents  are 
too  ])oor  to  pay  for  tlie  service,  the  County  Commissioners  of  the  seve- 
ral counties  or"the  City  Council  of  Baltimore,  as  the  case  may  l>e,  s])all 
pay  or  cause  to  be  paid  to  the  physician  performing  the  service,  the 
sum  of  fifty  cents  for  every  such  case,  on  presentation  of  such  account 
duly  authenticated  by  an  athdavit  setting  forth,  tliat  the  service  was 
duly  performed,  and  that  the  parents  or  guardians  are  unable  to  pay 
for  said  service. 

Who  are  to  he  Vaccinated. 

Sec.  4.  It  shall  be  the  duty  of  every  practicing  physician  in  this 
State,  to  vaccinate  all  children  in  the  circle  of  his  practice  which  may_ 
be  presented  to  him  for  vaccination,  within  one  year  after  birth,  if 
such  child  shall  be  in  proper  condition  for  such  service,  and  he  shall 
vaccinate  all  other  persons  not  previously  effectually  vaccinated  who 
shall  request  such  service  from  him.  Any  physician  neglecting  or  re- 
fusing so  to  do,  shall,  on  conviction  thereof,  forfeit  and  pay  for  every 
oft'ence,  a  penalty  of  five  dollars. 

Penalty  for   Willful  Use  of  Defective  Virus. 

Sec.  5.  Any  physician  who  shall  knowingly  and  willfully  use  any 
virus  defective  in  its  nature,  by  having  passed  through  a  scrofulous 
system,  from  having  been  taken  from  one  laboring  under  any  disease 
of  the  skin,  chronic,  sore  or  feljrile,  or  other  disease,  during  the  pro- 
gress of  the  vaccine  disease,  or  any  crust  which,  during  the  progress 
of  said  vaccine  disease,  was  punctured,  or  had  sustained  other  injury, 
slisdl,  upon  conviction  thereof,  forfeit  and  pay  a  sum  not  less  tliau  one 
huudred  nor  more  than  five  hundred  dollars  for  each  oft'ence. 

Duty  of  Parents  and  Guardians. 
Sec.  6.  It  shall  be  the  duty  of  every  parent  and  guardian  to  have 
his  or  her  child  vaccinated  within  twelve  months  after  its  birth,  if  it 
shall  be  in  proper  condition,  or  as  soon  thereafter  as  practicable;  and 
if  such  parent  or  guardian  shall  have  any  other  person  under  his  or 
her  control  or  care,  not  duly  vaccinated,  he  or  she  shall  cause  such 
person  or  persons  to  be  vaccinated  prior  to  the  fn-st  day  of  November 
of  each  year.  Any  person  failing  to  comply  with  the  provisions  of 
this  section  shall,  on  conviction  thereof,  forleit  and  pay  a  sum  not  less 
than  five  nor  more  than  ten  dollars  for  each  ofience. 

All  School  Children  to  he   Vacciymted. 

Sec.  7.  No  teacher  in  any  school,  shall,  after  the  first  day  of  Janu- 
ary eighteen  hundred  and  sixty-five,  receive  into  such  school  any  per- 
son as  a  scholar,  until  such  person  shall  jjroduce  the  certificate  of  some 
regular  practicing  phy;  ician,  that  such  applicant  for  admission  into 
the  school  has  been  duly  vaccinated.  Any  teacher  so  offending  shall, 
on  ccmviction  thereof,  forfeit  and  jiay  a  fine  of  ten  dollars  f(n-  each 
ofi'ence,  and  no  Public,  School  Trustee  or  Commissioner  shall  grant  a 
pennit  to  any  child  to  enter  any  Public  School,  without  such  certifi- 
cate, under  the  same  penalty. 

How  Fines  Shall  he  Eecovered. 

Sec.  8.  All  fines  imposed  under  the  provisions  of  this  Act,  shall  he 
recovered  before  a  justice  of  the  peace,  in  the  same  manner  as  small 


POLICE    COMMISSIONEllS   FOR   BALTIMORE   CITY.  311 

debts  are  recoveral^le,  for  the  use  of  the  school  fund  of  the  county  or 
city,  in  which  such  oflfence  shall  occur. 

To  Give  Bond  in  $;5000. 

Sec.  9.  The  Vaccine  Agent,  to  be  appointed  under  the  provisions  of 
this  Act,  shall  give  bond  to  the  Statu  of  Muryland,  in  the  sum  of  three 
thousand  dollars,  conditioned  f)r  the  luitliful  performance  of  his 
duties;  said  bond  to  be  approved  by  the  Comptroller  of  the  State. 

[Sec.  10,  appropriated  $500  to  the  State  Agent  to  procure  vaccine 
virus,  &c.,  for  the  year  1867,  by  the  Act  of  1807,  ch.  6.] 

To  Reproduce  True   Vaccine  Virus— Ilf port  to  the  Governor. 

Sec.  11.  The  State  Vaccine  Agent  is  hereby  required  to  take  all 
steps  necessary  to  reproduce  from  the  cow  true  vaccine  virus,  for  the 
use  of  physicians  residing  and  pnicticing  medicine  and  sui'gery  in  the 
State,  and  shall  furnish  none  more  than  four  removes  Irom  the'cow,  if 
practicable,  and  none  that  has  not  been  produced  under  his  own  su- 
pervision and  direction;  provided,  that  he  may  take,  use  and  furnish 
such  virus  furnished  to  him  by  any  physician  entrusted  by  him  to 
procure  the  same,  such  virus  not  to  be  taken  from  the  arm  of  a  child 
less  than  three  months'  old  ;  and  the  said  agent  shall  report  annually 
to  the  Governor,  the  particulars  of  his  expenditures,  and  other  matters 
connected  with  the  duties  of  his  agency. 

Present  Slate  Agent  to  Remain  in  Office. 
Sec.  2.  That  the  present  State  Agent  shall  remain  in  office  during 
the  term  for  which  he  was  appointed,  and  nothing  in  this  Act  shall  be 
so  construed  as  to  authorize  his  removal,  so  long  as  he  shall  comply 
with  the  provisions  of  this  Act,  and  of  the  sections  of  the  aforesaid 
article,  of  the  Code  of  Public  General  Laws,  not  hereby  repealed. 


THE    STATE    POLICE    COMMISSIONERS 
FOR    BALTIMORE    CITY. 

The  State  Police  Force  for  Baltimore  city,  is  established  by  the  Act 
of  1SG7,  chapter  3(57,  (Sections  806  to  827,  inclusive,  of  the  Public  Lo- 
cal Laws  of  Baltimore  City.)  The  Police  Commissioners  are  selected 
by  the  General  Asseml)ly,  on  joint  ballot,  for  four  years,  from  1867, 
1871  and  1875,  at  the  Session  preceding  by  one  year,  the  commence- 
ment of  their  term  of  office.     See  page  70. 

Election  of  Police  Commissioners — Removal — Salary — Bond. 
Sec.  806.  There  shall  be  elected  by  the  joint  meeting  of  the  two 
Houses  of  the  General  Assembly  of  Mjiryland,  three  discreet  persons, 
■who  shall  be  residents  of  the  State  of  Maryland,  live  years  preceding 
the  day  of  their  election,  and  three  years  residents  in  the  City  of  Bal- 
timore ;  said  three  persons  shall  be  known  as  the  Board  of  Police 
Commissioners  for  the  City  of  Baltimore.  They  shall  be  subject  to 
removal  as  hereinafter  jirovided,  hold  their  offices  tor  four  years,  and 
until  their  respective  successors  shall  have  been  appointed  and  qual- 
itied,  and  shall  each  receive  a  salary  of  two  thousand  live  hundred 
dollars  per  annum,  payable  quarterly.    Before  entering  upon  the  duties 


312  POLICE    COMMISSIONERS   FOK   BALTIMORE    CITY. 

of  their  office  of  Commissioner,  each  member  thereof  shall  enter  into 
bond  to  the  State  of  Maryland  with  one  or  more  sureties,  in  the  pen- 
alty of  ten  thousand  dollars  conditioned  for  the  faithful  discharge  of 
his  duties  as  such  Commissioner,  said  bond  to  be  approved  of  by  the 
judge  of  the  Superior  Court  of  the  City  of  Baltimore,  to  be  kept  and 
recorded  by  the  clerk  of  the  said  Court  in  the  office  thereof,  together 
with  the  certificate  of  appointment  as  aforesaid,  and  shall  also  take 
and  subscribe  before  the  said  judge  of  the  Superior  Court,  or  the  clerk 
thereof  the  oath  or  affirmation  prescribed  by  the  seventh  section  of 
the  first  article  of  the  Constitution  of  Maryland,  and  the  further  oath 
or  affirmation  that  in  every  ajipointment  or  removal  to  be  by  them 
made  to  or  from  the  Police  force  created  and  to  be  organized  by  them 
under  this  Act,  they  will  in  no  case  and  under  no  jiretext,  appoint  or 
remove  any  policeman  or  officer  of  Police,  or  detective,  or  any  other 
person  under  them,  for  or  on  account  of  the  political  opinions  of  such 
policeman,  officer,  detective,  or  other  person,  or  for  any  other  cause  or 
reason  than  the  fitness  cr  unfi^'ness  of  such  person,  in  the  best  judg- 
ment of  said  Commissioners,  for  the  place  to  which  he  shall  be  ap- 
pointed, or  from  which  he  shall  be  moved,  and  the  said  oath  or  affir- 
mation shall  be  recorded  and  preserved  among  the  records  of  said 
court. 

President  and    Treasurer —  Vacancy — Removal  for  Misconduct. 

Sec.  807.  The  Board  of  Police  Commissioners,  on  entering  upon 
their  duties  as  such,  shall  select  one  of  their  number  who  shall  be  the 
Pi'esident,  and  one  of  tlieir  number  who  shall  be  the  Treasurer  thereof 
and  in  case  a  vacancy  shall  happen  in  said  Board  during  the  recess 
of  the  General  Assembly,  it  shall  be  filled  by  the  Governor  of  the 
State,  which  appointment  shall  continue  until  the  next  session  of  the 
General  Assembly,  whicli  shall  proceed  to  fill  said  vacancy,  and  the 
General  Assembly  shall  also  in  like  manner  elect  by  joint  ballot  Com- 
missioners to  succeed  those  whose  term  of  service  shall  expire,  such 
election  to  be  liad  at  the  regular  session  of  the  General  Assembly,  im- 
mediately ])reccding  the  such  expiration,  and  neither  of  said  Com- 
missioners shall  be  eligible  to  an  elective  or  appointed  office  during 
the  tejni  for  which  he  has  been  elected,  except  under  the  militia  laws 
of  the  State,  and  for  any  official  misconduct  on  the  part  of  said  Com- 
missioners, the  General  Asseml)ly,  if  in  session,  shall  have  power  of 
removal,  and  during  the  recess  of  the  same  the  Governor  shall  re- 
move any  of  said  Commissioners  on  conviction  for  any  felony  before 
any  court  of  law,  and  shall  appoint  a  successor  or  successors  to  such 
delin(iuent  or  delinquents.  Commissioner  or  Commissioners  so  re- 
moved, to  serve  until  the  next  meeting  of  the  General  Assembly. 

Clerh — His  Duties — Bond  and  Salary. 

Sec  808.  The  Board  of  Police  Commissioners  immediately  after 
organizing  as  aforesaid,  shall  select  some  suitable  person  to  act  as 
clerk  to  the  Board,  whose  duty  it  shall  be  to  keep  minutes  of  the 
])roceedings  of  the  Board,  take  cliarge,  by  direction  of  the  Board,  of 
all  i)ro])erty  seized  or  found  by  the  police  or  detectives,  and  to  per- 
form all  clerical  and  ]jro])erty  duties  required  of  him  l)y  the  said 
Board;  said  clerk  shall  enter  into  bond  to  the  State  of  Maryland  in 
the  same  manner  as  hereinbefore  prescribed  for  the  Commissioners  in 


POLICE    COMMISSIONERS  FOK   BALTIMOKE    CITY.  313 

the  sum  of  five  tlioiisaiid  dollars  conditioned  for  the  fixithful  dis- 
charge of  his  duty  as  clerk  and  tlie  sale  keej)ing  of  all  p!-oi)erty 
placed  in  his  hands  as  aforesaid,  and  shall  receive  a  salary  of  lifteen 
hundred  dollars  per  annum,  payable  quarterly,  and  be  subject  to  re- 
moval at  the  pleasure  of  the  Board. 

Powers  and  Duties  of  Board — Proviso. 
Sec.  809.  The  duties  of  the  Board  of  Police  Commissioners  hereby 
created  shall  be  as  follows:  They  sluiU  at  all  times  of  the  day  and 
night  within  the  boundaries  of  the  city  of  Baltimore,  as  well  on  the 
water  as  on  the  land,  preserve  tlie  public  peace,  prevent  crime  and 
arrest  oflenders.  protect  the  rights  oi  ])ersons  and  property,  guard 
the  public  health,  preserve  order  at  primary  meetings  and  elections, 
and  at  all  public  meetings  and  conventions  and  on  all  public  occa- 
sions and  places  prevent  and  remove  nuisances  in  all  the  streets  and 
highways,  waters,  water  courses  and  all  other  places,  provide  a  proper 
police  iorce  at  every  tire  lor  the  protection  of  tiremen  and  property, 
protect  strangers,  emigrants  and  travelers  at  all  steamboat,  ferryboat 
and  ship  landings  and  railway  stations,  see  that  all  laws  relating  to 
elections  and  to  the  oljservance  of  Sunday  and  regarding  pav.'n- 
brokers,  gambling,  intemjjerance,  lotteries  and  lottery-policies,  va- 
grants, disorderly  persons  and  the  public  health  are  enforced ;  and 
to  enforce  all  laws,  ordinances  of  the  Mayor  and  City  Council  ol 
Baltimore  not  inconsistent  with  the  i)rovisions  of  this  Act  or  of  any 
law  of  the  State,  which  may  be  properly  enforceable  by  a  police  force 
in  case  the  said  "Board  of  Police  Commissioners"  shall  have  reason 
to  believe  tliat  any  person  or  persons  within  the  limits  of  the  city  of 
Baltimore  intend  leaving  the  city  for  the  purpose  of  C(mm"iitting  any 
breach  of  the  jjeace  or  of  violating  any  law  of  the  State  beyond  the 
limits  of  the  city,  upon  the  Chesaj^eake  bay  or  on  any  river,  creek, 
inlet,  water-course  or  other  jilace  on  land  or  water  within  the  State 
of  Maryland,  it  shall  l)e  tlic  duty  of  the  said  Board  of  Police  Com- 
missioners to  cause  such  person  or  persons  to  be  followed,  and  take  the 
most  efficient  means  for  the  suppression  and  prevention  of  sucli  out- 
rage, when  any  such  sliall  he  attempted,  and  to  cause  the  arrest  of  all 
such  oft'enders ;  ])rucitled,  Jwvever,  that  if  any  crime  be  actually  com- 
mitted by  such  person  or  persons,  the  offenders  shall  be  delivered  to 
the  proper  jurisdiction  for  trial  and  punishment;  any  person  charged 
with  the  commission  of  crime  in  the  city  of  Baltimore,  and  against 
whom  criminal  process  shall  have  issued,  may  l>e  arrested  u])on  the 
same  in  any  part  ol  the  State  by  the  police  force,  created  under  this 
Act,  under  such  rules  and  regulations  as  the  Board  of  Police  Commis- 
sioners may  ado])t;  and  the  said  Boanl  shall  have  ])()wer  to  adminis- 
ter oaths  or  affirmations  in  the  premises  to  any  person  or  persons, 
a])pearing  or  called  belore  them,  and  shall  also  have  the  power  of 
administering  oaths  or  affirmations,  and  summoning  witnesses  before 
them  whenever  it  may  be  necessary  for  the  more  etlectual  discharge 
of  their  duties. 

Board  to  Employ  Police  Force — IIoio  Officered — Compensation. 

Sec  810.  The  said  Board  of  Police  Commissioners  be,  and  they  are 
hereby  authorized  and  required  immediately  on  entering  upon  the 
duties  of  their  office,  to  appoint,  enroll,  and  employ  a  permanent  Police 
Force  for  the  City  of  Baltimore,  which  they  shall  arm  and  equip  as 


314  POLICE    COMMISSIONERS   FOR   BALTIMORE    CITY, 

they  may  judge  necessary,  under  such  rules  and  regulations  as  they 
may,  from  time  to  time,  prescribe,  and  the  said  Board  shall  have 
power  to  remove  any  police  officer,  or  officers  of  police,  or  any  detec- 
tive, for  the  violation  of  any  rule  or  regulation,  which  they  may  make 
and  promulgate  to  said  police  force,  officers  of  police  and  detectives; 
said  force  shall  consist  of  one  marshal  and  deputy  marshal  of  police 
for  the  city,  and  one  captain,  two  lieutenants,  two  turnkeys,  and  such 
number  of  sergeants  as  said  Board  of  Police,  in  their  judgment,  may 
deem  necessary,  for  each  police  district  in  said  city,  and  five  hundred 
men,  which  force  may  be  increased  at  any  time,  if  in  the  opinion  of 
the  Board  the  public  peace  shall  require,  to  any  number,  and  for  such 
period  of  time,  as  they  may  think  proper  by  the  appointment  of  spe- 
cial 2)olicemeu,  who  shall  receive  the  sum  of  two  dollars  and  fifty  cents 
per  day  for  their  service.  The  period  of  ap2:)ointment  in  the  regular 
police  force  shall  be  four  years,  unless  sooner  removed  for  official  mis- 
conduct: and  the  qualifications  for  the  position  of  officer  of  police  or 
policeman,  or  detective,  shall  be  good  moral  character,  sobriety,  citi- 
zenship of  the  United  States,  ability  to  read  and  write;  and  jDhysical 
strength  and  courage ;  no  person  who  has  been  convicted  and  sen- 
tenced to  the  Penitentiary  shall  be  eligible  to  the  position  of  officer, of 
police,  policeman,  detective  or  special  policeman.  The  pay  of  an 
ordinary  policeman  shall  be  eighteen  dollars  per  week,  payable  semi- 
monthly, and  in  case  the  Board  shall  appoint  detective  policemen,  and 
they  are  hereby  authorized  and  empowered  to  do  so  if  they  shall  think 
fit,  to  the  numlier  of  ten,  said  detectives  shall  receive  each  the  sum  of 
twenty  dollars  per  week,  payable  semi-monthly,  and  shall  not  be  al- 
lowed to  follow  any  business  or  profession,  but  shall  devote  their 
whole  time  to  the  discharge  of  their  duty  as  detectives  ;  the  officers  of 
police  shall  be  paid  semi-monthly,  and  their  jDay  shall  be  as  Ibllows : 
the  marshal  shall  receive  twenty-five  hundred  dollars  per  annum,  the 
deputy  marshal  shall  receive  two  thousand  dollars  jJer  annum,  each 
captain  twenty-two  dollars  per  week,  each  lieuten£\.nt  twenty  dollars 
per  week,  each  sergeant  nineteen  dollars  per  week,  and  each  turnkey 
fifteen  dollars  per  week,  the  joay  herein  provided  for  the  police  officers, 
policemen  and  detectives,  shall  continue  in  force  until  a  change  shall 
be  made  by  Act  of  General  Assembly. — 1870,  ch.  287. 

SJiall  select  Justices  of  the  Peace  for  Station  Houses — Their  Fees. 

Sec  811.  The  said  Board  of  Police  Commissioners  shall  have  the 
power,  and  it  shall  be  their  duty,  from  time. to  time,  to  select  and  em- 
ploy from  among  the  duly  appointed  and  qualified  justices  of  the 
peace  for  the  city  of  Baltimore,  one  justice  to  sit  at  each  station  house 
for  the  hearing  of  such  charges  as  may  be  brought  against  such  per- 
sons as  may  be  arrested  and  carried  to  said  station  houses,  and  shall 
have  full  power  to  pay  to  said  justices  such  reasonal)le  compensation 
as  thev,  the  said  Board,  may  think  i3ro])er,  and  to  remove  and  change 
the  said  justices  at  their  jjleasure  ;  provided,  that  nothing  in  this  sec- 
tion shall  be  so  construed  as  to  prohibit  the  said  justices  from  recov- 
ering from  the  parties  so  arrested  and  tried,  such  fees  as  they  may  be 
by  law  cntitied  to  receive  for  tlieir  services,  and  it  shall  be  the  duty  of 
the  otlicers  of  police,  policemen  and  detectives  ap[)ointed  under  this 
Act,  to  execute  any  and  all  warrants  and  commitments  which  the  said 
justices  may  issue  and  direct  to  them. 


rOLICK    COMMISSIONERS    FOU    BALTIMORE    CITY.  315 

To  Eatimate  the  Sum  Necessary  to  Pay  Police  Force — 
Police   Tax,  &c. 

Sec.  812.  It  shall  be  the  duty  of  the  Board  of  Police  Commissioners 
aforesaid,  immediately  to  estimate  and  annually  thereafter,  what  sum 
of  money  will  be  necessary  for  each  current  tiscal  year,  to  enable  them 
to  discharge  the  duty  hereby  imjjosed  on  them,  and  they  shall  forth- 
with certiiy  the  same  to  the  Mayor  and  City  Council  of  Baltimore, 
who  are  hereby  required,  without  delay,  si^ecitically  to  assess  and  levy 
such  amount  as  shall  be  suflicient  to  raise  the  same  clear  of  all  expen- 
ses and  discounts,  upon  all  the  assessable  property  in  the  City  of  Bal- 
timo]-e,  and  to  cause  the  same  to  be  collected  as  all  other  city  taxes, 
and  it  is  hereby  made  the  duty  of  the  Collector  of  the  City  of  Balti- 
more, and  he  is  hereby  requested  to  collect  said  tax,  to  be  denomi- 
nated the  Police  Tax,  and  the  said  Board  of  Police  Commissioners, 
upon  and  after  qualifying  as  such,  are  hereby  authorized  to  make  re- 
quisitions from  time  to  time,  upon  the  Comptroller  of  the  City  ot 
Baltimore,  or  other  proper  disbursing  officer  or  officers  of  the  corpora- 
tion, for  such  sums  of  money  as  they  may,  from  time  to  time,  deem 
necessary  for  the  purpose  of  carrying  out  the  objects  and  intentions 
of  this  Act;  provided^  the  same  shall  not  exceed  in  any  year  the  amount 
so  as  aforesaid,  certified,  or  which  may  thereafter  be  certified,  for  that 
year,  to  the  Mayor  and  City  Council  aforesaid,  and  in  case  the  said 
disbursing  officer  or  officers  shall  not  forthwith  pay  over  the  amount 
of  each  requisition  as  made,  it  shall  be  the  duty  of  the  said  Board, 
and  they  are  hereby  authorized  and  required,  to  issue  certificates  of 
indebtedness,  in  the  name  of  the  Mayor  and  City  Council  of  Baltimore, 
in  such  sums  as  they  may  deem  advisable  for  the  amount  of  such  re- 
quisitions respectively,  bearing  interest  at  six  per  cent,  per  annum, 
i;ayable  at  not  more  than  twelve  months  after  date,  and  signed  by  a 
majority  of  said  Board,  and  to  raise  the  money  on  said  certificates  by 
pledging  or  disposing  of  the  same  ;  which  certificates  shall  be  receiva- 
ble at  par  in  payment  of  city  taxes,  and  be  as  binding  on  said  corjjo- 
ration,  and  as  recoverable  against  it  as  if  the  Mayor  and  City  Council 
of  Baltimore  had  themselves  issued  the  same,  and  the  Mayor  and  City 
Council  of  Baltimore  shall  have  no  power  or  authority  to  levy  or  col- 
lect any  tax,  or  appropriate  any  money  for  the  payment  of  any  police 
Ibrce  other  than  to  be  organized  and  employed  under  this  Act,  and  no 
officer  or  other  emploj'^ee  of  the  said  Mayor  and  City  Council  shall  dis- 
burse any  money  therefor,  and  the  power  of  the  said  Mayor  and  City 
Council  to  levy  and  collect  taxes,  and  aj^propriate  and  disburse  money 
for  the  pa}  ment  of  the  Police  force,  to  be  organized  and  employed  under 
this  Act,  shall  be  exercised  as  herein  directed  and  not  otherwise  ;  and 
in  case  the  amount  so  as  aforesaid  to  be  estimated  by  the  said  Board 
shall  from  any  cause  i)rove  insufficient  for  the  necessary  expenses  for 
the  current  year,  the  said  Board  are  hereby  authorized  and  emj^ow- 
ered  to  issue  certificates,  and  raise  money  therefrom,  as  hereinbefore 
provided,  to  meet  the  said  exigency ;  provided,  hotcever,  that  no  addi- 
tional issue  shall  exceed  the  sum  of  fifty  thousand  dollars,  in  any  one 
year,  and  that  the  amount  thereof  shall  be  added  to  the  estimate  as- 
sessment and  levy  for  the  year  next  ensuing,  and  that  said  certificates 
shall  not  be  made  payable  at  an  earlier  day  than  twelve  months  from 
the  date  of  their  issue,  but  may  be  receivable  in  payment  of  city  taxes 
at  any  time  they  may  be  so  presented. 


316  POLICE    COMMISSIOIsEKS   FOR   BALTIMORE    CITY. 

Duty  of  the  Slier  {if. 
Sec.  813.  It  shall  be  the  duty  of  the  Sheriff  of  Baltimore  city, 
wlienever  called  on  for  that  purpose  by  said  Board,  to  act  under 
their  control  for  the  preservation  of  the  public  peace  and  quiet, 
and  if  ordered  by  them  so  to  do,  he  shall  summon  the  posse  comitatus 
for  that  jDurpose,  and  hold  and  employ  such  posse,  subject  to  their 
discretion  ;  in  case  the  said  Board  shall  deem  it  necessary,  they  shall 
call  out  such  military  force  lawfully  organized  or  existing  in  said  city 
as  they  may  see  lit,  to  aid  them  in  preventing  threatened  disorder  or 
opposition  to  the  laws,  or  in  suppressing  insurrection,  riot  or  disorder 
on  election  days,  and  at  all  other  times,  and  it  shall  be  the  duty  of 
said  militaiT  force  so  called  out  to  obey  such  orders  as  may  be  given 
them  by  said  Board;  whenever  the  exigency  or  circumstances  may  in 
their  judgment  warrant  it,  the  said  Board  shall  have  the  power  to 
assume  the  control  and  command  of  all  conservators  of  the  peace  in 
the  city  of  Baltimore,  whether  sheriffs,  constables,  police  or  others,  and 
they  shall  act  under  the  orders  of  the  said  Board,  and  not  otherwise; 
and  in  case  of  the  refusal  of  the  said  sheriff,  or  any  policeman,  con- 
stable, or  other  peace  officer,  or  persons,  to  obey  any  lawful  command  of 
said  Board  under  the  provisions  of  this  section,  they  shall  respectively 
be  guilty  of  a  misdemeanor,  and  punishable  as  in  such  cases  made 
and  i)rovided  ;  and  any  officer  of  any  military  force  in  the  city  of  Bal- 
timore, organized  under  any  law  now  existing  or  which  may  hereafter 
be  enacted  by  the  General  Assembly  of  this  State,  who  upon  being 
called  on  by  the  said  Board  as  aforesaid,  and  shall  refuse  or  willfully 
fail  to  call  out  the  force  under  his  command,  or  to  obey  the  orders  of 
the  said  Board,  or  to  enforce  by  all  lawful  means  the  j^erformance  of 
the  duties  to  said  force  assigned,  and  any  inferior  officer  or  private 
who  shall  refuse  or  williully  fell  to  obey  the  orders  of  his  superior 
officer  in  such  behalf,  sh.-ill  be  guilty  of  a  misdemeanor,  and  j)unish- 
able  as  in  such  cases  made  and  jji-ovided. 

Vacancies  among  Officers — How  Filled. 

Sec.  814.  Whenever  a  vacancy  shall  take  place  in  any  grade  of  offi- 
cers (except  the  marshal  and  deputy  marshal)  it  shall  be  filled  from 
the  next  lowest  grade,  if  competent  men  can  be  Ibund  therein ;  the 
Board  of  Police  Commissioners  are  hereby  authorized  to  make  all 
such  rules  and  regulations,  not  inconsistent  with  this  Act,  as  they  may 
judge  necessary  for  the  appointment  and  employment,  uniforming,  dis- 
cipline, trial  and  government  of  the  police  and  detectives,  and  tor  the 
relief  and  compensation  of  the  members  of  the  police  injured  in  per- 
son and  property  in  the  discharge  of  their  duty,  and  the  families  of 
men  or  officers  killed  while  in  its  performance  ;  j/rorideJ,  that  the  al- 
lowance in  any  one  instance  shall  not  exceed  twelve  months'  pay,  the 
said  Board  shall  have  power  to  require  of  any  policeman,  officer  of 
police  or  detective,  bond  with  sureties,  when  they  may  consider  it 
demanded  by  the  public  interest ;  all  lawful  rules  and  regulations  of 
the  Boartl  shall  be  obeyed  by  the  policemen,  officers  of  police  and  de- 
tectives, on  pain  of  dismissal  or  such  lighter  punishment  as  may  be 
prescribed  by  the  said  Board,  and  the  said  Board  shall  have  power  to 
suspend  from  duty,  fine  or  forieit  the  pay  of  any  officer  of  police, 
policeman  and  detective  for  violation  of  any  rule  or  regulation  by 
them  made  and  adopted. 


POLICE   COMMISSIONERS   FOB   BALTIMORE   CITY.  317 

iVo  Qratuity  to  he  Received. 
Sec.  815.  No  officer  of  police,  policeman  or  detective  shall  be  al- 
lowed to  receive  any  money  as  a  i^ratuity  or  extra  compensation  for 
any  services  he  may  render  without  tlie  consent  of  the  said  Board; 
and  all  such  moneys  as  any  officer  of  police,  jjoliceman  and  detective 
may  be  so  permitted  to  receive  shall  be  paid  over  to  the  said  Board, 
and  to^rether  with  the  proceeds  of  all  fines,  forfeitures,  penalties  and 
unclaimed  j^roperty  which  may  come  to  the  possession  of  the  said 
Board,  or  be  refovered  by  them  under  the  provisions  of  this  Act  or 
any  other  law,  shall  form  a  fund  which  the  Board  may  apply  towards 
the  allowances  of  officers  of  jjolice,  policemen  and  detectives  and  their 
families  as  hereinbelbre  authorized,  and  for  extra  pay  to  such  mem- 
bers of  the  force  as  by  gallantry  and  good  conduct  on  extraordinary 
occasions  may  be  judged  to  merit,  and  any  officer  of  jjolice,  policeman 
or  detective,  who  shall  directly  or  indirectly,  in  violation  of  this  sec- 
tion, receive  any  moneys  as  a  gratuity  or  extra  compensation,  and 
shall  tail  to  deliver  the  same  to  the  Board  for  the  purposes  herein- 
before ])rovided,  and  shall  apply  the  same  to  his  own  use,  shall  be 
forthwith  dismissed,  and  forever  after  ineligible  to  any  position  in  the 
force. 

Receipts  and  Disbursements. 

Six.  816.  The  Board  of  Police  Commissioners  shall  cause  to  be 
kept  by  their  clerk  aforesaid  a  full  record  of  their  proceedings,  and  also 
cause  all  their  receipts  and  disbursements  of  moneys  to  be  laithfully 
entered  in  books  to  be  provided  for  that  purpose,  and  said  books, 
journals  and  all  other  documents  in  the  jjossession  of  said  Board  shall 
always  be  open  to  inspection  by  the  General  Assembly  of  Maryland 
or  any  committee  appointed  by  it  for  that  purpose,  and  it  shall  be 
the  duty  of  the  said  Board  to  report  to  the  General  Assembly  at  each 
regular  session  or  as  may  hereafter  be  directed  by  the  said  General 
Assembly  the  number  and  expense  of  the  police  force  employed  by 
them  under  this  Act,  and  all  such  other  matters  as  may  be  of  public 
interest  in  connection  with  the  duties  assigned  to  them. 
Treasurer  to  give  Bonds,  c£-c. 

Sec.  817.  The  Treasurer  of  the  Board  of  Police  Commissioners 
hereinbefore  selected  before  entering  ujion  the  duties  of  his  office  as 
such  Treasurer,  shall,  in  addition  to'the  bond  given  as  Commissioner, 
enter  into  bond  to  the  State  of  Maryland,  as  hereinbefore  directed, 
with  one  or  more  sureties  in  the  penalty  of  ten  thousand  dollars, 
C(mditioned  for  the  fiithful  discharge  of  the  duties  imposed  upon 
him  as  Treasurer,  and  the  faithful  application  and  payment  over, 
pursuant  to  the  order  and  direction  of  the  said  Board  of  all  moneys 
which  may  come  into  his  hands  as  such  Treasurer,  and  shall  every  six 
months,  on  the  first  day  of  January  and  July,  in  each  and  every  year, 
during  his  continuance'in  office,  render  to  his  associates  in  said  Board, 
a  true"  and  faithful  account  of  the  receipts  and  disbursements  of  all 
moneys  received  and  disbursed  by  him,  by  order  of  the  said  Board 
with  the  vouchers  thereof,  during  said  period,  which  account  shall 
be  verified  with  the  affidavit  of  the  said  Treasurer,  and  the  said 
Board  shall  thereupon  examine  said  account,  and  if  they  find  the 
same  to  be  correct,  they  shall  certify  said  account,  and  forward  the 
same  to  the  Governor  of  the  State,  to  be  filed  in  the  office  of  the 


'>1S  POLICE    COjIJIISSTOXEISS    FOR    BALTIMOllK    CITY. 

Secretary  of  State,  the  said  Board  shall  retain  a  copy  thereof  with 
their  certificate  attached,  to  be  filed  among  the  papers  of  their  office. 

Board  may  Close  Bar-Rooms,  &c. 

Sec.  818.  The  said  Board  of  Police  Commissioners  are  authorized 
and  empowered  whenever  in  their  judgment  the  public  peace  and 
tranquility  may  require,  to  order  and  close  the  closing  temporarily 
of  any  and  all  bar-rooms,  bars,  drinking  houses,  and  liquor  shops, 
and  all  other  places  where  liquor  is  usually  sold  in  the  city  of  Balti- 
more, and  forbid  the  selling  and  furnishing  of  liquor  thereat,  and  any 
proprietor  or  keeper,  or  any  other  person  for  such  proprietor  or 
keeper,  of  any  such  drinking  house,  place  or  places,  as  well  as  all 
other  places  where  liquor  is  usually  sold,  who  shall  refuse  or  fail  to 
obey  such  order  of  said  Board  of  Police  Commissioners  passed  in 
pursuance  thereof  or  who  shall  sell  or  furnish  liqitor  from  any  such 
place  or  places,  during  such  period  as  said  Board  shall  so  forbid, 
shall  be  guilty  of  a  misdemeanor,  and  it  shall  be  the  duty  of  each 
and  every  officer  of  police,  policeman  and  detective,  who  may  be 
cognizant  of  any  violation  of  this  section  to  report  the  same  to  the 
grand  jury  of  the  city  of  Baltimore,  if  in  session,  and  if  not  in  ses- 
sion then  to  the  next  grand  jury  that  may  be  summoned  for  said  city, 
and  every  officer  of  police,  policeman  and  detective  who  shall  will- 
fully foil  to  make  such  report  shall  be  forthwith  dismissed  from  his 
position  and  shall  be  forever  after  ineligible  to  any  position  in  the 
police. 

Police  Districts,  &c. — Fire  Alarm  and  Telegraph. 

Sec.  819.  The  said  Board  of  Police  Commissioners  be  and  they  are 
hereby  authorized  and  empowered  to  take  possession  of  all  property 
heretofore  by  law  assigned  to  the  former  Board  of  Police,  and  to  have 
and  use  a  common  seal;  they  may  divide  the  city  into  such  number 
of  police  districts  as  they  may  think  necessary  for  the  public  good, 
and  if  found  practicable  in  addition  to  the  station  houses,  and  property 
attached  thereto,  which  they  are  hereby  authorized  and  empowered 
to  take  possession  of,  and  use,  they  may  provide  additional  station 
houses  with  all  necessary  appurtenances  as  may  be  found  needful  and 
necessary,  and  such  accommodations  as  may  be  requisite  for  the  police 
force,  said  Board  shall  also  have  the  use  of  the  fire  alarm  and  ^^olice 
telegraph  in  the  city  of  Baltimore,  and  of  all  station  houses,  watch 
boxes,  arms,  accoutrements  and  other  accommodations  and  property 
provided  by  the  city  of  Baltimore  for  the  use  and  service  of  the  police 
heretofore  created  by  an  Act  of  the  Corporation  of  said  city  as  fully 
and  to  the  same  extent,  as  if  the  same  had  been  provided  for  the  use 
of  the  Board  created  by  this  Act. 

Disposition  of  Property  Seized. 
Sec.  820.  It  shall  be  the  duty  of  every  officer  of  police,  and  every 
policeman  anddetective  to  report  to  the"  Board,  and  deliver  to  them 
all  property  seized  or  found  by  said  ofiicers  of  police,  policeman  or 
detective,  immediately  after  the  same  shall  have  come  into  their  pos- 
session, M'hich  property,  with  the  date  of  delivery,  and  descrii)tion  of 
the  same,  and  the  name  of  the  officer,  policeman  or  detective  dei)osit- 
ing  the  same,  shall  be  entered  in  a  book  by  the  clerk,  to  be  provided 
for  that  purpose,  said  clerk  shall  have  the  custody  of  all  such  prop- 
erty, and  shall  be  held  responsible  for  the  safe  delivery  of  the  same, 


POLICE   COMMISSIONERS   FOR    BALTIMORE   CITY.  310 

to  the  claimants  wlion  ordorcrl  to  do  so,  in  writintr,  l>y  the  said  Board, 
whicli  order  sliall  he  liis  voucher;  and  any  otficer,  policeman  or  de- 
tective, who  shall  tail  or  refuse,  for  a  period  of  twenty-four  hours,  to 
deposit  ail  such  property  as  aforesaid,  shall  be  subject  to  removal  by 
the  said  Board,  ancl  every  ollicer,  policeman  or  detective,  who  shall 
willfully  refuse  to  return  ail  such  jjroperty  as  aforesaid,  or  shall  return 
the  same  to  any  claimant,  shall  be  forthwith  dismissed  from  office. 
Dutij  of  Marshal — Hk  Reports. 

Sec.  821.  It  shall  be  the  duty  of  the  Marshal  of  police  of  the  city 
to  make  to  the  Board  of  Police  Commissioners,  to  be  by  them  certified 
to  the  clerk  of  the  Criminal  Court  of  Baltimore  city  on  the  morning 
of  each  day  (except  Sunday,)  a  report  showing  the  number  of  persons 
confined  in  tlie  several  station  houses  of  said  city,  for  any  offence  in- 
dictable under  the  common  law  or  the  Code  of  Genernl  Laws  of  Mary- 
land, with  the  cause  of  their  commitment,  and  how  many,  if  any, 
were  released,  and  by  whom;  and  if  any  trial  was  had,  and  before 
whom  ;  and  the  names  of  the  witnesses  if  any  examined  or  present  at 
the  trial,  and  the  place  of  their  residen<'e,  and  if  any  fines  and  costs 
was  imjjosed,  if  so,  how  much  and  to  whom  ])aid. 

Release  of  Persons  Committee^  <i-e. 
Sec.  822.  No  Marshal  of  Police,  or  any  of  the  captains  of  any  of 
the  districts  or  station  houses  or  any  one  acting  for  or  under  them,  or 
any  of  them,  shall  release  any  persons  committed  or  confined  in 
any  of  the  station  houses  for  any  felony  or  misdemeanor,  but  that  all 
such  persons  shall  be  released  only  on  the  order  of  the  committing 
magistrate,  the  judge  of  the  Criminal  Court,  or  one  of  the  members  of 
the  Board,  or  other  lawful  process. 

The  Park  Police. 

Sec.  823.  That  the  said  Board  of  Police  Commissioners  are  re- 
quired on  the  requisition  of  the  Druid  Hill  Park  Commissifjuers  to 
detail  fi-om  time  to  time  such  number  of  the  regular  ijt)lice  force  ol 
said  city,  as  the  said  Board  may  deem  necessary  for  the  preservation 
of  order  within  the  said  Park,  which  detailed  force  shall  have  the 
same  jjower  in  the  premises  that  the  police  force  of  the  city  have  as 
conservators  of  the  peace  within  the  city  limits. 

Responsibility  of  Mayor. 
Sec.  824.  Nothing  in  this  Act  contained,  shall  be  so  construed  as 
to  destroy  or  diminish  the  liability  or  responsibility  of  the  Mayor 
and  City  Council  of  Baltimore  for  any  failure  to  discharge  the  duties 
or  obligations  of  said  Mayor  and  City  Council  or  any  of  them,  or 
give  the  said  Mayor  and  Council  any  control  over  said  Board  or  any 
officer  of  police,  policeman  or  detective  appointed  thereby. 

Succession. 

Sec.  825.  Nothing  in  this  Act  shall  be  construed  to  prevent  the 
present  commissioners  and  their  officers  and  men  from  continuing  in 
the  discharge  of  their  duties  as  such  until  their  successors  shall  be 
be  duly  appointed  and  qualified. 

Examination  of  Persons  Arrested  in  Day  Time. 
Sec.  826.  All   persons   arrested   in  the   day   time   under  the  pro- 
visions of  this  Act  shall  be  taken  by  the  officer  or  officers  making 
21 


320  POLICE   COMMISSIONERS  FOR   BALTIMORE   CITY. 

the  arrest,  immediately  before  the  nearest  magistrate  for  an  examina- 
tion previous  to  their  incarceration  in  either  of  the  watch  houses  or 
jail  of  the  city  of  Baltimore.— 1867,  Chap.  367. 

Carrying  Deadly   Weapons. 

Sec.  827.  Whenever  any  person  shall  be  arrested  charged  with  any 
crime  or  misdemeanor,  and  carried  to  any  of  the  station  houses  of 
the  city  of  Baltimore,  ui)on  whose  person  shall  be  found  any  pistol, 
dirk  knife,  bowie  knife,  slingshot,  billy,  brass,  iron  or  any  other 
metal  knuckles,  razor,  or  any  other  deadly  weapon  whatsoever,  such 
person  shall  be  subject  to  a  fine  of  not  less  than  three  nor  more  than 
ten  dollars,  in  the  discretion  of  the  police  justice  of  the  station  house 
to  which  such  person  may  be  carried,  which  said  tine  shall  be  col- 
lected as  other  fines  are  now  collected ;  provided,  hmcever,  that  the 
provisions  of  this  section  shall  not  affect  those  persons  who,  as  con- 
servators of  the  peace,  are  required  to  carry  a  pistol  or  other  weapon 
as  part  of  their  equipments. — 1870,  Chap.  473. 


I 


THE  EXECUTIVE  GENERAL  APPOINT- 
MENTS. 

Constitution,  Akticle  II,  Section  13. 
The  Constitution,  Article  2.  Section  13,  fixes  the  time  for  the  nomi- 
nation of  all  civil  officers  to  tlie  Senate.     Tlie  sessions  of  the  Legisla- 
ture commence   on   tlie   tirst   Wednesday  in  January,  in  every  yen r 
which  has  an  even  number — 1874,  &c. 

When  Civil  Officers  are  Nmnivated  to  the  Senate. 
Sec.  13.  All  civil  officers  appointed  by  the  Governor  and  Senate. 
shall  be  nominated  to  the  Senate  within  fifty  davs  from  the  com- 
mencement of  each  regular  session  of  the  Legislature ;  and  their 
term  of  office,  except  in  cases  otherwise  provided  for  in  this  Consti- 
tution, shall  commence  on  the  first  M<raday  of  May  next  ensuing 
tlieir  appointment,  and  continue  for  two  years  (unless  removed  from 
office)  and  until  their  successors,  respectively,  qualify  according  to 
law;  but  the  term  of  office  of  the  Inspectors  of  Tobacco  shall  com- 
mence on  the  tirst  Monday  of  March  next  ensuing  their  appointment. 

For  full  list  of  the  Governor's  appointments,  see  "Executive  De- 
partment," pages  47  and  48. 


TOBACCO  INSPECTORS  AND   SUPERVISOR. 

The  Act  of  1872,  Chapter  3G,  adds  a  new  Article  to  the  Code  (<! 
Public  General  Laws,  relating  to  the  inspection  of  tobacco,  as  follows: 

Appointment  of  Inspectors  awl  Supeu'visor. 
Sec.  1.  The  Governor,  by  and  with  the  advice  and  consent  of  thd 
Senate,  shall  biennially  appoint  five  Inspectors  of  Tobacco,  one  for 
each  tobacco  warehouse  in  the  city  of  Baltimore,  and  also  one  Super- 
visor of  said  warehouses. 

To  Give  Bond  in  $30,000. 

Sec.  2.  The  said  Inspectors  so  aj^pointed  shall,  before  entering 
n])on  the  discharge  of  their  duties  as  Inspectors  of  Tobacco,  be  re- 
quired to  give  bond  in  the  sum  of  thirty  thousand  dollars  each,  sat- 
isfactory to  the  Treasurer  of  the  State,  for  punctual  and  full  returns 
at  the  end  of  each  quarter,  and  for  the  faithful  performance  of  all 
the  duties  imposed  upon  them  by  law;  and  the  said  bonds  shall  be 
recorded  in  the  office  of  the  clerk  of  the  Superior  Court  of  Baltimore 
city. 

To  Take  Charge  of  Effects. 

Sec.  3.  Any  Inspector  of  Tobacco  who  is  now,  or  may  hereafter  be 
appointed  by  the  Governor,  to  any  of  the  warehouses  in  the  city  of 
Baltimore,  who  shall  have  projjerly  bonded,  and  duly  qualified  ac- 
cording to  law,  shall  take  charge  of  all  the  tobacco-books,  furniture, 
a])purtenances  and  effects,  Ibund  in  the  warehouse  to  which  he  may 
be  appointed,  and  shall  receijit  to  his  predecessor  for  the  same. 


?i22  TOBACCO   INSPECTORS   AND   SUPERVISOR. 

Inspectors  Not  to  Engage  in  Sale  of  Tobacco^  nor  to  Receive  Gifts. 
Sec.  4.  No  Insi^ector,  or  other  person  appointed  or  employed  in 
any  of  the  tobacco  warehouses  in  the  city  of  Baltimore,  shall  be  en- 
caged in  the  purchase  or  sale  of  tobacco,  (except  of  their  own  growth,) 
nor  shall  it  be  lawful  for  any  person  thus  ap])ointed  or  employed  in 
the  warehouses,  to  receive  any  gift  or  emolument  whatever,  either 
directly  or  indirectly,  for  any  favor  or  service  rendered,  other  than  his 
regular  salary  or  wages.  Any  person  thus  convicted,  shall  be  at  once 
dismissed  from  office  or  service. 

Numbei'  of  Clerics — Salaries — Wages. 

Sec.  5.  Each  Inspector  shall  be  entitled  to  appoint  a  chief  clerk,  a 
shipping  clerk,  a  receiving  clerk,  and  a  weighing  clerk ;  and  such 
number  of  screwmen  and  laborers  as  shall  be  necessary  for  the  econom- 
ical management  of  his  warehouse  ;  the  salary  of  the  inspector  to  be 
twenty-five  hundred  dollars  per  annum,  of  the  chief  clerk,  twelve  hun- 
dred dollars  per  annum,  and  of  the  shipping  clerk,  receiving  clerk 
and  weighing  clerk,  each  nine  hundred  dollars  per  annum  ;  the  wages 
of  the  screwmen  to  be  two  dollars  and  fifty  cents  per  day,  and  of  the 
laborers  to  be  two  dollars  per  day. 

Receipts  and  Disbursements — to  make  Returm  Four  Times  a  Year. 
Sec  6.  Each  Inspector  shall  have  full  charge  of  all  the  receipts  and 
disbursements  of  the  warehouse,  to  which  he  may  be  appointed,  and 
shall  make  all  contracts  for  nails,  or  any  other  articles  that  may  be 
required  for  the  use  of  his  warehouse,  except  for  repairs,  and  shall 
make  a  regular  return  to  the  Comptroller  of  the  Treasury  four  times  in 
each  year,  viz.  January,  Ajjril,  July  and  October,  showing  the  receipts 
and  disbursements  of  his  warehouse,  with  the  vouchers  therefor,  set- 
ting forth  his  report  of  receipts,  the  amount  received  from  outage,  stor- 
age, cooperage,  reconditioning  stays,  sale  of  scraps,  and  so  forth  ;  and 
in  his  disbursements  the  amounts  paid  for  labor,  nails,  lumber,  hoops 
and  ordinary  incidental  expenses,  which  return  shall  have  been  first 
examined  and  ajjproved  by  the  Supervisor  of  wareliouses. 

Duty  of  the  Supervisor  of  Warehouses — Salary  $2500. 
Sec  7.  That  it  shall  be  the  duty  of  the  Supervisor  of  warehouses,  to 
see  that  no  Inspectors  employ  more  hands  than  are  necessarily  re- 
quired for  the  proper  working  of  his  house,  and  that  scraps  are  not 
made  unnecessarily;  also,  that  the  houses  be  kept  in  repair,  and  that 
they  are  taken  care  of;  also,  to  audit  all  quarterly  returns  of  the  In- 
spectors before  the  same  shall  be  forwarded  to  the  Comptroller  of  the 
Treasury,  and  enclose  the  same  if  correct ;  it  shall  also  be  his  duty  to 
decide  whatever  complaints  may  originate  between  either  buyer  or 
seller,  and  Inspector  of  any  warehouse,  and  to  exercise  a  general  su- 
l>ervision  over  all  Ihe  warehouses,  in  regard  to  expenses,  and  so  forth, 
tor  the  benefit  of  all  parties  interested  in  the  same ;  his  salary  to  be 
twenty-five  hundred  dollars  per  annum,  the  said  Supervisor  shall  give 
the  same  bond  that  is  now  required  of  the  other  Tobacco  Inspectors 
by  the  laws  of  this  State. 

Inspector's  Suhstitute  to  Qualify  under  Oath. 
Src  8.  That  in  case  of  the  absence  of  any  Inspector  from  his  ware- 
liousc,  by  reason  of  sickness,  or  otlier  unavoidable  causes,  then,  during 


TOBACCO    INSPECTORS   AND   SUPERVISOR.  323 

liis  absence,  liis  duties  shall  devolve  upon  the  chief  clerk,  or  such  other 
clerk  or  employee  as  he 'may  select  or  designate,  who  shall  qualify, 
under  oath,  for  the  faithful  discharge  of  the  same. 

Hours  of  Ldbor. 

Sec.  9.  That  the  hours  of  labor  in  the  several  tobacco  warehouses 
in  the  city  of  Baltimore,  shall  be  from  seven  o'clock,  A.  M.,  until 
twelve  o'clock,  M.,  and  from  one  o'clock,  P.  M.,  until  six  o'clock,  P.  il. 

Receipt  and  Delivery  of  Tohacm. 
Sec.  10.  That  all  tobacco  landed  or  delivered  at  any  of  the  ware- 
houses in  the  city  of  Baltimore,  for  inspection,  shall  be  taken  charge 
of  by  the  Inspector,  through  his  receiving  clerk,  and  the  parties  de- 
livering the  same,  shall  be  entitled  to  receive,  upon  demand,  the  In- 
spector's receipt  therefor. 

Number  of  Breals,  Samples,  &c. 

Sec.  11.  That  every  Inspector  shall  have  uncased  and  break,  every 
hogshead  of  tobacco,  that  may  be  delivered  for  inspection,  in  not  less 
than  live  diflerent  places,  for  Maryland  and  Ohio,  and  not  less  than 
three  different  places  for  Kentucky  and  Virginia,  and  if  the  Insi:)ector 
shall  be  of  the  opinion  that  such  tobacco  is  sound,  clean,  and  in  good 
order,  then  he  shall  select  from  each  break,  one  bundle  of  the  average 
quality  of  the  break,  and  the  bundle  so  selected  shall  be  considered 
the  sample  of  the  hogshead  ;  he  shall  also  have  the  hogshead  ])roperly 
marked  with  its  number,  the  year  of  inspection,  and  the  initials  of  the 
owner  on  each  head,  and  on  the  bilge,  and  shall  have  the  tare  and  net 
weight  marked  with  iron  on  the  bilge. 

Stayed  Tobacco. 

Sec.  12.  That  if  any  Inspector  shall,  upon  examination  of  any  hogs- 
head of  tobacco,  have  reason  to  suspect  that  the  same  is  trash,  or  flilse 
packed,  he  shall  cause  the  same  to  be  shaken  out  and  repacked,  and 
shall  charge  for  doing  so  the  sum  of  two  dollars  per  hogshead,  the 
same  to  be  paid  by  the  owner  or  his  agent. 

Samples  How   Tried,  Labeled  and  Sealed,  &c. 

Sec.  13.  That  it  shall  be  the  duty  of  the  Insj^ector  to  confine  the 
sample  of  each  hogshead  of  tobacco  inspected,  by  tying  them  together 
with  a  strong  tape  run  through  the  head  of  said  sample,  in  such  man- 
ner as  shall  be  most  likely  to  prevent  the  bundles  from  separating  or 
being  pulled  out,  and  shall  confine  on  said  sample  a  pasteboard  label, 
on  which  shall  be  written  the  marks  and  number  of  the  hogshead,  the 
date  of  ins2)ection,  and  the  name  or  number  of  the  warehouse,  and 
shall  seal  said  tape  and  label  witli  sealing  wax,  and  shall  stamp  it  with 
the  seal  of  the  warehouse.  Whenever  a  hogshead  of  tobacco  is  re- 
drawn or  reviewed,  the  samj^le  and  lul)el  thereon  of  the  original  inspec- 
tion, shall  be  returned  to  the  Insijector,  to  be  by  him  destroyed,  and 
the  label  on  the  sample  given  at  the  redrawing  or  reopening  of  the 
tobacco,  shall  show  that  the  hogshead  has  been  reinspected  or 
reviewed. 

Tampering  with  Samples. 

Sec.  14.  That  any  person  or  persons  being  proved  guilty  of  tamper- 
ing with  any  sample  of  tobacco,  after  it  shall  have  passed  from  the 
custody  or  control  of  the  Insjiector,  shall  be  liable  to  a  fine  of  not  less 
thiin  one  hundred  dollars,  by  prosecution  in  the  Criminal  Court  of 
Baltimore  city. 


524  TOBACCO    INSPECTOKS    AND    SUPEUVISOR. 

Inspector  to  Keep  Notes  in  Proper  Books. 

Sec.  15.  That  each  Inspector  shall  cause  to  be  kept  in  proper  books, 
the  name  of  the  owner,  the  niimlier,  gross,  tare  and  net  weiglit  of  every 
hogshead  of  tobacco  inspected  by  him,  the  State  where  grown,  the 
consignee  of  the  same,  the  name  of  the  vessel  by  which  shipped  out, 
and  the  name  of  the  party  shipping  the  same,  and  for  every  hogshead 
so  inspected  by  him,  he  shall  issue  his  certificate  or  note,  stating  in 
such  certificate  or  note,  the  name  or  initials  of  the  owner,  the  number 
of  the  hogshead,  the  State  where  grown,  the  date  of  inspection,  and 
the  gross,  tare  and  net  weight  of  the  hogshead,  and  he  shall  make  no 
delivery  of  any  hogshead  of  inspected  tobacco  from  his  warehouse,  ex- 
cept iipon  surrender  of  certificate  or  note,  corresponding  with  the 
nmnber  of  the  hogshead. 

Loss  of  Note — Hoic  Renewed. 

Sec.  16.  That  if  any  certificate  or  note  be  lost  or  mislaid,  or  de- 
stroyed, the  person  entitled  to  receive  the  tobacco  by  virtue  of  such 
note  or  certificate,  may  make  oath  before  a  justice  of  the  peace  to  the 
effect  of  said  note  being  lost,  and  shall  take  a  certificate  to  that  effect, 
from  such  justice  of  the  peace  to  the  Inspector,  and  deposit  the  same 
with  him,  then  the  Inspector  may  deliver  to  such  pei-son  a  new  note 
or  certificate,  with  marks,  numbers,  weights  and  date  corresponding 
with  the  former  note,  and  shall  thereby  be  discharged  from  all  actions 
and  demands,  on  account  of  such  former  note  or  certificate. 

When  not  to  he  Reneired. 

Sec.  17.  That  no  person  shall  be  entitled  to  receive  a  new  note  or 

certificate  in  lieu  of  any  note  or  certificate  lost  or  mislaid,  unless  he 

shall  notify  the  Inspector,  at  whose  house  it  was  issued,  within  twenty 

days  after  such  note  or  certificate  is  first  discovered  to  be  lost  or  mislaid. 

Stayed  Tdba-eco,  How  Recovered. 

Sec.  18.  That  all  tobacco  inspected  in  any  of  the  warehouses,  which 
may  be  condemned  or  stayed,  shall  be  carefully  cased  up  and  weighed, 
and  the  gross  weight  and  tare  be  entered  upon  a  book,  kept  for  that 
purpose,  together  with  the  number  of  breaks  in  such  hogshead  as  may 
be  stayed,  also  the  cause,  whether  for  false  packing,  trash,  order  or 
wet. 

Stayed  Todacco  to  ie  Reconditioned,  &c. 

Sec.  19.  That  all  tobacco  thus  stayed,  shall  with  all  convenient  dis- 
patch be  shaken  out,  reconditioned  and  packed,  under  the  supervision 
of  the  Inspector,  and  re-weighed  and  entered  upon  the  inspection 
books,  as  all  other  tobacco. 

Re-packing  Stayed  Tobacco. 

Sec.  20.  The  several  inspectors  having  charge  of  the  tobacco 
warehouses  in  the  city  of  Baltimore,  shall  charge  for  re-conditioning 
and  re-packing  all  stayed  tobacco  the  following  prices;  for  one  or 
two  breaks,  one  dollar;  for  full  stay,  two  dollars;  to  be  paid  by  the 
owner  or  his  agents,  and  for  re-drawing  hogsheads  of  Maryland  and 
Ohio  tobacco,  fifty  cents,  and  for  re-drawing  all  other  kinds,  one  dol- 
lar for  each  hogshead  re-drawn,  to  be  paid  by  the  owner  or  his  agent; 
the  charge  of  outage  shall  be  two  dollars  for  every  hogshead  not 
exceeding  eleven  hundred  pounds,  and  twelve  and  a  half  cents  addi- 


TOBACCO   INSPECTOKS   AND   8UPERVI60K.  325 

tional  on  every  hundred  pounds  over  eleven  hundred  pounds;  to  be 
paid  by  the  shipper  of  tlie  tobacco  or  his  agent. — 1872,  Chap.  228. 

Stayed  Tobacco  may  be  Removed. 
Sec.  21.  That  tlie  owner  of  any  tobacco  that  may  be  stayed  or  con- 
demned, shall  have  the  privilege  of  removing  the  same  irom  the 
warehouse  free  of  all  costs  or  charges  whatever,  either  for  outiige, 
cooperage  or  storage ;  provided,  also,  that  it  shall  not  be  lawful  to 
remove  any  stayed  tobacco  from  one  warehouse  to  another,  except  as 
all  other  tobacco  is  removed. 

Cooperage  of  Tobacco. 
Sec.  22.  That  all  tobacco  delivered  at  any  of  the  warehouses  in  the 
city  of  Baltimore  for  inspection,  in  such  condition  as  to  require 
cooperage,  shall  be  properly  coopered  and  taken  care  of,  and  the 
owner  or  his  agent  charged  for  the  same  not  less  than  twenty-five 
cents,  or  more  than  fifty  cents  for  each  hogshead  thus  coopered. 

Scrap  Tobacco. 

Sec.  23.  That  all  scrap  tobacco,  accruing  in  any  of  the  warehouses 
in  the  city  of  Baltimore,  shall  be  sold  by  the  Inspector  to  the  best 
advantage,  for  the  benefit  of  the  tobacco  fund,  and  the  proceeds 
accounted  for  with  all  other  receipts  in  returns  to  the  Comptroller. 

Inspector  to  Advertise  Tobacco  to  be  Sold. 

Sec.  24.  That  each  Inspector  shall  in  the  month  of  April,  annually, 
cause  to  be  inserted  in  some  one  of  the  Baltimore  newspapers,  once 
each  week,  for  four  successive  weeks,  an  advertisement,  stating  the 
name  of  the  warehouse,  the  w'eight,  gross,  tare  and  net,  the  number 
and  the  name,  or  initials  of  any  hogshead  of  tobacco  that  may  have 
been  inspected,  which  has  remained  in  the  wai'ehouse  for  the  space 
of  four  years,  and  the  owners  thereof  being  unknown  to  the  Inspector, 
and  if  such  tobacco  shall  not  be  claimed  within  thirty  days  after  the 
termination  of  the  advertisement,  the  same  shall  be  sold  by  the  In- 
spector, in  such  manner  as  he  shall  deem  best,  and  the  same  be  ac- 
coxmted  for  in  the  first  quarterly  return  thereafter. 

The  Owner  may  Recover  Proceeds  of  Sale. 
Sec.  25.  That  if  the  owner  of  any  tobacco,  sold  under  the  pre- 
ceding section,  shall,  within  one  year  from  the  date  thereof,  satisfy 
the  ComjDtroller  that  the  tobacco  so  sold  was  his  right  and  property, 
the  Comptroller  shall  draw  his  warrant  on  the  Treasurer  for  the 
amount  of  such  sale,  after  deducting  warehouse  costs  and  charges. 
Lawful  Tobacco — How  Packed. 

Sec.  26.  That  no  tobacco  of  the  growth  of  this  State  shall  be 
passed  or  accounted  lawful  tobacco,  unless  the  same  be  packed  in 
hogsheads,  not  exceeding  fifty  lour  inches  in  the  length  of  its  staves, 
nor  exceeding  forty-six  inches  across  the  head,  and  the  owner,  or  his 
agent,  of  tobacco  packed  in  any  hogshead  of  greater  dimensions, 
shall  re-pack  the  same  in  hogsheads  of  the  size  herein  prescribed,  at 
his  own  expense,  before  the  same  shall  be  passed. 

Accumulated  T'obacco — How  Stored. 

Sec  27.  That  whenever  so  large  an  amount  of  inspected  tobacco 
shall  have  accumulated  in  any  one  warehouse,  as  to  delay  the  inspec- 


526  TOBACCO    INSPECTORS   AND   SUPERVISOR. 

tions,  and  all  other  warehouses  are  equally  full,  the  Insi)ector  of  such 

Avarehouse  shall  have  the  right  to  rent  storage  for  as  niucli  as  may  be 

necessary  to  remove  in  order  to  make  room  for  the  inspected  tobacco. 

What  Tobacco  is  Not  Subject  to  Storage, 

Sec.  28.  That  no  tobacco  of  the  growth  of  this  State,  and  in  the 
hands  of  the  planters,  or  their  agents,  shall  be  subject  to  any  costs  or 
charges  for  storage  or  warehouse  rent :  this  not  to  apply  to  tobacco 
the  growth  of  any  other  State,  or  the  growth  of  this  State  which  may 
have  been  sold  to  any  purchaser  or  shipper. 

Tobacco  may  Remain  Twelve  Months   Without  Charge. 

Sec  29.  That  every  hogshead  of  tobacco  of  the  growth  of  this 
State,  that  shall  remain  in  any  warehouse  after  being  sold  by  the 
grower  or  his  agent,  for  a  longer  period  than  twelve  months,  and 
every  hogsliead  of  tobacco  of  the  growth  of  any  other  State,  whether 
sold  or  unsold,  that  shall  remain  in  any  warehouse  for  a  longer  period 
than  twelve  months,  the  Inspector  of  such  warehouse  shall  charge 
the  owner  thereof  the  sum  of  fifteen  cents  per  hogshead  storage,  lor 
each  month  after  the  said  twelve  months. 

Whai'fage — How   Controlled. 

Sec  30.  That  in  the  absence  of  the  State  Wharfinger,  the  Inspector 
of  each  warehouse  shall  have  charge  and  control  of  the  wharf  in 
fi'ont  of  his  warehouse,  so  far  as  relates  to  the  lauding  or  cording  of 
wood  or  other  material,  to  the  exclusion  of  tobacco,  and  all  vessels  or 
other  conveyance  having  tobacco  to  deliver  to  such  warehouse,  shall 
have  preference  over  all  others  in  the  use  of  such  wharves ;  that  no 
charge  of  wharfege  shall  be  laid  on  any  tobacco  received  at,  or  deliv- 
ered from,  any  of  the  State  warehouse  wharves. 

How  Inspector''s  Own   Tobacco  is  to  be  Inspected. 

Sec  31.  That  when  any  Inspector  shall  bring  his  own  tobacco  to 
the  warehouse  whereof  he  is  Inspector,  the  same  shall  not  be  inspected 
unless  done  by  the  Inspector  of  some  other  warehouse. 

Inspectors  to  Have  a  Copy  of  this  Law. 

Sec  32.  That  the  Comptroller,  Librarian,  or  other  proper  officer, 
shall  furnish  each  Tobacco  Inspector  with  a  bound  copy  of  this  Act, 
for  his  office  use,  the  cost  of  the  same  to  be  paid  out  of  the  tobacco 
fund. 

Bepealing    Section. 

Sec  33.  That  all  laws  or  parts  of  laws,  inconsistent  with  this  Act, 
and  the  i)rovisious  therein,  shall  be  and  the  same  are  hereby  repealed. 


WEIGHERS    OF     GRAIN. 

The  Act  of  1872,  Chapter  244,  provides  for  the  biennial  appoint- 
ment of  one  Weigher  General  and  live  Assistant  Weighers  of  Grain  in 
Baltimore  city,  as  follows  : 

Qovernor  to  Appoint  Weighers  of  Grain. 
Sec.  1.  The  Governor,  l)y  and  with  the  advice  and  consent  of  the 
Senate,  shall,  before  the  adjournment  of  the  present  General  Assembly, 
bienninlly  appoint  one  AVeigher  General  and  five  Assistant  Weighers 
of  Grain  in  and  ior  the  city  of  Baltimore,  who  shall  hold  their  oflice  for 
the  jieriod  of  two  years  from  the  first  jMonday  in  IMay  next  ensuing 
their  appointment  and  qualification,  and  until  their  successors  be  duly 
qualified. 

Oath  of  Office. 

Sec.  2.  Every  Weigher  of  Grain,  appointed  under  the  provisions  of 
the  preceding  section,  before  he  proceeds  to  act  as  such,  shall,  under 
the  penalty  of  five  hundred  dollars,  take  and  subscribe  the  following 
oath,  in  acldition  to  their  oaths  requii-ed  by  the  Constitution  and 
Laws,  to  wit :  I,  A.  B.,  appointed  AVeigher  of  Grain  in  the  city  of  Bal- 
timore, do  swear  that  I  will  diligently  and  carefully  weigh  all  grain 
that  I  shall  be  called  U2)on  to  weigh,  and  that  I  will  not  receive,  dur- 
ing the  time  I  hold  the  office  of  M'eigher  General,  or  Weigher  of  Grain, 
any  fee  or  reward  from  any  one,  directly  or  indirectly,  for  the  dis- 
charge of  my  duty,  and  that  I  will  not  buy  or  sell  any  grain,  or  act  as 
agent  for  any  one,  or  assist  in  the  buying,  selling  or  consigning  any 
grain  for  any  one  during  the  time  I  shall  hold  the  said  office ;  and  in 
every  other  respect,  fairly  and  honestly,  without  prejudice  or  par- 
tiality, will  discharge  all  the  duties  of  Weigher  General  or  Weigher 
of  Grain,  to  the  bestTof  my  skill  and  judgment,  so  help  me  God. 

Weigher  General  to  Give  Bond  in  $10,000, 
Sec.  3.  The  Weigher  General,  before  he  enters  upon  the  discharge 
of  the  duties  of  his  office,  shall  give  bond  to  the  State  of  Maryland, 
with  two  securities,  to  be  approved  l)y  the  Comptroller,  in  the  pen- 
alty often  thousand  dollars,  conditioned  for  the  faithful  iDerformance 
of  the  duties  hereby  imposed  on  him. 

Assistants  to  Give  Bond  in  $5,000. 
Sec.  4.  Each  Assistant  Weigher  shall  give  bond  to  the  State,  with 
two  securities,  to  be  approved  by  the  Comjjtroller,  in  the  penalty  of 
five  thousand  dollars,  with   a   like  condition   as   the   bond   of  the 
Weigher  General. 

Bonds  may  te  Sued  for  Neglect. 

Sec.  5.  In  the  event  of  a  failHre  to  perform  any  duties  assigned  the 
said  Weighers  by  this  Article,  the  said  bond  or  bonds  may  be  put  in 
suit  by  order  of  the  Comptroller  for  the  benefit  of  the  State,  and  judg- 
ment rendered  thereon  as  on  other  official  bonds. 


828  WEIGHERS  or  grain 

All  Grain  to  he  Reported — Duty  of  the  WciyJier  General. 
Sec.  6.  All  grain  arriving  in  the  city  of  Baltimore,  must  be  re- 
ported to  the  Grain  Weigher's  Office,  whether  by  steamers,  sail  ves- 
sels of  all  descriptions,  barges,  or  canal  boats  ;  and  it  shall  be  the  duty 
of  the  Weigher  General  oi'  Grain  to  have  weighed  all  grain  carried 
to  said  city  for  sale,  except  grain  carried  to  the  city  on  wagons,  carts, 
railroad  cars,  or  through  elevators ;  frotided,  however,  all  grain  sent 
to  said  city  must  be  weighed  by  said  Weigher  General,  if  the 
owners  of  said  Grain  shall  request  it  to  be  weighed  by  him.  It  shall 
be  the  duty  of  the  Weigher  General  to  proceed  to  weigh  all  grain 
within  at  least  two  hours  after  the  same  is  reported,  and  continue 
weighing  until  the  weighing  is  completed ;  and  for  every  failure  to 
comply  with  this  provision,  the  said  Weigher  General  shall  be  liable  to 
a  penalty  of  twenty  dollars,  to  be  recovered  before  any  justice  of  the 
peace  in  Baltimore  city,  one-half  of  the  fine  to  go  to  the  informer,  and 
the  other  half  to  the  State;  the  suit  to  be  brought  in  the  name  of  the 
State.  If  any  grain  shah  be  brought  by  water  to  Baltimore  for  sale 
in  bags,  the  said  weighers  shall  weigh  the  said  grain  on  board  the 
vessel  or  steamboat  without  removing  it  from  the  bags,  if  the  buyer 
and  seller  shall  mutually  agree. 

Weigher  General  to  Keep  an  Office. 
Sec.  7.  The  Weigher  General  shall  keep  an  office  in  some  station  in 
the  city  of  Baltimore  convenient  to  the  wharves  or  jilace  where  the  trade 
in  grain  is  chiefly  carried  on,  and  shall  be  in  said  office,  except  when 
upon  duty  weighing  grain,  Irom  eight  o'clock,  A.  M.  until  five  o'clock, 
P.  M.,  ready  to  receive  all  applications  for  weighing  and  measuring, 
and  to  hear  and  determine  all  controversies  between  the  buyer  and 
seller  in  relation  to  grain  bought  or  sold  as  hereinafter  i^rovided, 
and  in  case  of  sickness  or  inability  to  attend  in  said  office  at  any 
time,  he  shall  appoint  some  one  of  the  other  weighers  to  attend  to  his 
duties  in  his  absence. 

Applications  for   Weighing   Grain. 
Sec.  8.  The  Weigher  General,  whenever  application  shall  be  made 
to  him  by  any  party  interested  in  any  grain,  to  have  the  same  weighed 
and  measured,  shall  proceed  in  person,  or  direct  some  one  of  the  as- 
sistant weighers  to  proceed  at  once  and  weigh  the  same. 

To  Procure   Weights  amd  Scales. 
Sec.  9.  The   Weigher   shall   carefully   weigh    and    determine    the 
weight  of  all  grain,  and  for  that  purpose  shall  procure,  at  Ms  own 
expense,  suitable  weights  and  scales  for  that  purpose. 

Not  to  Weigh  Grain  after  its  Sale,  or  Buy  or  Sell  it. 
Sec.  10.  No  Weigher  shall  weigh  any  grain  after  it  has  been  once 
sold  and  delivered  on  its  arriving  in  said  city,  nor  shall  he  during  his 
continuance  in  office  buy  or  sell,  either  directly  or  indirectly,  or  re- 
ceive any  grain  by  way  of  barter,  loan  or  exchange,  or  in  any  way  in- 
termeddle with  or  busy  himself  in  procuring  to  be  sold  or  consigned 
to  any  merchant,  or  in  loading  any  ship  or  vessel  with  grain,  except 
the  ])roi)er  grain  that  may  have  been  grown  by  the  said  weigher,  un- 
der the  penalty  of  two  dollars  for  every  bushel  so  bought  or  sold, 
and  upon  conviction  for  the  offence  he  shall  be  dismissed  from  his 
office. 


"WEIGHERS   OF   GRAIN.  829 

Wei(/7ierf{  Not  to  Receive  any  Oratuity. 
Sec.  11.  If  any  weijilicr  shall  acccjit  or  receive,  directly  or  indi- 
rectly, any  gratuity  or  reward  for  anything  done  by  him  in  pursnancc 
hereof,  other  than  what  is  hereinafter  allowed  as  his  compensation,  he 
shall,  upon  conviction,  forfeit  the  sum  of  one  thousand  doiiar^^,  and 
ever  after  be  incompetent  to  hold  the  office  of  weigher  under  the  laws 
of  this  State. 

Weighers  to  Male  Daily  Returns. 

Sec.  12.  Each  Weigher  shall  make  a  daily  return  to  the  Weigher 
General  of  the  number  of  V)ushels  of  grain  weighed  by  him,  and  the 
Weigher  General  shall  make  or  cause  to  be  made  an  entry  of  the  same 
in  a  well  bound  book,  showing  the  number  of  bushels  weighed  and 
measured  for  each  person,  and  the  said  Weigher  General  shall  cl'arge 
and  receive  one-fourth  cent  per  bushel  for  weighing,  and  shall  charge 
one-fourth  cent  per  bushel  for  measuring ;  said  one-fourth  cent  per 
bushel  for  measuring  shall  be  paid  by  the  seller  to  the  measurer,  and 
the  first  named  aforesaid  one-fourth  cent  per  bushel  for  weighing  shall 
be  paid  by  the  purchaser  to  the  Weigher  General. 

Weigher  General  to  make  Returns  every  Month. 

Sec.  13.  The  Weigher  Gejieral  shall  make  a  return  on  the  first  day 
of  every  month,  or  within  ten  days  thereafter  to  the  Comptroller, 
verified  by  affidavit  before  some  justice  ot  the  peace,  of  the  number  of 
bushels  of  grain  weighed,  and  the  amount  of  money  received  therefor, 
and  shall  jjay  the  amount  thereof  after  deducting  necessary  office  rent, 
and  the  payment  of  the  wages  of  not  more  than  two  clerks,  at  a  salary 
of  not  more  than  six  hundred  dollars  per  annum  for  each,  to  the  Trea- 
surer upon  the  warrant  of  the  Comptroller. 

Comjienaation. 

Sec.  14.  The  Treasurer  upon  the  warrant  of  the  Comptroller,  shall 
allow  and  pay  over  to  the  Weigher  General  and  the  other  Vv'eigliers  one- 
fourth  cent  per  bushel  \x\wn  all  grain  weighed  by  them,  provided,  the 
same  shall  not  amount  to  more  than  two  thousand  dollars  in  the 
aggregate  for  any  one  year  for  the  Weigher  General,  and  the  sum  of 
sixteen  hundred  dolhu-s  for  each  Weigher,  it  being  intended  hereby 
not  to  pay  said  officer  in  gross  more  than  two  thousand  dollars  to  the 
Weigher  General,  and  sixteen  hundred  dollars  to  each  assistant. 
To  Ascertain  Average   Weight. 

Sub-Sec.  1.  The  said  Weighers  shall  carefully  weigh  one  bushel 
in  every  sixty  of  wheat,  and  one  bushel  in  every  one  hundred  of  corn, 
rye  and  oats,  for  the  purpose  of  ascertaining  the  average  weight  of 
the  cargo  or  parcel  of  grain,  and  that  in  wa^ighing  grain  sold,  it  shall 
not  be  necessary  to  measure  sixty  bushels  ol  wheat,  or  one  huntlred 
bushels  of  other  sirain,  before  taking  a  draft  for  weighing;  but  it 
shall  be  the  privilege  of  either  party,  at  any  stage  of  the  delivery  of 
the  grain,  to  require  that  any  intermediate  draft  shall  be  weighed, 
and  if  each  party  shall  have  caused  an  intermediate  draft  to  be 
weighed,  the  average  weight  of  the  two  dralts  shall  be  taken  as  the 
accurate  weight  of  the  said  sixty,  or  one  hundred  bushels,  as  the 
case  may  be,  and  in  case  only  one  of  the  ])arties  shall  require  an  in- 
termediate draft  to  be  weighed,  then  the  average  of  the  said  interme- 
diate draft  and  the  Weigher's  draft  shall  be  taken  as  the  weight  ol 
said  sixty  bushels,  as  the  case  may  be. 


330  WEIGHERS   OF   GRAIN. 

Standard   Weight  of  Grain. 

Sub-Sec.  2.  The  term  grain  used  in  this  Article  shall  be  construed 
to  mean  wheat,  rye,  f)ats,  corn,  buckwlieat  and  barley,  and  that  the 
standard  weight  of  wheat  shall  be  sixty  pounds  to  the  bushel;  rye 
and  corn  each  fifty-six  pounds  to  the  bushel ;  and  oats  twenty-six 
pounds  to  the  bushel ;  buckwheat  forty-eight  pounds  to  the  bushel, 
and  barley  forty-seven  pounds  to  the  bushel ;  and  in  all  contracts  here- 
nftei'  made,  a  bushel  of  either  of  said  articles  shall  be  determined 
by  the  said  weights  respectively,  unless  the  parties  to  any  such  con- 
tract shall  otherwise  expressly  stipulate. 

E-tpenses  Not  to  Exceed  the  Weighing  Fund. 
Sub-Sec.  3.  The  amount  to  be  so  paid  under  the  warrant  of  the 
Comptroller  of  the  Treasury  to  the  Weigher  General  and  Weighers, 
and  for  any  other  expenses  which  may  accrue  under  this  Act,  shall 
not  exceed  the  amount  to  the  credit  of  the  weighing  fund,  as  pro- 
vided by  law,  and  if  there  shall  not  be  in  the  treasury,  to  the  credit 
of  said  grain  weighing  fund,  a  sufficient  sum  after  paying  the  ex- 
jaenses  incurred  under  this  Act,  to  pay  in  full  the  said  salaries  of  the 
said  Weigher  General  and  Weighers,  then  ratable  deduction  shall  be 
made  between  the  said  Weigher  General  and  said  Weighers. 

On  Failure  to  Report   WeigJters  to  be  Suspended. 

Sec.  15.  If  either  the  Weigher  General  or  any  Assistant  Weigher 
shall  foil  or  refuse  to  make  the  report  and  pay  over  the  money  re- 
quired of  them  by  this  Article,  or  shall  make  a  false  report,  on  com- 
plaint of  the  ComiitroUer  to  the  Governor,  (and  it  is  hereby  made  his 
duty  to  complain  whenever  either  of  said  officers  shall  fail  to  do  their 
duty,)  the  Governor  shall  forthwith  suspend  liini  irom  office,  and  he 
shall  remain  suspended  until  he  complies  with  the  provisions  of  said 
section,  and  if  the  Weigher  General  shall  fail  to  comply  for  two 
Aveeks  after  the  time  provided  by  this  Article,  he  shall  be  dismissed 
from  office. 

Bond  Lial)le  for  False  Return. 

Sec.  16.  If  the  Weigher  General  or  any  Assistant  Weigher  shall 
make  a  false  return,  eitlier  in  amount  of  weights  or  money  received 
and  paid  over,  he  shall  be  liable  on  his  bond,  and  l)e  ever  afterwards 
incapable  of  holding  any  office  under  the  grain  hi  as  of  this  State. 

On  Failure  to  Malce  Return,  Bond  to  be  Sued. 

Sec.  17.  The  Comptroller  shall,  whenever  the  Weigher  General 
shall  fail  to  make  the  return  to  the  Treasurer  hereinbefore  required, 
send  a  copy  of  his  bond  to  the  State's  Attorney  for  the  city  of  Balti- 
more, to  be  put  in  suit,  whose  (.Itity  it  sliall  be  to  proceed  thereon,  for 
the  sju'cdy  recovery  of  the  penalty  thereof  as  upon  other  official  bonds. 

Treasurer  to  Open  an  Account  with  Qrain  Weighers  Fund. 
Sf:c.  18.  The  Treasurer  shall  open  an  account  witli  the  grain  weigh- 
ing lund,  and  credit  to  said  account  or  fund,  all  money  paid  into  the 
Treasury  by  the  Weigher  General,  and  the  surplus  of  fees  that  may 
hereafter  )»e  received  li'om  any  weigher  holding  ollice  untler  the  pro- 
visions of  any  otlier  law,  and  pay  tlie  amount  directed  by  law,  to  be 
])aid  thereout,  and  charge  them  to  said  fund,  and  shall  invest  the 
balance  remaining  in  the  Treasury  to  its  account  lor  the   benefit  of 


WEIGHERS   OF   GRAIX.  odl 

said  fund,  to  be  hereafter  disposed  of  under  tlie  direction  of  the 
General  Assembly  of  Maryland,  for  building  a  warehouse  or  ware- 
houses in  the  city  of  Baltimore  for  the  accommodation  of  the  grain 
trade  of  this  State. 

Assistants  may  he  Appointed — Proviso. 

Sec.  19.  The  Weigher  General  may  appoint  as  many  assistant 
•weighers  and  measurers  of  grain  as  the  demands  of  trade  require,  and 
tix  their  compensation;  providM  it  shall  not  be  more  than  one-fourth 
of  a  cent  a  bushel,  one-half  to  be  paid  by  the  buyer  and  the  other 
half  hy  the  seller,  and  may  dismiss  them  ibr  ncglectt,  or  impi-oper 
discharge,  of  duty,  but  before  said  measurers  shall  perform  any  duty, 
each  shall  take  an  oath  before  some  justice  of  the  peace  for  the  iaithful 
and  impartial  performance  of  the  duties  of  his  office. 

No  Person  to    Weigh    Grain  Except    Those  Appointed. 

Sec.  20.  No  person  except  those  appointed  under  this  Article,  shall 
weigh  or  measure  any  grain  in  the  city  ol  Baltimore  that  may  arrive 
lor  sale,  as  provided  by  this  law,  under  the  ]icnalty  of  twenty-five 
dollars  for  every  oflfence,  to  be  recovered  in  the  name  of  the  State,  for 
the  use  of  the  informer,  before  any  justice  of  the  peace  for  the  city  of 
Baltimore. 

Weighers  to  Attend  to   the  Duties  in  Person. 

Sec.  21.  That  the  Weigher  General  and  the  assistant  weighers, 
to  be  appointed  by  virtue  of  this  Act,  unless  prevented  by  sickness  or 
inability,  shall  attend  to  their  respective  duties  in  person,  and  not  by 
de])uty," under  a  penalty  of  five  hundred  dollars,  one-half  to  go  to  the 
informer,  and  the  other  to  the  State. 


COMMISSIONERS    OF    PIIAEMACY    AND 
PRACTICAL     CHEMISTRY. 

The  Act  of  1872,  Chapter  414,  entitled  an  Act  to  prevent  incompe- 
tent persons  from  conducting  business  as  pharmacists,  or  vending,  at 
retail,  drugs,  medicines  or  chemicals,  for  medicinal  use,  in  the  city  of 
Baltimore,"provides  for  the  appointment  of  three  "Commissioners  of 
Pharmacy  and  Practical  Chemistry,"  biennially,  by  the  Governor,  from 
among  ten  pharmacists  nominated  by  the  Maryland  College  of  Phar- 
macy.    The  Act  is  as  follows  : 

Meaning  of  Term  '■'■Pharmacists.'''' 

Sec.  1.  The  term  or  name  "Pharmacists,"  in  the  meaning  and  scope 
of  this  Act,  does  mean,  embrace  and  apply  to  all  persons  engaged  in 
vending  at  retail,  drugs,  medicines  and  chemicals  for  medicinal  use, 
and  in  compounding  and  dispensing  physicians'  prescriptions,  either 
as  owners  of  stores  or  as  managing  assistants  in  charge  of  stores. 
Violators  of  the  Act  suljcct  to  a  Fine  of  $50  per  week. 

Sec.  2.  Any  person  who,  after  the  passage  of  this  Act,  does  vend  or 
retail  drugs,  medicines  or  chemicals  for  medicinal  use,  or  compound 
and  dispense  physicians'  prescriptions  in  the  city  of  Baltimore, 
without  complying  with  the  requirements  of  this  Act,  unless  lie  siiaU 


382  COMMISSIONERS   OP   PHARMACY. 

be  employed  under  the  circumstances  contemplated  in  Section  9,  shall 
be  deemed  guilty  of  a  misdemeanor,  and  subject  to  a  penalty  or  fine 
of  fifty  dollars  lor  each  and  every  week  he  shall  continue  to  vend  at 
retail,  drugs,  medicines  or  chemicals  for  medicinal  use,  or  compound 
and  dispense  physicians'  prescriptions  in  the  city  of  Baltimore,  with- 
out complying  with  all  the  requirements  of  this  Act;  said  penalty  or 
fine  to  be  sued  for  in  the  name  of  the  Commissioners  of  Pharmacy  and 
Practical  Chemistry,  appointed  under  this  Act,  and  before  a  single 
justice  of  the  peace,  in  the  same  manner  as  small  debts  now  are  ;  one- 
half  of  said  penalty  or  fine  to  go  to  and  be  the  property  of  the  in- 
former, the  balance  to  be  paid  to  the  Treasurer  of  the  Maryland  College 
of  Pharmacy,  for  the  use  of  said  college. 

Oovernor  to  Appoint  Three  Commmioners. 
Sec.  3.  The  Maryland  College  of  Pharmacy  shall  nominate,  bien- 
nially, of  the  most  skilled  and  competent  pharmacists  of  the  city  of 
Baltimore,  ten  persons,  irom  amongst  whom  the  Governor  shall  ap- 
point three  Commissioners,  whose  duty  it  shall  be  to  fairnfully  and 
impartially  execute  or  cause  to  be  executed,  all  the  provisions  and  re- 
quirements of  this  Act ;  they  shall,  upon  application,  and  in  such 
manner  and  at  such  place  as  they  may  determine,  examine  each  and 
every  person  who  shall  desire  to  engage  in  vending,  at  retail,  drugs, 
medicines  or  chemicals  for  medicinal  use.  or  in  compounding  and  dis- 
pensing physicians'  prescriptions  in  the  city  of  Baltimore,  touching 
his  competency  and  qualifications,  and  upon  being  satisfied  that  the 
person  so  examined  is  competent  and  qualified  to  vend  at  retail, 
drugs,  medicines  and  chemicals  for  medicinal  use,  and  compound  and 
disj^ense  physicians'  prescriptions  safely  and  without  jeopardy  to  the 
health  and  lives  of  the  people  of  the  city  of  Baltimore,  they  or  any  two 
of  them  shall  grant  such  person  a  certificate  of  competency,  and  re- 
gister him  as  a  Pharmacist. 

Title  of  Commissioners,  &e. 
Sec.  4.  The  Commissioners  appointed  under  this  Act,  shall  be  styled 
and  known  as  the  Commissioners  of  Pharmacy  and  Practical  Chemis- 
try, and  shall  hold  office  for  two  years,  and  thereafter,  until  their  suc- 
cessors have  been  appointed  and  have  qualified ;  said  Commissioners 
shall,  within  thirty  days  after  notification  of  their  ap])ointment,  each 
subscribe  to  an  oath  before  the  Clerk  of  the  Superior  Court  of  Balti- 
more city,  to  impartially  and  faithfully  discharge  the  duties  prescribed 
by  this  Act;  the  position  of  any  Commissioner  appointed  under  this 
Act,  who  shall  fail  to  so  qualify  within  the  time  and  in  manner  named, 
shall  be  vacant ;  the  Governor  shall  fill  all  vacancies  occurring  from 
amongst  the  persons  nominated  by  the  Maryland  College  of  Pharmacy, 
under  Section  3  of  this  Act. 

Persons  Selling  Drugs  to  Register  as  Phamiacists. 
Sec.  5.  Each  and   every  person  before  commencing  to  vend  at  re- 
tail, drugs,  medicines  or  chemicals,  for  medicinal  use,  or  to  compound 
and  dispense  physicians'  prescriptions  in  the  city  of  Baltimore,  as 
managing  owner  of  a  store,  or  as  managing  assistant  of  a  store,  shall 
register  as  a  Pharmacist,  under  the  ])rovisions  of  this  Act. 
To  he  deemed  a  Registered  Pharnmcist. 
Sec.  6.  Every  person  who  shall,  at  the  time  that  this  Act  goes  into 
efi'ect,  be  engaged  in  vending  at  retail,  drugs,  medicines  and  chemi- 


COMMISSIONERS   OF   DEEDS.  333 

cals,  for  medicinal  U9e,  and  compounding  and  dispensing  physicians' 
prescriptions  in  the  city  of  Baltimore,  and  registered  as  an  a])othe- 
cary,  under  an  Act  entitled  "an  Act  to  prevent  incompetent  persons 
from  conducting  the  business  of  druggist  and  apothecary  in  the  city 
of  Baltimore,"  approved  March  the  twenty-tliird,  eigliteen  hundred 
and  seventy,  shall  be  deemed  a  registered  Pharmacist  within  the  mean- 
ing of  this  Act. 

Wlio  are  deemed  Competent. 

Sec.  7.  Every  person  holding  a  diploma  from  a  regular  chartered 
and  recognized  College  or  School  of  Pharmacy,  based  upon  a  full  ap- 
prenticeship of  four  years  as  a  Pharmacist,  and  who  presents  satisfac- 
tory evidence  of  these  facts  to  the  said  Commissioners  of  Pharmacy 
and  Practical  Chemistry,  shall  be  deemed  competent,  and  entitled  to 
register  as  a  Pharmacist. 

Fees  for  Certificate  and  Register  $6. 

Sec.  8."  Said  Commissioners  of  Pharmacy  and  Practical  Chemistry 
shall  demand  and  receive  from  each  applicant  for  a  certificate  of  com- 
petency, whom  they  examine,  five  dollars  for  each  examination, 
and  shall  likewise  be  entitled  to  demand  and  receive  one  dollar  from 
every  person  whom  they  register  ;  the  money  received  under  the  pro- 
visions of  this  section  shall  be  used  and  applied  by  said  Commissioners 
to  defray  the  expenses  accruing  or  arising  under  this  Act. 
Pharmacist's  Business  in  Case  of  Death. 

Sec.  9.  In  case  of  the  death  of  a  registered  Pharmacist,  doing  busi- 
ness as  such  in  the  city  of  Baltimore,  the  business  of  said  Pharmacist 
may  be  continued  by  his  heirs,  executors  or  admistrators,  for  the  ben- 
efit of  said  heirs,  for  a  period  of  six  months,  after  whicli  time,  if  the 
business  is  continued  by  said  heirs,  executors,  or  administrators,  they 
must  employ  a  registered  Pharmacist  to  conduct  it. 


COMMISSIONERS  TO    TAKE  ACKNOWLEDG- 
MENTS OF  DEEDS,  &c. 

The  Commissioners  to  take  Acknowledgments  of  Deeds  and  other 
papers,  are  appointed  by  the  Governor  under  Article  21  of  the  Public 
General  Laws,  as  follows : 

Governor  to  Appoint  Biennially. 

Sec.  1.  The  Governor,  by  and  with  the  advice  and  consent  of  the 
Senate,  shall,  biennially  appoint  and  commission  one  or  more  Com- 
missioners in  each  State,  District  or  Territory  of  the  Unsted  States, 
who  shall  have  authority  to  take  the  acknowledgment  and  proof  of 
the  executicm  of  any  deed  or  other  conveyance  or  lease  of  any  lands, 
tenements  or  hereditaments  lying  in  this  State,  or  any  contract,  letter 
of  attorney,  or  any  other  writing,  under  seal  to  be  used  and  recorded 
in  this  State. 

To  Hold  Office  as  Other  Ciml  Officer's. 

Sec.  2.  The  said  Commissioners  shall  hold  their  office  as  other 
civil  officers  of  this  State  apjjointed  in  pursuance  of  the  fourteentli 
section  of  Article  second  of  the  Constitution. 


^34  COMMISSIONERS   OF   DEEDS. 

To  Take  an  Oath  and  Procure  a  Seal. 
Sec.  3.  Every  Commissioner  so  appointf<i  shall  take  and  subscribe 
an  oath  before  "a  justice  of  the  peace  in  the  city  or  county  in  which 
he  shall  reside,  well  and  faithfully  to  execute  and  perform  all  the 
duties  of  such  commissioner,  under  and  by  virtue  of  the  laws  of  this 
State,  and  shall  also  procure  an  official  seal,  a  distinct  impression  of 
which,  taken  up(m  wax  or  some  other  substance  capable  of  receiving 
and  retaining  a  clear  impression,  together  with  his  signature,  in  his 
own  proper  handwriting,  thereto  attached,  shall,  with  the  oath  of 
office  aforesaid,  be  transmitted  to  and  tiled  in  the  office  of  the  Secre- 
tary of  State. 

May  Administer  Oaths. 

Sec.  4.  Every  Commissioner  so  appointed  and  qualified  shall  have 
authority  to  administer  an  oath  to  any  person  desirous  to  make  such 
oath  before  him,  and  such  oath  shall  be  as  good  and  effectual  as  if 
made  before  a  justice  of  the  peace  in  this  State. 

Legal  Effect  of  His  Acts. 

Sec.  5.  Any  acknowledgment  made  or  proof  taken  before  any  such 
commissioner  in  the  manner  directed  by  the  laws  of  this  State,  and 
certified  to  under  his  seal,  and  endorsed  on,  or  annexed  to,  the  deed  or 
instrument  of  writing,  shall  have  the  same  effect  as  if  the  same  had 
been  made  or  taken  before  a  judge  of  a  court  of  record  of  another 
State. 

The  Evidence  of  His  Appointment. 

Sec.  6.  The  Secretary  of  State,  immediately  upon  the  receipt  of  the 
evidence  of  qualification  of  any  such  Commissioner,  shall  make  a 
short  entry  of  the  same  ujjon  the  record  of  appointments  or  civil  list, 
and  a  certificate  of  the  Governor,  under  the  Great  Seal  of  the  State,  to 
the  appointment  and  qualification  of  any  such  Commissioner  as  ap- 
jiearing  from  the  said  record  of  apjjointments  or  civil  list,  shall  be 
suflicient  evidence  of  the  appointment  and  qualification  of  such  Com- 
missioner. 

Governor  to  A]ypoint    Commissioners  in   Fm-eign    Countries. 

Sec.  7.  The  Governor  may  also,  by  and  with  the  advice  and  consent 
of  the  Senate,  appoint  one  or  more  Commissioners  in  any  foreign 
country,  who  shall  continue  in  office  during  the  pleasure  of  tlie  Gov- 
ernor, and  shall  have  authoi-ity  to  take  the  acknowledgment  and 
proof  of  the  execution  of  any  deed  or  t)ther  conveyance  or  lease  of 
any  lands  lying  in  this  State,  or  any  contract,  letters  of  attorney  or 
any  other  writing,  under  seal  or  not,  to  be  used  and  recorded  in  this 
State. 

To  File  His  Oath  and  Seal  in  the  Executive  Office. 

Sec.  8.  Every  Commissioner  appointed  under  the  last  preceding 
section,  before  performing  any  duty  or  exercising  any  power  in  virtue 
of  his  appointment,  shall  take  and  subscribe  an  oath  before  a  judge 
or  clerk  of  one  of  the  courts  of  record  of  the  kingdom  or  country  in 
which  sucli  Comiiiissioner  shall  reside,  well  and  failhfully  to  execute 
and  perform  all  the  duties  of  such  Commissioner  under  and  by  virtue 
of  the  laws  of  this  State;  which  oath,  w^ith  a  description  of  his  seal 
of  office,  together  with  his  signature  thereto,  shall  be  iiled  in  the  Ex- 
ecutive office  of  this  State. 


STATE   WHARFINGERS.  335 

Commissioners  to  Pay  a  Tax  of  $10. 
Sec.  9.  All  Coniiiiissioncrs  ai)])()intcd  uiulcr  tliis  Article  shall  pay 
into  tlie  TreuHury  of  the  Stntc  the  sum  of  ten  dollars;  and  no  com- 
mission shall  issue  to  said  Commissioners  until  the  Comptroller  shall 
report  to  the  Governor  that  the  said  sum  of  ten  dollars  has  been  jjaid 
into  the  Treasury  as  hereinl^elore  provided. — 1872,  ch.  350. 


THE   STATE   WHARFINGERS. 

The  State  Wharfingers  for  the  city  of  Baltimore  are  appointed  by 
the  Governor,  biennially,  under  Article  97  of  the  Public  General  Law, 
as  loUows : 

Governor  to   Appoint   One  or  More    Wharfingers. 

Art.  97,  Sec.  1.  The  Governor,  by  and  with  the  consent  of  the 
Senate,  shall,  biennially,  appoint  one  or  more  persons  of  integrity  as 
Wharfingers  in  the  citv  of  Baltimore. 

Bond  $5000. 
Sec.  2.  The  person  so  appoinied  shall,  before  proceeding  to  act, 
enter  into  bond  to  the  State  of  Maryland,  with  two  securities  to  be 
approved  by  the  Governor,  in  the  penalty  of  five  thousand  dollars, 
conditioned  for  the  faithiul  and  impartial  discharge  of  the  duties  of 
State  Wharfinger  in  the  city  of  Baltimore,  according  to  law. 

Bond  Filed  tnth  the  Secretary  of  State. 
Sec.  3.  The  bond  executed  by  said  AVharfinger  shall  be  filed  by 
the  Secretary  of  State  among  the  papers  and  documents  in  his  charge, 
and  a  copy  thereof  certified  under  iiis  hand  and  seal  shall  be  evidence 
of  the  execution  and  ai:)proval  thereof,  and  shall  be  good  evidence  in- 
any  court  of  law  or  equity  in  this  State. 

Wharfinger  to  Collect    Wharfage. 

Sec.  4.  It  shall  be  the  duty  of  the  State  Wharfinger  so  appointed 
to  take  chai'ge  of  the  wharves  which  he  may  be  directed  and  author- 
ized to  take  charge  of,  belonging  to,  or  rented  by  the  State  within 
said  city,  and  to  charge  and  collect  from  all  vessels  and  persons  re- 
sorting to  or  using  any  of  said  wharves  that  he  may  have  charge  of, 
the  rates  of  wharfiige  as  are  now  authorized  by  law  or  ordinance 
within  said  city,  or  may  hereafter  be  established  by  the  Mayor  and 
('ity  Council  of  Baltimore. 

Powers  and  Duties  of  Wharfinger. 
Sec.  5.  He  shall  be  vested  with  the  same  powers  in  regard  to  the 
care  of  said  wharves  or  such  part  thereof  as  may  be  under  his  care 
and  direction  and  the  regulating  of  vessels  and  persons  resorting  to 
and  using  them,  as  any  harbor  master  or  other  officer  within  the  city 
of  Baltimore;  and  any  of  said  persons  who  shall  refuse  or  neglect  to 
obey  his  orders,  given  in  the  execution  of  his  said  powers,  shall  pay 
and  forfeit  to  this  State  the  same  fine  that  in  the  like  case  a  person 
who  should  refuse  or  neglect  to  obey  the  orders  of  any  harbor  master 
within  the  said  city,  w^ould,  by  virtue  of  the  ordinances  of  the  city  of 
Baltimore,  pay  and  forieit  to  the  said  city.  He  shall  also  be  vested 
with  the  same  powers  in  regard  to  the  collection  of  wharfages,  and  of 
fines  and  penalties,  as  any  harbor  master  within  the  city. — lb65,  ch.  13. 
23 


336  STATE    WnAEFIXGKRS. 

To  Deposit  Receipts  Monthly,   de. 

Sec.  6.  He  sliall  deposit  montlily,  in  such  banks  as  the  Treasurer 
shall  designate,  to  the  credit  of  tl.'c  Treasurer,  four-fii'th  parts  of  the 
amount  of  all  moneys  which  he  shall  collect  from  time  to  time  for 
whariiige,  retaining  one-fifth  as  a  compensation  for  collecting  the 
same. 

When  he  shall  Render  Account. 

Sec.  7.  He  shall,  on  the  first  day  of  May  and  November  in  each 
year,  render,  upon  oath,  to  the  Treasurer,  an  account  of  all  moneys 
collected  by  him  for  wharfage  during  the  jjreceding  half  year. 

To  Presei-ve    Wharves  from   Injwy. 
Sec.  8.  He  shall  take  care  of  and  preserve  from  injury,  all  wharves 
placed  under  his  direction  belonging  to,  or  rented  by,  or  for  the  State, 
and  shall  have  all  necessary  control  of  the  same  for  that  purpose. 

How     Wharfage  may  ie    Collected. 

Sec.  9.  He  may  collect  all  wharfage  accruing  to  the  State  in  the 
name  of  the  State  of  Maryland  before  any  justice  of  the  i^eace  of  said 
city. 

Rates  of   Tonnage  Duty. 

Sec.  10.  He  shall  demand  and  collect  for  wharfage  on  all  vessels 
lying  at  or  opposite  to  any  of  the  ])ublic  wharves  in  said  city,  a  ton- 
nage duty  of  one  cent  per  ton  burthen  for  the  first  tier,  two-thirds  of 
a  cent  per  ton  tor  the  second  tier,  and  half  a  cent  per  ton  for  all  vessels 
beyond  the  second  tier,  to  each  day  or  part  of  a  day  they  shall  so  lie 
or  remain;  and  if  any  vessel  laden  with  wood  shall  so  lie  without 
landing  any  part  of  her  cargo,  no  duty  other  than  the  tonnage  duty 
above  specified  shall  in  that  case  be  demanded  by  the  State  Wharf- 
inger. 

Wood  Insj)ector  to  Report  to  State   Wharfinger. 

Sec.  11.  Whenever  wood  shall  be  landed  on  the  wharves  belonging  to 
the  State,  the  wood  inspector  measuiing  the  same,  shall  forthwith  re- 
port to  the  State  Wharfinger,  the  number  of  cords  so  landed,  with  the 
name  of  the  vessel  from  which  the  same  was  landed.  Whenever  lum- 
ber shall  be  landed  on  said  wharves,  the  inspector  of  lumber  shall  re- 
port to  the  State  Wharfinger  the  quantity  thereof  and  he  shall  exact 
and  collect  for  wharfage  thereon,  ten  cents  for  every  thousand  feet  su- 
perficial. 

Salary  $2o0. 

Sec.  12.  He  shall,  in  addition  to  the  compensation  allowed  him  by 
the  si.xth  section  of  this  article,  be  allowed  an  annual  salary  of  two 
hundred  and  fifty  dollars. 

Pratt  Street  Wharf  a  PuUic  Wharf. 
Sec.  13.  The  wharf  forming  the  south  side  of  Pratt  street  shall  be 
deemed  a  public  wharf,  subject  to  the  regulations  of  the  corpoiation 
of  Baltimore  relative  to  public  wharves,  and  shall  be  under  the  charge 
of  the  State  Wharfinger,  and  subject  to  the  same  regulations  as  other 
State  wharves  in  said  city. 

What  State   Wharfinger  may  Rent. 
Sec.  14.  The  State  Wharfinger  may  rent  any  part  of  the  wharf  front- 
ing the  iBOuth  end  of  the  State  Tobacco  Warehouse,  lying  between 


WEIGnMASTER   OF  LIVE   STOCK.  387 

Dugan's  and  O'Dormell's  wharves  ;  provided,  the  said  renting  will  not. 
in  his  o])inion,  interfere  with  and  delay  the  landing  of  tobacco  at  said 
warehouse,  and  that  no  contract  for  said  renting  shall  be  for  a  longer 
time  than  one  year,  and  shall  be  ajjproved  bj'  the  Governor. 
'Wharfofje  Not  Chargeable  on  Certain  Vessels. 
Sec.  15.  No  vessel  shall  be  charged  any  wharfage  whilst  Innding 
any  tobacco  at  the  State  Tobacco  Warehouse  mentioned  in  the  i>rc- 
ceding  section  for  insjiection  ;  provided,  that  if  any  thing  other  than 
tobacco  is  landed,  or  any  cargo  is  taken  on  board,  whartage  shall  b^ 
charged  ;  and  no  vessel  shall  lie  at  said  wharf  for  a  longer  time  than 
the  tobacco  inspectors  shall  deem  reasonable. 

Boats  tcith   Tdbacw  to  hare  Preference. 

Sec.  10.  The  boats  having  on  board  tobacco  for  the  inspection 
houses  aforesaid,  shall  have  a  preference  given  to  them  over  all  other 
boats. 

Where   Wood  and  Lumher  are  Not  to  ie  Landed. 

Sec.  17.  No  person  shall  land  any  wood  or  lumber  on  Pratt  street 
wharf,  between  Light  street  and  Franklin  lane,  and  the  Mayor  of  the 
city  of  Baltimore  shall  enforce  the  provisions  of  this  section. 

Under  Penalty  of  |20. 

Sec.  18.  If  any  person  shall  violate  the  provisions  of  the  last  pre- 
ceding section,  he  shall  be  subject  to  a  fine  of  twenty  dollars,  one-hali 
to  the  informer,  and  the  other  half  to  the  State. 

Recovered  "before  a  JiiMice  of  the  Peace. 

Sec.  19.  The  said  fine  may  be  sued  for  and  recovered  in  the  name 
of  the  State,  before  any  justice  of  the  peace  lor  said  city,  in  the  same 
manner  as  small  debts. 

Justice  of  the  Peace  to  make  Return  to  Treasurer. 

Sec.  20.  It  shall  be  the  duty  of  every  justice  of  the  peace  for  said 
city,  to  make  an  annual  return  to  the  Treasurer,  of  all  tines  imposed 
under  the  provisions  of  the  aforegoing  section,  and  to  receive  and  pay 
over  the  same  at  the  time  of  making  said  return. 


TH^    WEIGHMASTER    OF    LIVE    STOCK. 

The  Weighmaster  of  Live  Stock  in  Baltimore  city,  is  appointed  by 
the  Governor,  under  Article  4,  Sections  458  to  477  of  the  Public  Local 
Laws  of  Baltimore  city,  which  prescribes  his  duties  : 

Oovernor  to  Appoint   Weighmaster. 

Art.  4,  Sec.  458.  The  Governor,  by  and  with  the  advice  and  con- 
sent of  the  Senate,  shall  biennially  appoint  a  suitable  and  proper  per- 
son to  be  Weighmaster  of  Live  Stock  in  the  city  of  Baltimore. 

Bond  $5000. 

Sec.  459.  Tlie  person  so  appointed  shall  execute  a  bond  to  the 
State  of  Maryland,  with  two  securities,  to  be  approved  by  the  ]\Iayor 
or  City  Council  of  Baltimore,  in  the  penal  sum  of  five  thousand  dol- 
lars, conditioned  for  the  full  peformance  of  all  acts  and  things  required 


o38  WEIGHMASTER   OF   LIVE   STOCK. 

of  him  as  Weif^hmaster,  and  to  pay  all  damages  that  may  be  sustained 
by  reason  of  willful  omission,  refusal  or  neglect  to  discharge  the  said 
duties  ;  which  bond  shall  be  filed  among  the  records  of  the  Superior 
Court  of  Baltimore  city,  and  may  be  sued  by  any  person  injured  or 
damaged  by  such  willful  omission,  neglect  or  refusal. 

What  Stock  to  lie  Weighed. 
Sec.  460.  All  beef  cattle  and  hogs  brought  for  slaughter  within  the 
corporaie  limits  of  the  city  of  Baltimore,  or  within  five  miles  of  said 
limits,  which  have  not  been  raised  or  grazed  one  year  within  said 
limits,  or  within  five  miles  of  the  same,  shall  be  weighed  by  said 
Weighmaster  before  they  shall  be  sold  or  slaughtered. 

Weighmaster  to   Weigh  all  Stock  "presented  and  give  Certijicate 

of  Weight. 

Sec.  461.  The  said  "Weighmaster  shall,  upon  any  day  in  the  week, 
except  Sunday,  weigh  ail  live  stock  that  may  be  offered  at  the  live 
stock  scales  for  that  purpose,  whether  required  by  the  last  preceding 
section  to  be  weighed  or  not,  and  shall  give  a  certificate  under  his 
hand,  setting  forth  the  actual  gross  weight  of  any  number  of  cattle  or 
hogs,  or  other  live  stock  so  weighed  by  him,  to  their  owner  or  his 
agent,  making  such  allowance  in  the  nature  of  tare  on  account  of  any 
<lirt.  mud,  filth,  or  other  matter  adhering  to  the  same,  as  he  may  think 
just  and  proper. 

Charges  for  Weighing. 

Sec.  462.  He  shall  charge  and  collect  for  the  use  of  the  State,  for 
the  first  time  of  weighing  any  live  stock,  except  sheep,  required  by 
this  article  to  be  weighed,  two  cents  for  every  hundred  weight,  and 
one  cent  per  head  for  every  sheep ;  for  every  second  and  subsequent 
weighing,  for  cattle  and  hogs,  two  cents  for  every  thousand  weight, 
and  sheep,  one  cent  for  every  thousand  weight ;  and  all  live  stock  not 
required  to  be  weighed,  the  sum  of  six  cents  for  every  thousand 
weight. 

To  Keep  Record  of  all  Weights  and  Accounts  of  Receipts,  cf-c. 
Sec.  463.  He  shall  keep  a  full  record  of  all  weights  as  contained 
and  determined  by  him,  of  what  and  for  whom  the  same  may  be  so 
ascertained  and  determined,  and  of  all  moneys  by  him  received  as 
Weighmaster,  and  of  all  expenditures  and  disbursements,  in  books  to 
be  provided  by  him  for  that  purpose,  which  books  shall  belong  to  the 
State,  and  shall  at  all  times,  be  subject  to  the  inspection  and  order  of 
the  Comptroller. 

To  Render  Quarterly  Account  to  Comptroller. 

Sec.  464.  He  shall,  within  the  first  five  days  of  every  quarter,  upon 
his  oath,  taken  before  a  justice  of  the  peace  of  said  city,  make  a  full 
.statement  of  all  receipts  for  weighing,  and  from  whom  received,  and 
of  ail  disbursements  by  him  made  to  the  Comptroller,  and  shall  joay 
over  to  said  Comjjtroller  all  balances  that  may  be  in  his  hands. — 
1864,  ch.  328. 

To  Number  Pens  and  Mark  Number  of  Catth. 

Sec.  465.  He  shall  number  the  pens  or  yards  under  his  care  used 
for  receiving  live  stock,  and  shall  mark  in  conspicuous  places  on  the 
fences  or  gates  thereof,  in  legible  figures,  the  number  of  cattle,  hogs  or 
sheep,  the  said  pens  or  yards  will  respectively  contain. 


WEIGHMASTER   OP   LIVE   STOCK.  839 

To  Put  Cattle  in  Pens  without  Separating  Drotes. 

Sec.  466.  He  shall,  when  receiving  any  live  stock  for  weighing  or 
exposure  for  sale,  put  the  same  into  pens  or  yards,  the  nearest  in  capa- 
city to  contain  the  respective  droves  of  the  different  owners  thereof, 
and  shall  in  no  case  divide  and  put  portions  of  the  same  drove  into 
different  pens  or  yards,  unless  such  division  be  actually  necessary  for 
the  accommodation  of  the  same,  or  to  effect  a  division  of  such  droves 
among  the  different  owners  thereof 


^o 


To  Make  Alterations  in  Pens,   Yards,  &c. 

Sec.  467.  He  may,  from  time  to  time,  as  experience  may  suggest, 
and  as  the  public  accommodation  and  convenience  may  seem  to  re- 
quire, make  changes  and  alterations  in  the  arrangement  of  the  pens, 
yards,  alleys  and  a]ipurtenances  thereof,  and  may,  if  he  shall  deem  it 
necessary  for  the  public  accommodation,  erect  additional  cattle  scales; 
and  may  make  such  reasonable  rules  and  regulations  to  be  observed 
by  the  owners  or  other  persons  presenting  live  stock  to  be  weighed, 
in  the  use  of  said  pens,  yards,  alleys,  scales  or  apj^urtenances,  as  to  him 
may  seem  expedient;  provided,  nevertheless,  that  no  rules  or  regula- 
tions shall  be  made  or  be  valid,  which  shall  give  any  preference  or 
priority  to  any  owner  or  other  person  in  the  use  of  said  pens,  yards, 
alleys,  scales  or  appurtenances,  or  in  the  order  of  weigliing  the  stock, 
over  any  other  owner  or  person  whose  stock  shall  previously  have  been 
brought  in  to  be  weighed,  and  shall  have  been  duly  reported  as  ready 
to  be  weighed  ;  provided,  however,  that  the  designation  of  the  pen  or 
yard  into  which  stock  shall  be  put,  shall  not  be  considered  as  giving 
any  preference  or  priority  ;  and  provided,  also,  that  the  live  stock  of 
any  kind,  actually  belonging  to  the  government  of  the  United  States, 
or  brought  in  to  be  weighed  for  delivery  to  the  said  government, 
under  any  then  subsisting  contract,  shall  always  be  entitled  to  be 
weighed  in  preference  and  priority  to  all  other  stock  belonging  to 
private  parties,  or  which  are  presented  to  be  weighed  for  delivery 
under  private  contract. — 1864,  ch.  328. 

May  Impound  for   Weighing  Fees. 

Sec.  468.  He  may,  upon  failure  of  any  agent  or  owner  of  live  stock 
to  pay  for  weighing  the  same,  impound  any  number  of  such  live  stock 
he  may  deem  necessary  to  pay  or  cause  such  fees  to  be  paid  ;  provided, 
no  injury  be  done  to  said  stock  by  confining  them  as  aforesaid,  and 
that  they  be  delivered  to  the  owner  or  his  agent  upon  payment  oi 
all  just  and  jjroper  charges. 

May   Appoint  Additional   Clerh,   &c. —  Their  Salaries. 

Sec.  469.  Whenever,  in  his  judgment,  it  may  be  necessary  for  the 
public  accommodation  to  employ  any  clerk  or  Assistant  Weighmaster, 
in  arldition  to  the  clerk  and  Assistant  Weighmaster  whom  he  is  now 
authorized  to  apjioint,  he  may,  with  the  approbation  of  the  Comj)- 
troller,  appoint  an  additional  clerk  or  additional  Weighmaster,  or 
both,  iDermanently  or  temporarily,  whose  compensation  shall  be  fixed 
by  the  said  Weighmaster,  subject  to  the  approval  of  the  Comptroller 
of  tl;e  State;  and  the  annual  salary  of  the  clerk,  whom  the  said 
Weighmaster  is  authorized  to  appoint,  shall  be  at  the  rate  of  one 
thousand  dollars  per  annum,  and  the  salary  of  the  Assistant  Weigh- 


340  WEIGHMASTER    OF    LIVE    STOCK. 

master,  whom  tLesaid  Weighmastcr  is  autliorized  to  appoint,  shall  be 
at  the  rate  of  seven  hundred  and  fifty  dollars  per  annum. — 18G4,  ch. 
328. 

Salary  of  Weighmaster,  &c. 

Sec.  470.  He  shall  receive  an  annual  salary  of  two  thousand  dol- 
lars per  annum  ;  and  all  the  salaries  shall  be  payable  monthly  out  of 
any  moneys  received  by  the  Weighmaster  for  the  use  of  the  State. 

Ibid. 
Penalty  for  Delaying  to  Weigh, 

Sec.  471.  If  any  Weighmaster  shall  omit  or  delay  to  weigh,  or 
cause  to  be  weighed,  any  live  stock,  for  a  time  exceeding  twenty-four 
hours  after  he  shall  have  been  requested  to  weigh  the  same,  he  shall 
forfeit  and  jDay  to  the  owner  of  such  live  stock,  or  his  agent,  the  sum 
of  ten  cents  an  hour  upon  each  and  every  head  thereof  for  so  many 
hours  as  he  shall  omit  or  delay  to  weigh  the  same  over  and  above  the 
term  of  twenty-four  hours,  Sundays  excepted,  to  be  recovered  in  an 
action  of  debt  before  a  justice  of  the  peace,  with  costs. 

Penalty  for  Selling  without  heing   Weighed. 

Sec.  472.  If  any  grazier,  drover,  or  other  person  shall  sell  or  barter 
any  beef  cattle  or  hogs  brought  for  slaughter  within  the  corporate 
limits  of  the  city  of  Baltimore,  or  within  five  miles  of  said  limits, 
which  have  not  been  raised  or  grazed  one  year  within  said  limits,  or 
within  five  miles  of  the  same,  and  which  have  not  been  weighed  by- 
said  Weighmaster,  upon  proof  and  conviction  thereof  belbre  any 
judge  or  justice  of  the  peace,  he  shall  forfeit  and  pay  a  sum  of  not 
less  than  one  nor  more  than  ten  dollars  for  each  and  every  head  of 
cattle  or  hogs  so  sold  or  bartered,  at  the  discretion  of  the  judge  or 
justice,  and  to  be  recovered  by  action  in  the  name  of  the  State  before 
a  justice  of  the  peace  or  court  having  jurisdiction  thereof,  one-half  to 
the  informer,  and  the  other  half  to  the  clerk  of  said  court  for  the  use 
of  the  State. 

Penalty  for  Buying  without  being  Weighed. 

Sec.  473.  If  any  butcher  or  other  person  shall  purchase  any  beef 
cattle  or  hogs,  brought  for  sale  within  the  corporate  limits  of  said 
city,  or  witliiu  five  miles  thereof  which  have  not  been  weighed  by 
said  Weighmaster,  he  shall  be  subject  to  the  penalties  and  forfeitures 
imposed  by  the  last  preceding  section. 

Police  Commissioners  have  Authority  over  Premises. 

Sec.  474.  The  police  commissioners  of  Baltimore  city  shall  have 
and  exercise  the  like  powers  and  authority  over  and  within  the 
premises  composing  State  cattle  scales,  the  pens,  yards,  alleys,  scales 
and  ai)])urtenances,  as  if  the  said  premises  were  really  situate  within 
the  boundaries  of  Baltimore  city.— 18G4,  ch.  328. 

Grounds  may  be  Enlarged. 
Sec.  475.  The  Weighmaster  of  live  stock  may  enlarge  the  grounds 
now  provided  for  the  weighing  live  stock,  and  may,  for  that  pur])ose, 
purchase  in  the  name  and  on  behalf  of  the  State,  such  additional  ex- 
tent of  grounds  as  the  public  wants  may,  in  his  judgment,  require; 
and  may,  if  he  deems  it  expedient,  sell  or  exchange  lor  the  beiiolit  of 
the  State,  such  portions  of  the  ground  now  belonging  to  the  State,  and 


INSPECTORS   OF   STEAM   BOILERS.  841 

purchase  for  said  purpose;  provided, tha,t  no  such  sale  or  purchase  shall 
be  valid  or  ctlectual,  unless  and  until  tlie  same  shall  have  been  ap- 
proved by  the  Governor  and  Comptroller,  nor  shall  the  purchase 
money,  in  case  of  such  purchase,  or  any  part  thereof,  be  paid  until 
the  Governor  and  Comptroller  shall  be  satisfied  as  to  the  sutliciency 
of  the  title  or  titles  of  the  vendor  or  vendors,  and  shall  siirn  a  certi- 
ficate to  that  eflVct,  to  be  filed  in  the  office  of  the  Comptroller;  and 
in  case  of  any  such  purchase,  the  purchase  money  therefor,  shall  be 
paid  out  of  any  money  in  the  treasury  not  otherwise  appro2)riated, 
upon  the  execution  and  delivery  of  a  conveyance  therelbr;  and  in 
case  of  such  sale  the  purchase  money  therefor  shall  be  paid  to  the 
Comptroller;  and  upon  such  ])aymeiit  the  Comptroller,  on  behalf  of 
the  i^t.ite  shall,  in  the  name  of  the  State,  execute  and  deliver  a  deed 
therefor  to  the  purchaser  or  purchasers  thereof — 1864,  ch.  328. 

Proceedings  in  Cases  of  Tort,  Trespass,  &c. 

Sec.  476.  In  case  any  tort,  trespass,  or  other  ■wrong  shall  be  done 
by  any  person  or  persons  whatever,  to  any  of  the  property  belonging 
to  the  State,  and  composing  parcel  of  or  appertaining  to  said  State 
cattle  scales,  it  shall  be  the  duty  of  the  Weighmaster  to  sue  for  the 
same  in  the  name  of  the  State,  as  plaintifl",  in  the  Sui)erior  Court  of 
Baltimore  city,  in  the  Court  of  Common  Pleas  or  Baltimore  City 
Court,  or  beinre  any  justice  of  the  peace  of  Baltimore,  as  the  case  may 
be;  and  no  plea  shall  be  received  on  behalf  of  any  defendant  to  the 
jurisdiction  of  said  court,  either  on  the  ground  that  the  locality  of 
the  tort,  trespass,  or  otlier  wrong  was  in  Baltimore  county,  or  tliat 
the  residence  of  said  defendant  was  in  some  part  of  the  State,  other 
than  Baltimore  city. — Ihid. 

Jurisdiction  of  Criminal  Court  Extended  over   Premises. 

Sec.  477.  All  assaults,  riots,  or  other  criminal  acts  which  may  be 
done  or  committed  on  the  premises  aforesaid,  shall  be  cognizable  by 
the  Criminal  Court  of  Baltimore,  in  the  same  manner  as  if  the  same 
had  been  done  or  committed  within  the  limits  of  said  city. — Ibid. 


INSPECTORS  OF  STEAM  BOILERS. 

The  Inspectors  of  Steam  Boilers  for  Baltimore,  are  appointed  by  the 
Governor,  under  the  Act  of  1872,  Chapter  153,  which  prescribes  their 
duties : 

Governor  to  Appoint  Two  Inspectors  of  Steam  Boilers — Oath — 

Bond,  $5000. 
Sec.  1.  The  Governor  shall,  within  thirty  days  from  the  passage  of 
this  Act,  and  biennially  thereafter,  appoint  two  suitable  persons,  who 
are  well  skilled  in  the  construction  and  use  of  steam  engines  and  boil- 
ers, and  in  the  application  of  steam  thereto,  whose  duty  it  shall  be  to 
inspect  steam  boilers  in  the  city  of  Baltimore,  as  hereinafter  specified 
and  directed  ;  said  Inspectors,  before  entering  on  their  duties,  shall 
make  oath,  before  a  justice  of  the  peace,  that  they  will  faithfully  per- 
form the  duties  of  their  office  without  fear,  partiality  or  favor;  that 
they  axe  not,  and  will  not  during  their  term  of  office,  be  connected 


342  INSPECTORS   OP   STEAM   BOILERS. 

with  or  interested  in  the  manufacture  of  steam  boilers,  engines  or 
machinery  applicable  thereto,  and  that  they  will  not,  during  their 
term  of  office,  accept  any  money,  gift,  gratuity  or  consideration  from 
any  ])ersou  or  persons,  and  shall  give  bond,  to  be  approved  by  the 
Comptroller  of  the  State,  in  the  sum  of  five  thousand  dollars  each  lor 
the  faithful  discharge  of  their  duties. 

Baltimore  City  Divided  into  Two  Districts,  &c. 
Sec.  2.  The  city  of  Baltimore  be,  and  is  hereby  divided  into  two 
districts,  which  shall  be  known  as  the  first  and  second  steam  boiler 
inspection  districts;  the  first  district  shall  embrace  what  is  now  known 
as  the  eastern  and  southern  police  districts ;  the  second  shall  embrace 
what  is  now  known  as  the  middle  and  western  police  districts  of  said 
city,  and  the  Governor  iu  ajjjjointing  the  Inspectors,  shall  assign  each 
to  his  respective  district. 

Insi^ectors  to  Tiave  an  Office,  &c. 

Sec.  3.  The  Inspectors,  before  entering  on  the  discharge  of  their 
duties,  shall  provide  themselves  with  an  office  in  a  central  i^art  of  said 
city,  also  with  the  necessary  apparatus  and  appliances  for  the  testing 
©f  steam  boilers,  and  they  shall  give  notice  for  three  successive  days, 
through  the  two  chiily  papers  having  the  largest  circulation  in  said 
eity,  of  the  time  and  manner  in  which  they  shall  receive  the  reports 
•f  the  locations  of  steam  boilers. 

Owner,  &c.  of  Steam  Boiler  to  Report  to  Dtsjyedor. 

Sec.  4.  Every  owner  or  renter  using  a  steam  boiler  or  boilers  in  said 
«ity  shall,  within  ten  days  after  the  puijlication  of  the  aforesaid  notice, 
report  to  the  Inspector  of  the  district,  the  location  of  such  boiler  or 
boilers,  under  a  pemilty  of  fifty  dollars  for  each  day  a  boiler  is  used 
and  neglected  to  be  reported. 

Inspector  to  Give  Six  Days''  Notice. 
Sec.  5.  The  Inspector  of  each  district,  shall  give  six  days'  notice,  in 
writing,  to  each  owner  or  renter  of  a  steam  boiler  or  boilers,  or  the 
engineer  or  person  in  charge,  of  the  time  when  he  will  inspect  such 
boiler  or  boilers,  and  such  owner  or  renter  shall  have  such  boiler  or 
boilers  ready  for  inspection,  in  compliance  with  the  requirements  of 
said  notice,  and  shall  furnish  such  assistance  as  the  Inspector  may  re- 
quire, under  a  penalty  of  fifty  dollars  for  such  failure  or  neglect,  and 
a  further  penalty  of  fifty  dollars  for  each  day  any  such  boiler  is  used 
without  a  certificate  of  inspection. 

To  Inspect  Boilers  Once  a  Year — TJteir  Requirements. 

Sec.  6.  It  shall  be  the  duty  of  each  Inspector,  as  soon  as  practica- 
ble, after  the  passage  of  this  Act,  and  once  at  least  in  every  year  there- 
after, to  inspect  all  stationary  steam  boilers  of  three  horse  power  and 
opwards,  used  within  the  limits  of  his  district,  subjecting  them  to  a 
hydnjstatic  test  of  at  least  twenty-five  per  cent,  in  excess  of  the  steam 
pressure  allowed,  and  satisfy  himself  by  a  thorough  external  and  inter- 
nal examination  (if  jxjs.siblu)  with  a  liainnier,  that  the  boilers  are  free 
from  danger  from  corrosion,  or  other  defi-cts,  are  well  made  of  good 
material,  the  openings  for  the  jjassage  of  water  and  steam  respectively, 
and  all  pipes  and  tubes  exposed  to  heat  are  of  proper  dimensi(.ns,  and 
free  from  obstruction;  that  the  flues  and  tubes,  if  any,  are  circular  in 


INSPECTOnS   OP  STEAM   BOILERS.  343 

form,  the  furnaces  in  proper  shape,  and  the  fire  line  of  the  furnace  is 
at  least  two  inches  below  the  minimum  water  line  of  the  boilers,  and 
sli.ill  also  satisfy  himself  that  the  salety-valves  are  of  suitable  dimen- 
siuns,  sufilcient  jn  number  and  well  arranged,  and  that  tlie  wcif^hts 
are  pro]:»erly  adjusted,  so  as  to  allow  no  greater  pressure  in  the  boiler 
or  boilers  tlian  the  nmount  prescribed  in  the  certificate  of  inspection ; 
that  there  is  a  sufficient  number  of  gauge-cocks,  a  steam  yauge,  a 
coupling  cock  in  suitable  position  for  attaching  the  hydrostatic  test, 
that  means  for  blowing  out  are  provided,  so  as  to  thoroughly  remove 
the  mud  and  sediment  from  all  parts  of  the  boilers  when  they  are 
under  the  jjressure  of  steam,  and  that  fusible  metals  are  properly  in- 
serted, so  as  to  fuse  by  the  heat  of  the  furnaces,  when  the  water  in  the 
boilers  shall  fall  below  the  prescribed  limits,  and  that  adequate  and 
certain  provision  is  made  for  an  ample  supply  of  water  at  all  times ; 
when  the  inspection  is  com))leted,  and  tiie  Inspector  a])proves  the 
boiler,  he  shall  make  and  subscribe  a  certificate  of  inspection,  stating 
the  condition  of  the  boiler,  the  numlter  of  years  or  months  it  has  been 
in  use,  and  the  pressure  of  steam  allowed  ;  and  no  greater  pressure 
than  that  allowed  by  the  certificate  shall  be  applied  to  such  boiler; 
in  limiting  pressure,  whenever  the  boiler  under  test  will,  with  safety, 
bear  the  same,  the  limit  desired  by  the  owner,  shall  be  the  one  certi- 
fied, and  such  certificate  of  inspection  shall  be  framed  under  glass  and 
kept  in  some  conspicuous  place  on  the  premises,  where  said  boiler  or 
boilers  referred  to  are  used  ;  and  if  the  Inspector  shall  deliver  or  cause 
to  be  delivered  to  the  owner  or  renter  of  any  boiler  or  boilers,  a  certi- 
ficate of  inspection,  without  having  first  subjected  the  said  boiler  to 
the  tests  as  herein  provided,  he  shall  forfeit  his  bond,  and  upon  con- 
viction, shall  be  removed  from  ofRce  by  the  Governor. 

Impecto)'  to  Examine  Boilers  Once  in  Three  Months. 
Sec.  7.  In  addition  to  the  annual  inspecti(m,  it  shall  be  the  duty  of 
the  Inspector  to  examine  all  boilers  within  the  limits  of  their  respec- 
tive districts,  once  at  least  in  every  three  months,  and  if  deemed  neces- 
sary, apply  the  hydrostatic  test;  and  if  on  such  examination,  the  In- 
spectcu"  shall  find  evidence  of  deterioration  in  strength,  he  shall  revoke 
the  certificate  and  issue  another,  assigning  a  lower  rate  of  pressure,  and 
if  the  defect  be  of  such  character  as  to  make  the  boiler  dangerous,  the 
Insi)ector  shall  notify  the  owner  or  renter,  in  writing,  stating  in  the 
notice  what  is  required,  and  order  the  use  of  the  boiler  discontinued 
until  the  necepsary  repairs  are  made  ;  and  if  he  considers  it  beyond 
repair,  he  shall  condemn  it;  and  if  the  owner  or  renter  shall  refuse  or 
neglect  to  comply  with  the  recjuirements  of  the  Inspjector,  and  shall, 
contrary  thereto,  and  while  the  same  remains  unreversed,  use  the 
boiler,  he  or  they  shall  be  liable  to  a  penalty  of  not  less  than  one  hun- 
dred dollars  for  each  day  such  boiler  is  used,  and,  in  addition  thereto, 
shall  be  liable  for  any  damage  to  persons  or  property  which  shall  oc- 
cur from  any  delects,  as  stated  in  the  notice  of  tlie  Inspector. 

Oicner,  &c.  Aggrieved  may  Demand  Re-Examination. 

Sec.  8.  Any  owner  or  renter  of  a  boiler  or  boilers,  who  shall  con- 
side  r  himself  aggrieved  by  the  action  of  the  Inspector  under  the  pro- 
visinns  of  section  seven  of  this  Act,  may,  within  ten  days  after  such 
inspection,  notify  the  Inspector  of  the  fiict,  and  demand  a  re-exiunina- 
tion  of  the  said  boiler  or  boilers,  the  owner  or  renter  shall  select  a  prac- 


344  INSPECTORS    OF    STEAM    BOILERS. 

tical  enp-ineer,  who,  with  the  Inspector,  shall  select  a  third  person, 
skilled  in  the  nianiilacture  and  use  of  steam  boilers,  which  said  two 
persons,  after  taking  an  oath  as  reviewers,  shall,  together  with  the 
Inspector,  careiully  examine  the  said  boiler  or  boilers,  and  the  deci- 
sion of  any  two  of  these  shall  be  iinal ;  should  the  decision  of  the  In- 
spector be  sustained,  the  said  owner  or  renter  shall  ])ay  the  expense  of 
such  review,  but  if  it  be  reversed,  the  Inspector  shall  restore  the  cer- 
tificate, and  the  expense  of  the  review  shall  be  paid  by  the  State ; 
such  reviewers  shall  receive  five  clollars  for  each  day  or  part  of  a  day 
they  are  engaged  in  making  such  review. 

Persons  Using  Boilers  Not  Inspected  Fined  $50  per  Day,  &e. 

Sec.  9.  Any  j^erson  erecting  or  using  a  steam  boiler  or  boilers 
without  having  the  same  inspected  by  the  inspector  of  the  district  in 
which  the  said  boiler  or  boilers  is  or  are  located,  shall  pay  a  fine  of 
one  hundred  dollars,  and  fifty  dollars  for  each  day  any  such  boiler  is 
used,  without  being  inspected  ;  and  any  person  who  shall  alter  or 
change  a  steam  gauge  or  weight  on  a  safety  valve  for  the  purj)ose  of 
carrying  a  greater  pressure  of  steam  on  a  boiler  than  that  allowed  by 
the  certificate  of  inspection,  shall  be  liable  to  a  fine  of  five  hundred 
dollars;  and  any  owner  or  renter  of  a  steam  boiler  or  boilers  who 
shall  neglect  or  refuse  to  place  his  certificate  of  inspection  on  the 
premises  as  prescribed  in  section  six  of  this  Act,  shall  pay  a  fine  of 
five  dollars  for  each  day's  refusal  or  neglect. 

To  Examine  Engineers  and  Assistants. 

Sec.  10.  The  Inspectors  shall  have  power  to  examine  the  engineers 
and  assistants  in  charge  of  boilers,  and  if  any  engineer  or  assistant  is 
found  incompetent  or  addicted  to  intemperance,  the  Inspector  shall 
notify  the  owner  or  renter  and  withdraw  the  certificate  of  inspection, 
until  such  engineer  or  assistant  is  displaced. 

Comjjensation  for  Inspection. 

Sec.  11.  Before  issuing  any  certificate  of  inspection  the  Insijectors 
shall  demand  and  receive  from  the  owner  or  renter  of  the  boiler  or 
boilers  as  a  compensation  for  the  inspection,  and  the  examinations  to 
be  made  during  the  year  as  hereinbefore  provided,  the  following 
sums:  fi»r  every  boiler  of  ten  horse-power  or  less,  five  dollars,  when 
the  boiler  is  above  ten  horse-])ower,  five  dollars  for  the  first  ten,  and 
twenty-five  cents  additional  lor  each  horse-power  in  excess  of  that 
number. 

To  Keep  a  Recoi'd  of  Boilers. 

Sec.  12.  It  shall  be  the  duty  of  each  Inspector  to  keep  a  correct 
record  of  the  locations  of  all  boilers  in  his  district,  when  each  boiler 
was  insjiected,  the  condition  of  the  same  at  the  time  of  inspection, 
the  instructions  given  to  the  engineers  in  charge,  the  certificates 
issued,  and  the  amount  of  steam  jiressure  allowed,  in  each  certificate, 
and  the  boilers  condemned  or  ordered  to  be  rej^aired;  also  a  correct 
account  of  all  money  received  or  ])!iid  out,  and  shall  report  the  same 
annually  to  the  Comptroller  of  the  State. 

Salar^J  $1500  if  Collected. 
Sec.  13.  The   Inspectors   shall  receive  an  annual  salary   of  fifteen 
hundred  dollars  each,  and  all  money  collected  in  excess  of  that  and 
the  actual  expenses  of  the  ofllce  shall  be  paid  over  to  the  Treasurer 
of  the  State. 


WEIGHEKS   OF   HAY  AND   STRAW.  845 

Xot  to  Conjlict  with  a  City  Ordinance. 
Sec.  14.  Nothing  in  tliis  Act  shall  conflict  with  the  ordinance  of 
the  Mayor  and  City  Council  of  Baltimore,  which  requires  their  per- 
mission for  the  erection  of  steam  boilers  in  that  city. 

Boilers  Insured  Exempted  from  Inspection. 
Sec.  15.  Any  owner  or  renter  of  a  steam  boiler  or  Ijoilers,  who  has 
the  same  insured  in  a  steam  boiler  insurance  company,  doing  busi- 
ness in  compliance  with  the  laws  of  this  State,  and  having  an  estab- 
lished system  of  inspection,  shall,  by  presenting  annually  to  the  In- 
spector of  the  district  in  which  said  steam  boilers  are  located,  the 
said  steam  boiler  insurance  company's  certilicate  of  inspection,  be 
exempted  from  the  requirements  of  this  Act. 

To  Forfeit  Bond  for  Neglect  of  Duties. 
Sec.  16.  If  either  Inspector  neglect  to  discharge  his  duties  as  pre- 
scribed in  this  Act.  he  shall  forleit  his  bond,  and  shall  be  removed 
from  office  by  the  Governor. 

Governor  to  Fill   Vacancies. 

Sec.  17.  The  Governor  shall  fill  all  vacancies  that  may  occur  as 
soon  as  possible. 

Fines  and  Penalties — How   Recoterahle. 

Sec.  18.  All  fines  and  penalties  herein  imposed,  shall  be  recoverable 
by  indictment  before  the  Criminal  Court  of  Baltimore  city,  or  before 
any  justice  of  the  peace  of  said  city,  in  the  name  of  the  Inspector,  for 
the  benefit  of  the  State. 


THE  WEIGHERS  OP  HAY  AND  STRAW. 

Three  Inspectors  or  "Weighers  of  Hay  and  Straw,  at  the  State  Hay 
Scales,  in  Baltimore  city,  are  api^ointed  by  the  Governor,  under 
Article  4.  Sections  410  to  423.  of  the  Public  Local  Law  of  Baltimore 
city,  which  prescribe  their  duties  : 

Governor  to  Appoint  Two  Inspectors. 

Art.  4,  Sec.  410.  The  Governor,  by  and  with  the  advice  and  con- 
sent of  the  Senate,  shall,  biennially,  appoint  two  Inspectors  of  hay 
and  straw  for  the  city  of  Baltimore. 

Inspectors  to  Give  Bond  in  $2000. 

Sec.  411.  Each  of  said  Inspectors  shall  give  bond  to  the  State  of 
Maryland,  in  the  sum  ot  two  thousand  dollars,  for  the  true  and  tiiith- 
ful  i)erformance  of  the  duties  of  his  office. 

To  he   Weighed  at  State  Scales. 

Sec.  412.  All  hay  and  straw  brought  to  the  city  of  Baltimore,  shall 
be  weighed  at  the  State  hay  scales,  as  provided  in  this  article,  and  by 
one  of  the  Inspectors,  at  the  rate  of  one  hundred  pounds  to  the  hun- 
dred weight,  making  a  reasonable  allowance  ibr  the  moisture  thereof, 
as  well  as  for  the  mud  or  other  substances  attached  to  the  wagon,  cart 
or  sled  containing  the  same;  this  section  not  to  apply  to  hay  or 
straw  in  bales  brought  to  the  city  by  water,  railroad,  wagons,  carts  or 
sleds.— 1861,  ch.  35. 


846  WEIGHERS   OF  HAT   AND  STRAW. 

Inspector''s  Fees. 
Sec.  413.  The  said  Inspector  shall  be  entitled  to  demand  and  receive 
for  each  and  every  load  of  hay  and  straw  inspected  by  him,  of  what- 
ever weight,  one  cent  and  one-half  of  a  cent  per  hundred  pounds;  and 
for  weighinfj  hemp,  cable,  anchors,  dye-woods,  bark,  etc.,  two  cents 
per  hundred  pounds. — 1865,  ch.  165. 

Inspector  to  Sell  Portdt>le  Scales. 
Sec.  414.  The  Inspector  of  hay  and  straw  shall  sell  the  portable 
scales,  and  pay  the  proceeds  of  said  scales  to  the  Treasurer  of  the  State. 

To  Give  Certificate  of  Weight. 

Sec.  415.  The  Inspectors  shall  give  a  certificate  of  every  load  of 
hay  or  straw  weighed,  stating  the  gross  and  net  weight  of  such  straw 
or  hay,  and  wagon,  cart  or  sled  ;  and  if  any  seller  of  such  hay  and 
straw  shall  neglect  or  refuse  to  have  the  same  weighed  on  the  day  of 
the  delivery  thereof  he  shall  forfeit  and  pay  for  every  such  neglect  or 
refusal  the  sum  of  five  dollars. 

Penally  for  Neglect  to  lm.ve  Ilay  and  Straw    Weighed.,  de. 

Sec.  Al-Q.  If  any  person  bringing  hay  or  straw  to  said  city  shall  ne- 
glect to  have  the  same  weighed  by  the  said  Inspectors,  or  shall  be  de- 
tected in  having  stones,  rubbish,  wood  or  anything  else  concealed  in 
his  load,  or  shall  in  any  manner  change  the  condition  of  his  cart, 
wagon,  carriage  or  sled  with  a  fraudulent  intention,  he  sliall  forfeit 
and  pay  for  each  and  every  such  ofl'ence,  the  sum  of  five  dollars. 

Penalty  for  Selling,  &c.,  without  Inspection. 

Sec.  417.  If  any  person,  after  having  his  hay  or  straw  weighed,  and 
having  obtained  the  Inspector's  certificate,  specifying  the  quantity 
thereof,  shall  dis])ose  of  any  part  thereof  or  in  any  manner  diminish 
the  same  in  quantity,  thereby  to  defraud  or  deceive  the  purchaser 
thereof,  he  shall  forfeit  and  pay  for  every  such  offence  the  sum  of 
twenty  dollars. 

.    Inspectors  may  Re-Weigh   Wa^jons  Free  of  Charge,  &c. 

Sec.  418.  The  said  Inspectors  may  re-weigh  carts,  wagons,  carriages 
or  sleds  as  often  as  they  may  deem  expedient,  and  if  at  any  time  either 
of  them  shall  Ik  re  juired  to  do  so  by  a  purchaser  of  hay  or  straw,  and 
it  shall  be  foi  nd  that  his  report  of  the  weight  of  the  cart,  wagon, 
carriage  or  sleu  is  correct,  the  person  requiring  the  same  shall  pay 
twenty  cents  to  said  Inspector ;  in  other  cases  the  re-weighing  shall 
be  free  of  charge. 

In.^ectors  may   Weigh  Other  Articles. 

Sec.  419.  The  said  Inspectors  shall  at  all  times  when  required 
weigh  hemp  cables,  anchors,  dye  woods,  bark,  roots,  etc. 

Where  Scales  are  to  ie  Placed — Pay  of  Inspector. 

Sec.  420.  One  of  the  scales  or  apparatus  for  weighing,  shall  be 
placed  in  the  western  section  of  the  city,  and  the  other  in  the  eastern; 
but  the  Governor  may,  ujjon  petition,  change  the  location  of  either, 
whenever  and  as  often  as  he  may  deem  i)roper,  at  the  expense  of  the 
State.  In  addition  to  the  charge  herein! lef'ore  autliori/.cd  for  the  use 
of  the  State  li,ay  scales,  the  Inspector  shall  be  entitled  to  demand  and 
receive  fifteen  cents  for  each  and  every  load  of  hay  or  straw,  which 


■WETGnERS   OF  HAT   AND   STKAW.  347 

shall  remain  half  an  hour  on  the  premises  after  tlie  weighing  thereof, 
Init  Khali  be  removed  before  night,  and  thirty  cents  lor  each  and 
every  load  wliich  shall  be  left  on  the  premises  until  the  next  morn- 
ing.—1864,  ch.  384. 

Wev/hiiuj   Apparatus  to  be  Adjusted  Monthly. 
Sec.  421.  The  weighing  apparatus  shall  be  adjusted  at  least  once 
in  six  months  by  the  standard  of  weights  for  the  city  of  Baltimore, 
the  expense  of  which,  together  with  all  the  expense  for  repairs,  shall 
be  paid  by  the  Inspectors. 

Inspectors  to  Account  to  Treasurer  Quarterly. 
Sec.  422.  They  shall  severally  account  for,  under  oath,  and  pay 
over  to  the  Treasurer,  quarterly,  all  moneys  received  by  them  as  In- 
spectors, after  retaining  for  their  services  two-thirds  of  all  moneys 
received  under  the  tour  hundred  and  thirteenth  section,  and  one-lil'th 
of  all  moneys  received  under  the  four  hundred  and  twentieth  section 
of  tills  Article.— 1804,  ch.  ;J84. 

Another  Inspector  Appointed — Ilis   Duties  and  Fees. 

Sec.  424.  The  Governor  shall  appoint  a  proper  person  to  act  as  In- 
spector of  hay  and  straw  at  the  scales  erected  under  the  Act  oi  1867, 
c.  381,  and  his  duties,  in  all  resi)ects,  shall  be  such  as  those  now 
by  law  required  of  the  Inspector  of  hay  and  straw  at  the  western 
scales,  and  he  shall  have  like  rights,  except  so  far  as  they  are  hereby 
changed  ;  and  such  appointment  shall  be  made  in  all  respects  in  like 
manner  and  subject  to  like  contirmation  by  the  Senate,  as  is  now  by 
law  required  in  the  apiJointment  of  Inspectors  of  hay  and  straw  in 
the  city  of  Baltimore:  and  said  scales  shall  be  used  for  the  same  pur- 
l)oses  as  the  scales  now  established  in  the  western  section  of  said  city 
are  used  for,  and  shall  be  subject  to  the  same  regulations.  And  the 
Inspector  hereby  authorized  to  be  appointed,  and  the  Inspector  of  the 
western  scales  now  in  operation  shall,  from  the  time  that  first  named 
Inspector  shall  enter  upon  the  duties  of  his  office,  severally  account 
i()r,  under  oath,  and  pay  over  to  the  Treasurer,  quarterly,  all  mcmeys 
received  by  them  as  Inspectors,  after  receiving  for  their  services  three- 
fourths  of  all  moneys  received  by  them  for  weighing  and  inspecting 
liay  and  straw,  and  one-fifth  of  all  moneys  received  by  them  for 
weighing  hemp,  cable,  anchors,  dye-woods,  bark,  roots,  &c. — 1867,  ch. 
:!8L 

Inspector'' s  Duties  and  Charges. 

Sec.  425.  It  shall  be  the  duty  of  the  Inspector  of  hay  and  strav/ 
having  charge  of  the  eastern  hay  scales  at  Canton  in  the  city  of  Balti- 
more, to  wei^h  all  cattle  and  liogs  required  by  law  to  be  weighed, 
whicli  may  be  brought  to  said  scales  for  that  purpose,  and  the  said 
Inspector  shall  be  entitled  to  demand  and  receive  for  the  use  of  the 
State,  for  the  first  time  of  weighing  any  live  stock,  except  sheep, 
required  by  law  to  be  weighed,  two  cents  for  every  hundred  weight, 
and  (uie  cent  per  head  for  every  sheep,  and  for  every  second  and  sub- 
sequent weighing,  for  cattle  and  hogs  two  cents  for  every  thousand 
weight,  and  sheep  one  cent  for  every  thousand  weight,  and  all  live 
stock,  not  required  to  be  weighed,  the  sum  of  six  cents  for  eveiT^ 
thousand  weight.— 1867,  ch.  241. 


348  WEIGHERS   OF   HAY    AXD   STRAW. 

To  Keep  Record  of  Expenditures,  &c. 

Sec.  426.  He  shall  keep  a  full  record  of  all  weights  as  ascertained 
and  determined  by  him.  of  what  and  for  whom  the  same  may  be 
ascertained  and  determined,  and  all  money  by  him  received  for 
weiirhing  live  stock,  and  all  expenditures  and  disbursements,  in 
books  to  be  provided  for  him  for  that  jDurpose,  which  books  shall 
belong  to  the  State,  and  shall  at  all  times  be  subject  to  the  inspection 
and  order  of  the  Comptroller;  and  he  shall  at  the  expiration  of  every 
six  months,  or  within  five  days  thereafter,  upon  his  oath,  taken 
before  a  justice  of  the  peace  for  said  city,  make  a  full  statement  of 
all  receipts  for  weighing  all  live  stock  weighed  by  him,  for  the  six 
months  immediately  preceding  said  statement,  and  from  whom  re- 
ceived, and  all  disbursements  by  him  made  to  the  Comptroller;  and 
if  the  balance  in  the  hands  of  said  Inspector  for  weighing  live  stock 
for  said  six  months,  shall  exceed  the  sum  of  two  hundred  dollars,  he 
shall  pay  the  excess  into  the  treasury ;  but  if  there  be  no  excess  over 
and  above  two  hundred  dollars,  after  deducting  all  necessary  expenses 
for  receijits  for  weighing  live  stock,  the  said  Inspector  shall  retain  the 
balance  as  compensation  for  his  services  for  weighing  such  live  stock. 

Ibid. 
May  Impound  Stock  for  Charges. 

Sec.  427.  He  may,  upon  failure  or  refusal  of  any  agent  or  owner 
of  live  stock  to  pay  for  weighing  the  same,  impound  any  number  of 
live  stock  he  may  deem  necessary,  or  cause  such  fees  to  be  paid ;  pro- 
vided, no  injury  be  done  to  said  stock  by  confining  them  as  aforesaid, 
that  they  be  delivered  to  the  owner  or  agent  upon  payment  of  all  just 
and  proper  charges. — Hid. 

Penalty  for  Neglecting  to   Weigh. 

Sec.  428.  If  the  Inspector  shall  neglect,  or  delay  to  weigh  or  cause 
to  be  weighed  any  live  stock  brought  to  said  scales  for  the  purpose 
of  being  weighed,  for  a  time  not  exceeding  twenty-four  hours  after  he 
shall  have  been  requested  to  weigh  the  same,  he  shall  forfeit  and  pay 
to  the  owner  of  such  live  stock,  or  his  agent,  the  sum  of  ten  cents  an 
hour  upon  each  and  every  head  hereof  for  so  many  hours  as  he  shall 
omit  or  neglect  to  weigh  the  same  over  and  above  the  twenty-four 
hours,  Sundays  excepted,  to  be  recovered  in  an  action  of  debt  before 
a  justice  of  the  peace,  with  costs. — Hid. 

Inspector^  Bond  $1000. 
Sec.  429.  The  said  Inspector  of  hay  and  straw  shall  execute  a  bond 
to  the  State,  in  addition  to  the  bond  hereinbefore  j^rovided  to  be 
given  by  said  Inspector,  to  be  approved  by  the  Comptroller,  in  the 
penal  sum  of  one  thousand  dollars,  conditioned  for  the  full  perform- 
ance of  all  acts  and  things  required  by  him  as  weigher  of  live  stock 
at  said  scales,  and  to  pay  all  damages  that  may  be  sustained  by 
reason  of  willful  omissions,  refusal  or  neglect  to  discharge  the  said 
duties,  which  bond  shall  be  filed  with  the  Comptroller  of  the  Trea- 
sury. 

Appointment  of  Additional  Inspector. 

Sec.  430.  The  Governor,  by  and  with  the  advice  and  consent  ol" 
the  Senate,  is  authorized  to  a])point  an  additional  Insi>ector  of  hay 
and  straw  for  the  eastern  section  of  the  city  of  Baltimore. — 1861,  cli. 
339. 


STATE   ARMORERS.  349 

Inspector  Liahle  to  all  Duties,  &c.,  of  Other  Inspectors. 
Sec.  431.  The  said  Inspector,  as  aii)resaifl,  by  virtue  of  tin's  Act 
appointed,  in  the  execution  of  his  said  ollice,  shall  conform  to  and 
be  liai)lc  to  all  requirements,  duties  and  provisions  required  of  the 
existing  Inspectors,  and  enacterl  in  reference  thereto  by  any  acts  of 
Assembly,  now  in  force  in  relation  to  the  same. — Hid. 

Bond  ^1000— Commission  $10. 

Sec.  432.  Said  Ins})ector  shall  give  bond  in  $1000,  and  shall  pay 
to  the  clerk  for  his  commission  $10,  and  no  more. — 1870,  ch.  256. 

Penalties — How  Recovered. 

Sec.  433.  All  fines  and  forfeitures  imposed  may  be  recovered  with 
costs  in  the  name  of  the  State,  before  a  justice  of  the  ])eace,  in  the 
manner  that  small  debts  are  recovered,  one-half  to  the  informer  and 
the  other  hall'  to  the  use  of  the  State. — Art.  4,  P.  L.  L.,  Sec.  423. 


THE    STATE    ARMORERS. 

The  duties  of  State  Armorers  are  prescribed  by  Article  VIII  of  the 
Public  General  Laws,  as  follows: 

Governor  Appoints  Armorers  at  Easton  and  Frederick. 
Sec.  1.  The  Governor,  by  and  with  the  advice  and  consent  of  the 
Senate,  shall,  biennially,  appoint  an  Armorer  at  Frederick  and  an 
Armorer  at  Easton,  to  take  charge  of  and  keep  in  repair  and  lit  for 
use,  all  public  arms  and  accoutrements  in  the  armories  at  those  places 
respectively. 

Amount  of  Bond. 

Sec.  2.  Each  of  said  Armorers,  before  he  proceeds  to  the  execution 
of  his  duties,  shall  give  bond  to  the  State  of  Maryland  with  security 
to  be  approved  by  the  Governor,  the  Armorer  at  Easton  in  the  pen- 
alty of  two  thousand  dollars,  and  the  Armorer  at  Frederick  in  the 
penalty  of  one  thousand  dollars,  and  conditioned  for  the  iaithful  dis- 
charge of  his  duties. 

Armm'ers  to  Report  Annually  to  the  Adjutant  General. 
Sec.  3.  Each  Armorer  shall,  on  or  before  the  first  day  of  October, 
annually,  report  to  the  Adjutant  General  the  actual  state  of  the 
armory  under  his  control,  designating  in  such  report  the  number  of 
arms  and  accoutrements,  and  the  fitness  or  unfitness  of  any  portion  ol 
them  for  service,  and  also  the  quantity  of  the  diflcrent  materials  of 
war,  with  the  quality  of  the  same. 

To  Report  Removals  of  Arms.  dc. 
Sec.  4.  "Whenever  any  arms  or  accoutrements,  or  other  articles 
deposited  in  the  armories  as  public  property,  shall  be  removed  there- 
from, the  Armorer  shall  immediately  report  the  same  to  the  Adjutant 
General,  stating  the  purposes  ibr  which  they  were  so  removed  and  the 
authority  iinder  which  he  acted. 


350  PROPERTY   EXEMPT   FROM   DISTRESS   FOR   RENT, 

Governor  may  have  Inventories  Made  of  Arms,  &c. 

Sec.  5.  The  Governor  may,  -whenever  he  may  deem  it  necessary, 
employ  two  competent  persons  in  the  neighborhood  of  each  of  the 
said  armories,  to  make  out  and  return  to  the  Secretary  of  State  an 
accurate  inventory  of  the  arms,  ammunition  and  other  public  prop- 
erty therein,  together  w^ith  the  condition  and  value  thereof,  and  the 
persons  so  employed  shall  be  entitled  to  two  dollars  for  each  day  they 
shall  be  actually  engaged  in  the  discharge  of  said  duty. 

Salary  of  Armorers,  $300. 

Sec.  6.  The  Armorers  at  Easton  and  Frederick  shall  each  I'eceive 
an  annual  salary  of  three  hundi'ed  dollars. 


MISCELLANEOUS. 


Property  Exempt  from  Distress  for  Rent.  • 

The  Public  General  Law,  Article  53,  Sec.  17,  entitled  "Landlord 
and  Tenant,"  exempt  certain  articles  from  distress  for  rent,  as  follows : 

Proj)erty  Exempt  from  Distress  for  Rent. 
Art.  53,  Sec.  17.  The  following  property  shall  be  exempt  from  dis- 
tr<^ss  for  rent,  to  wit :  every  spinning-wheel,  loom  or  sewing  machine 
which  may  be  loaned  or  hired  to  the  tenant ;  and  every  horse,  carriage 
and  harness,  whip  and  rope,  saddle  and  bridle,  not  the  property  of 
the  tenant,  in  any  livery  stable,  or  which  may  be  at  livery  or  stored 
with  any  keejoer  of  any  livery  stable,  or  in  any  other  place,  out-house 
or  barn  of  the  tenant ;  and  all  property  of  any  boarder  or  sojourner 
at  any  hotel,  tavern,  public  or  private  boarding  house ;  and  any  ve- 
hicle, not  the  property  of  the  tenant,  in  any  shop  for  rci^airs ;  every 
stove,  every  piano  or  other  musical  instrument  rented  or  hired,  or 
loaned  to  the  tenant,  where  the  contract  of  rentioL',  hiring  or  lending 
of  such  stove  or  piano,  or  other  musical  instrument,  is  in  writing, 
signed  by  the  parties  thereto,  and  acknowledged  before  a  Justice  of  the 
Peace  of  the  county  or  city  wherein  the  parties  reside,  and  the  Justice 
shall  enter  upon  his  docket  the  substance  of  the  contract,  and  that 
the  parties  acknowledge  the  same. — 1870,  ch.  169. 


THE  PUBLIC  OFFICERS  OF  COUNTIES. 

THE     COUNTY    COMMISSIONERS. 

Constitution,  Article  VII,  Sections  1  and  2. 

County  Commissiomrs^Hoto  and  when  Elected. 
^  Akt.  7,  Sec.  1.  County  Commissioners  shall  be  elected  on  general 
ticket  of  each  coimty,  by  the  qualified  voters  of  the  several  counties 
of  this  State,  on  the  Tuesday  next  after  the  first  Monday  in  the 
month  of  November,  1867,  and  on  the  same  day  in  every  second  year 
thereafter.  Their  number  in  each  county,  their  compensation,  powers 
and  duties,  shall  be  such  as  are  now,  or  may  be  hereafter  prescribed 
by  law. 

To  Appoint  a  Surveyor  to  Fill   Vacancy. 
Art.  7,  Sec.  2,  Provides  that  any  vacancy  in  the  office  of  Surveyor 
shall  be  filled  by  the  Commissioners  of  the  "county. 

COMMISSIONERS— POWERS   UNDER  THE  GENERAL 

LAWS. 
The  powers  and  duties  of  County  Commissioners  under  the  Public 
General  Laws,  Article  28,  are  as  follows  : 

Their   Coiporate  Powers. 

Art.  28,  Sec.  1.  The  County  Commissioners  of  each  county  in  this 
State  are  declared  to  be  a  corporation,  and  shall  have  power  to  ap- 
point judges  of  election,  road  supervisors,  collectors  of  taxes,  trustees 
of  the  poor,  a  clerk  to  their  Board,  and  all  other  officers,  agents  and 
servants  required  for  county  purjDoses.  not  otherwise  provided  for  by 
law  or  by  the  Constitution;  and  they  shall  have  charge  of  and  control 
over  the  property  owned  by  the  county,  and  over  county  roads  and 
bridges.  They  shall  also  have  power  to  locate,  alter  or  change  the 
place  of  holding  elections  in  the  diiferent  election  districts  or  town- 
ships of  their  respective  counties. — 1865,  ch.  85. 

They  may  Sue  and  ie  Sued. 
Sec.  2.  They  may  sue   and   be   sued,  and  may  sue  for  any  injury 
done  to  the  property  of  the  county,  or  to  recover  possession  thereof, 
or  may  be  sued  by  any  claimant  of  such  property. 

Their  Kumber  in  Each  County. 

Sec.  3.  The  number  of  County  Commissioners  in  each  county  shall 
be  as  fixed  by  the  Code  of  Local  Law  for  each  county. 

When  to  Qualify,  ajid  Levy  County  Taxes. 
Sec.  4.  They  shall  meet  in  their  respective  counties  within  sixty 
days  after  their  election,  and  quality  by  taking  the  oaths  required  by 
law,  and  shall  meet  once  a  quarter,  and  as  much  oftener  as  the  neces- 
sities of  the  county  may  in  their  judgment  require;  provided,  however, 
that  the  meeting  to  make  the  annual  levy  of  taxes  shall  be  held  pre- 
vious to  the  first  day  of  July  in  each  year. 
23 


353  COUNTY    COMMISSIONERS. 

To  Levy  all  Needful    Taxei. 

Sec.  5.  They  shall  levy  all  needful  taxes  on  the  assessable  property 
within  the  county,  liable  to  taxation,  and  provide  for  collecting  the 
same,  and  they  may  make  such  levy  in  whole  or  in  part  by  estimate; 
they  shall  provide  for  the  support  of  the  courts,  compensate  Jurors 
and  county  or  State  witnesses,  levy  for  out-pensions  allowed  by  them- 
selves or  the  trustees  of  the  poor,  and  such  sums  as  may  be  necessary 
to  pay  accounts  allowed  by  them  for  the  funeral  expenses  of  paupers, 
and  pay  and  discharge  all  claims  on  or  against  the  county  which 
have  been  exj^ressly  or  impliedly  authorized  by  law. 

To  Beiuire  Legal  Vouchers  for  Claims. 
Sec.  6.  They  shall  allow  no  claim  against  the  county  not  properly 
chargeable  to  the  same,  and  to  which  the  claimant  shall  not  produce 
a  legal  voucher. 

Tfiey  Shall  Rectify   Errors  of  Assessment. 

Sec  7.  They  shall,  when  satisfied  that  any  error  has  arisen  by 
assessing  property  not  liable  to  be  assessed,  rectify  such  error  and 
levy,  and  pay  to  the  proper  person  any  money  that  may  have  been 
paid  in  consequence  of  such  error. 

May   Reduce  Assessments  upon  Fishei-y  Shores,  &c. 

Sec.  8.  Whenever  any  lands  in  any  of  the  counties  in  this  State 
shall  greatly  depreciate  in  value  by  reason  of  the  diminished  value  of 
the  fisheries  attached  thereto,  the  County  Commissioners  may  reduce 
the  assessment  so  as  to  make  it  conform  to  the  fair  value  of  the  prop- 
erty. 

To  Puhlish  Annually  Statement  of  Expenses. 

Sec  9.  They  shall  make  out  and  publish  annually  in  at  least  two 
newspapers  published  in  their  respective  counties,  if  there  be  two,  a 
detailed,  minute  and  accurate  statement  of  the  exj^enses  of  their  said 
counties,  specifying  therein  each  particular  item  of  expense,  and  for 
what  and  to  whom  paid,  and  shall  also  deliver  to  the  sheriif  of  their 
respective  counties  as  many  copies  of  such  statement  as  there  are 
election  districts  in  the  county,  at  least  ten  days  before  each  general 
election,  and  the  sherift'  shall,  within  six  days  after  the  receipt  of 
such  copies,  set  up  one  of  them  at  the  jjlace  of  holding  elections  in 
each  election  district;  and  the  clerk  to  the  County  Commissioners 
and  the  sheriff  who  shall  tail  to  perform  the  duty  imposed  by  this 
section,  shall  each  forfeit  the  sum  of  one  hundred  dollars. 

They  May  Open  and  Close  Ron<h,  &c. 

Sec  10.  They  shall  have  power  to  open,  alter  or  close  any  public 
road  or  roads  in  their  resijective  counties. 

They  May  Build  and  Repair  Bridges. 

Sec.  11.  They  may  build  and  repair  bridges,  and  levy  upon  the 
the  property  of  the  county  therefor. 

Their  Pay  and  Mileage — Baltiynore  County. 

Sec  12.  The  County  Commissioners  of  the  several  counties  shall 
each  receive  three  dollars  \>gt:  day  lor  each  day  they  shall  be  engaged 
in  the  discharge  of  their  duties,  and  mileage  at  the  rate  of  ten  cents 
for  every  mile  over  five  miles  from  their  places  of  residence,  except 


PunT,ic  KOADS.  3o:; 

the  County  Commissioners  of  B:i]timore  county,  who  shall  have  and 
receive  a  salary  of  one  thousand  dollars  per  year  each,  includin>; 
mileaf,re,  payable  monthly  l)y  the  Treasurer  of  sa'id  county;  and  said 
County  Commissioners  of  Baltimore  county  are  hereby  required  and 
directed  to  meet  at  their  otHce  in  the  Court  House  in  Towsontown 
two  days  in  each  week,  (Tuesdays  and  Wednesdays,)  and  to  meet 
daily  from  the  tirst  Tuesday  in  March  until  after'the  annual  levy 
is  made,  for  the  transaction  of  the  public  business.  The  County 
Commissioners  of  Baltimore  county  shall,  within  ten  days  after  the 
passajre  of  this  Act,  file  a  bond  in  the  office  of  the  clerk  of  the  Circuit 
Court  for  Baltimore  county,  to  be  approved  of  by  the  judge  or  judges 
of  said  c;ourt,  in  the  sum  of  two  thousand  five  liundred  dollars,  for  the 
Jiiithful  perlormance  of  their  duties.— 1872,  ch.  371. 

PUBLIC   ROADS. 

Petitions  for  Pvilic   Roads. 
Sec.  13.  All    applications   for   opening,  altering  or  closing  roads, 
shall  be  by  petition  to  the  County  Commissioners. 

To  Give  Thirty  Days'  Notice. 
Sec.  14.  Whenever  any  citizen  or  citizens  of  any  county  intend  to 
petition  the  County  Commissioners  for  opening,  altering  or  closing 
any  road,  they  shall  give  thirty  days'  notice  thereof  in  one  or  more  of 
the  newspapers  published  in  the  county;  and  if  no  newspa])cr  be 
published  in  the  county,  they  shall  give  pul)lic  notice  of  such  inten- 
tion by  setting  up  a  notice  at  the  court  house  door,  and  at  three  pub- 
lic places  in  the  election  district  in  which  it  is  proj)osed  to  open, 
close  or  alter  the  road,  for  at  least  thirty  days. 

Ccmnter  Petitions  may  he  Presented. 
Sec.  15.  Counter  petitions  may  be  presented  to  the  County  Com- 
missioners, and  when  they  are,  the  County  Commissioners  shall  take 
into  consideration  the  reasons  contained  in  the  counter  petition,  and 
such  other  testimony  as  nuiy  come  before  them,  and  determine  the 
case  as  in  their  opinion  shall  seem  right  and  i^roper. 

May  Appoint  Examiners  to  View  the  Ground. 
Sec.  1G.  Whenever  the  County  Commissioners  shall  deem  it  expe- 
dient that  Examiners  should  be  appointed  to  view  the  ground  for  the 
])nrpose  of  opening,  altering  or  closing  a  road,  they  shall  appoint 
three  persons  as  Examiners,  who  shall  be  freeholders  in  the  county, 
and  not  interested  nor  holding  lands  through  which  the  said  road  is 
l)roposed  to  be  opened,  altered  or  closed. 

Examiners  to  2'ake  an  Oath. 
Sec.  17.  The  said  Examiners,  before  they  proceed  to  act  as  such, 
shall  take  an  oath  to  execute  the  trust  reposed  in  them  by  the  com- 
mission to  them  issued,  faithfully  and  without  favor,  affection  or 
l)artiality ;  which  oath  shall  be  endorsed  on  the  commission  and  re- 
turned therewith. 

To  Examine  the  Premises  after   Thirty  Days'"  Notice. 
Sec.  18.  They,  or   a   majority  of  them,  after  giving   thirty   days' 
notice   in   the  manner   hereinbefore   prescribed,   shall   meet   on  the 


354  PUBLIC   EOADS. 

premises  and  proceed  to  examine  and  determine  whether  the  public 
convenience  requires  that  the  road  should  be  oldened,  altered  or 
closed,  as  the  case  may  be. 

To  Locate  said  Road  and  Report  Thereon^  <Scc. 
Sec.  19.  If  the  application  be  for  opening  or  altering  a  road,  they 
shall  proceed  to  locate  the  same  in  such  manner  as  will,  in  their 
judgment,  best  promote  the  public  convenience,  and  shall  cause  a 
plot  of  the  same,  and  also  of  the  old  road,  where  the  application  is 
to  alter  or  close  a  road,  to  be  made  out,  and  shall  return  the  same, 
together  with  a  full  report  of  their  proceedings,  under  their  hands, 
to  the  County  Commissioners,  with  the  reasons  on  which  their 
opinions  are  founded. 

If  no  Change  is  Made^  to  Report  the  Same. 
Sec.  20.  If  they  shall  be  of  opinion  that  the  road  ought  not  to 
be  opened,  altered  or  shut  up,  tliey  shall  report  their  opinion  to  the 
County    Commsssioners,    together   with    the  reasons   on  which  it  is 
founded. 

What  Premises  the  Road  Cannot  Pass  Through. 

Sec.  21.  No  road  shall  be  opened  or  altered,  so  as  to  pass  through 
the  buildings,  yards,  gardens,  burial  grounds  or  orchards  of  any 
person,  without  the  consent  ol"  the  owner  thereof 

All  Roads  to  ie  at  least    Thirty  Feet    Wide. 

Sec.  22.  All  roads  opened  imder  the  provisions  of  this  Article  shall 
be  at  least  thirty  feet  wide,  and  when  opened  and  sufficiently  cleared, 
shall  be  public  roads. 

Examiners  to  Ascertain  Damages.,  &c. 

Sec.  23.  The  Examiners,  or  a  majority  of  them,  shall  valpe  and  as- 
certain the  damages  that  may  be  sustained  by  each  person  through 
whose  lands  the  road  may  pass,  if  the  application  sliall  be  for  o])e;iing 
or  altering  a  road,  by  opening  or  altering  the  same,  taking  into  con- 
sideration the  advantages  and  disadvantages  of  the  same,  if  any,  and 
they  shall  make  stich  ascertainment  a  part  of  their  return  to  the 
County  Commissioners,  and  the  same,  nvith  the  rest  of  their  proceed- 
ings, shall  be  subject  to  the  ratification,  rejection  or  alteration  of  the 
County  Commissioners,  in  such  manner  as  in  their  judgment  shall  be 
just. 

By   Whom  Said  Damages  are  to  ie  Paid. 

Sec  24.  The  County  Commissioners  shall  determine  whether  the 
damages  adjudged  by  the  Examiners  shall  be  paid  by  the  persons  pe- 
titioning for  the  road  or  levied  on  the  county,  or  may  direct  that  the 
same  be  i)aid  by  the  petitioners  and  the  county,  in  such  jiroportion 
as  they  may  deem  just. 

Damages  to  le  Paid  Before  the  Opening  of  the  Road. 
Sec.  25.  The  damages  shall  in  all  cases  be  paid  to  the  respective 
l)arties  or  their  guardians,  agents  or  attorneys,  beibre  the  road  shall 
1)0  opened,  and  in  case  of  the  death  of  any  ol"  the  ])arties  concerned 
after  the  valuation  made  by  the  examiners,  or  a  majority  of  them,  the 
damages  finally  adjudged  to  him  or  them  shall  be  paid  to  his  or  their 
executors. 


PRIVATE   KOADS.  355 

Signing  a  Petition  to  Create  no  Liability  to  Pay  Damages. 
Sec.  26.  The  signing  any  petition  presented  to  the  County  Com- 
missioners for  o])ening,  altering  or  changing  a  public  road,  shall  not 
make  any  petitioner  liable  for  the  payment  of  the  damages  adjudged 
by  the  County  Commissioners,  or  any  ])art  thereof,  but  the  Commis- 
sioners may,  in  their  discretion,  give  judgment  against  the  petitioners 
for  the  costs  incurred  by  any  person  defending  against  the  claim  of 
the  petitioners,  where  the  case  shall  be  decided  in  favor  of  such  de- 
fendant. 

What  Commissianers  may  do  if  no  Objection  be  Made. 
Sec.  27.  If  no  objection  be  made  to  the  return  of  the  Examiners  at 
the  meeting  of  the  County  Commissioners  next  succeeding  the  meet- 
ing at  which  said  return  shall  be  made,  the  County  Commissioners 
may  proceed  to  pass  judgment  thereon,  and  afHrm  or  reject  the  same 
or  order  it  to  be  amended,  in  their  discretion,  or  may  continue  over 
the  proceedings  to  their  next  meeting,  and  so  on  from  time  to  time, 
so  long  as  they  may  think  proper. 

Per  Diem  of  Examiners  $2  00. 

Sec.  28.  The  Examiners  shall  be  entitled  to  a  compensation  for 
their  services  and  attendance  not  exceeding  two  dollars  a  day,  to  be 
ascertained  by  the  County  Commissioners^^vhich,  with  all  charges 
arising  from  the  survey  or  attendance  of  witnesses  or  other  expenses, 
shall,  in  the  discretion  of  the  County  Commissioners,  be  paid  by  the 
petitioners,  or  levied,  collected  and  paid  by  the  county,  or  ai)por- 
tioned  between  the  petitioners  and  the  county  as  heretofore  directed. 
Expenses  of  Road  to  he  Levied  on  the  County. 

Sec.  29.  In  all  cases  where  the  County  Commissioners  shall  adjudge 
that  a  road  be  opened  or  altered,  they  sliall  at  the  usual  time  for 
levying  taxes,  levy  on  the  assessable  projjerty  of  the  county  a  sum 
sufficient  to  open  or  alter  said  road,  and  also  sufficient  to  pay  the 
damages  awarded,  if  it  shall  have  been  adjudged  that  the  daniages 
be  paid  by  the  county,  or  such  proportion  of  said  sums  as  shall  have 
been  adjudged  to  be  paid  by  the  county,  and  it  shall  be  the  duty  of 
the  County  Commissioners  to  open  or  alter  the  road  as  soon  as  it  can 
conveniently  be  done. 


PRIVATE  ROADS. 
All  Owners  of  Land  Ilaie  a  Right  to  a  Road. 
Sec.  30.  Any  owner  of  any  lands  in  this  State  has  a  right  to  a  road 
and  a  way  to  and  from  his  land  to  places  of  public  Worship  and  mills, 
market  towns,  public  ferries  and  court  houses,  and  may  obtain  a  pri- 
vate road  or  way  by  applicati(m  to  the  County  Commissioners. 
Commissioners  to  he  Appointed  to  Lay  Out  Private  Road. 
Sec.  31.  The  County  Commissioners,  on  application  of  any  person 
for  a  private  road,  shall  appoint  three  discreet  and  sensible  persons 
of  the  county,  not  related  to  either  of  the  parties,  who  shall  act  as 
commissioners  to  lay  out  such  j^rivate  road,  not  exceeding  sixteen 
feet  clear  of  ditches  in  breadth,  and  shall  direct  the  said°commis- 
sioners  to  lay  out  the  same,  taking  into  consideration  the  convenience 
of  the  party  petitioning   for  such  private  road,  as  well  as  the  con- 


356  PRIVATE    ROADS. 

venience  and  interest  of  the  persons  through  whose  lands  said  road 
may  be  located,  and  the  said  commissioners  shall  assess  the  damages 
to  be  paid  to  the  owners  of  the  lands  through  which  the  said  road 
may  pass. 

What  Commissioners  may  do  if  Ohjection  "be  Made. 

Sec.  32.  If  any  person  through  whose  lands  such  road  may  pass,  or 
if  the  person  applying  therefor  shall  object  to  its  running  in  the 
manner  returned  by  the  commissioners,  the  said  County  Commis- 
sioners may  make  such  order  as  to  the  course  of  said  road  as  they 
may  think  proper. 

Return  to  le  Recorded. 

Sec.  33.  After  any  road  shall  be  surveyed  and  laid  out  under  the 
two  preceding  sections,  the  County  Commissioners  shall  direct  the 
application  for  such  road,  and  the  return  thereof,  to  be  recorded. 
After  Paying  for  said  Road  the  Oirner  to  Keep  it  Open,  d-e. 

Sec.  34.  After  the  damage  assessed,  and  the  costs  of  laying  out 
such  road  shall  be  paid  by  the  person  applying  for  the  same,  such 
road  shall  be  considered  as  the  private  way  of  such  person,  who  shall 
keep  open  and  repair  the  same  at  his  own  expense. 

Penalty  of  $10  far  Obstructing  Private  Road. 

Sec.  35.  No  person  shall  stop,  or  change,  or  in  any  manner  obstruct 
such  private  road,  under  the  penalty  of  ten  dollars  for  every  such 
offence. 

Private  Roads  Through  Adjoining  Counties. 

Sec.  36.  Where  a  person  owns  lands  adjoining  another  county, 
and  desires  a  private  road  through  lands  in  such  adjoining  county, 
he  may  apply  to  the  County  Commissioners  of  the  county  where  the 
lands  lie.  through  which  he  desires  to  pass;  and  the  said  County 
Commissioners  shall  act  upon  such  application  in  the  same  manner  as 
if  the  applicant  owned  land  in  such  county,  and  had  applied  for  a 
private  road  therefrom. 

Private  Road  to  Quarries  or  Mines. 

Sec.  37.  On  application  to  the  County  Commissioners  by  the  owner 
of  any  quarry  or  mine,  for  a  private  road  thereto,  the  same  proceed- 
ings shall  be  had  as  are  prescribed  for  granting  jirivate  roads  to 
farms;  provided,  the  County  Commissioners  be  satisfied  that  the 
working  of  the  stone  quarry  to  which  the  road  is  prayed  for,  will  not 
injure  or  endanger  any  dwelling  house,  tavern  house  or  out-house 
attached  thereto. 

When  said  Road  shall  be  Closed,  d-c. 

Sec.  38.  In  granting  a  road  under  the  preceding  section,  the  County 
Commissioners  may  jirescribe  a  jicriod  and  terms  when  and  upon 
which  the  said  road  shall  cease,  and  may  be  shut  up:  or  when,  for 
the  continuance  of  said  road,  it  shall  be  necessary  to  have,  at  the 
discretion  of  the  said  County  Commissioners,  the  same  renewed. 
Private  Roads  to  Mills,  Factories,  d-c. 

Sec.  39.  Any  owner  of  a  mill,  factory,  distillery,  quarry,  or  lime 
kiln,  situated  within  one  mile  of  any  railroad,  may  apply  to  the 
County  Commissioners  of  the  county  to  lay  out  and  open  a  private 
road  from  such  mill,  factory,  distillery,  quarry,  or  kiln,  to  the  most 


PRIVATE   KOAD8.  857 

convenient  place  for  intersecting  such  railroad ;  and  on  sucli  applica- 
tion, the  County  Commissioners  shall  proceed  in  the  same  manner, 
and  with  the  same  powers,  as  if  such  application  were  for  a  private 
road  to  a  farm. 

In  Case  a  Railway  is  Applied  For. 
Sec.  40.  If  an  applicant  for  a  road  under  the  preceding  section 
shall  state  in  his  application  that  he  intends  to  lay  a  railway  on  such 
road,  the  commissioners  appointed  to  assess  the  damages  which  any 
person  will  sustain  by  opening  such  road,  shall  take  into  considera- 
tion the  additional  damage,  (if  any,)  which  would  be  caused  by  the 
construction  of  such  raih-oad;  and  shall  determine  the  places  at 
which  crossings  shall  be  made  over  such  railroad,  for  the  convenience 
of  the  owners  of  the  land  on  either  side  of  such  private  road,  and  shall 
specify  the  same  in  their  return  to  the  County  Commissioners. 

May   Connect  Railway  tcith  Railroad. 

Sec.  41.  Any  person  who  has  obtained  a  private  road  under  the  last 
two  preceding  sections,  may  lay  a  railway  thereon,  and  may,  with 
the  consent  of  the  owners  of  any  railroad,  connect  the  same  therewith ; 
provided,  that  the  damages  assessed  as  aforesaid  be  ]iaid  to  tlie  parties 
thereto,  and  that  the  crossings  required  to  be  made  in  the  last  pre- 
ceding section,  be  made  within  thirty  days  after  laying  said  railway. 
May  Locate  Private  Railroads   Through   Quarries. 

Sec.  42.  On  application  of  the  owners  of  any  quarry  over  or  through 
which  any  private  railroad  may  pass,  the  County  Commissioners  may 
have  the  location  of  said  road  altered,  so  as  to  avoid  the  interfering 
with  the  working  of  the  quarry. 

Ten  Days'  Previous  Notice  to  he  Given. 

Sec.  43.  The  County  Commissioners  shall  not  appoint  commis- 
sioners to  lay  out  any  private  road,  until  satisfactory  ])roof  shall 
have  been  produced  that  at  least  ten  days'  notice  before  the  applica- 
tion had  been  given  to  the  parties  through  whose  lands  tlie  proposed 
road  is  to  be  located,  which  notice  shall  describe  the  location  to  be 
made. 

Damages  to  ie  Apportioned  Among  the  Parties  Interested. 

Sec.  44.  If  there  shall  be  an  estate  for  life  or  term  of  years,  or 
tenancy  from  year  to  year,  in  the  lands  through  which  any  private 
road  may  be  located,  the  County  Commissioners  shall  apportion  the 
damages  awarded  to  the  land  owners  among  the  parties  interested  in 
the  land,  according  to  their  several  interests,  in  possession,  expect 
ancy,  remainder  or  reversion;  and  the  several  Circuit  Courts,  on  ap- 
peal, shall  have  a  similar  power  of  apportionment. 

Commissioners^  Per  Diem  $2  00. 
Sec.  45.  The  Commissioners  appointed  to  lay  out  a  private  road, 
shall  each  be  entitled  to  two  dollars  per  diem  for  every  day  they  shall 
be  necessarily  engaged  in  locating  such  road ;  and  the  said  commis- 
sioners may  appoint  a  surveyor  to  assist  in  locating  the  same,  and 
may  allow  him  such  compensation  for  his  services  as  they  may  deem 
proper ;  and  the  per  diem  to  the  commissioners,  and  the  compensa- 
tion of  the  surveyor,  shall  be  paid  by  the  person  applying  for  the 
road. 


358  BKIDGES. 

No  Road  Through  Certain  Premises. 
Sec.  46.  No  such  road  shall  be  made  through  any  garden  or  yard. 
1872,  ch.  223. 

Persons  Aggrieved  may  Appeal  to  Circuit  Court. 
Sec.  47.  Any  person  feeling  himself  aggrieved  by  the  determination 
of  the  County  Commissioners,  in  granting  or  refusing  any  road,  or  in 
the  amount  of  compensation  awarded,  or  in  any  matter  relating  to 
the  granting  or  refusing  to  grant  any  such  road,  may  appeal,  within 
the  time  prescribed  by  law,  to  the  Circuit  Court  of  the  county  in 
which  such  apj)lication  shall  be  made,  and  either  party  may  be  en- 
titled to  a  trial  by  jury,  and  the  judgment  in  the  case  shaU.  be  final 
between  the  parties. 


BRIDGES. 

Petition  for  Bridges. 
Sec.  48.  All  applications  for  build iug  and  repairing  bridges  shall 
be  made  by  petition  to  the  County  Commissioners. 

Same  Notice  to  ie  Given  as  for  a  Road. 
Sec.  49.  When  any  pprson  intends  to  ajiply  for  building  or  repair- 
ing any  bridge,  he  shall  give  notice  in  the  same  manner,  and  for  the 
same  length  of  time  j^rescribed  for  applications  for  opening  roads, 
and  the  County  Commissioners  when  they  have  heard  the  reasons 
and  evidences  for  and  against  the  application,  shall  determine  the 
case  as  in  their  judgment  will  best  prcmiote  the  public  convenience. 

Cost  of  Bridges  to  he  Levied  on  the  County. 
Sec.  50.  Whenever  the   County   Commissioners  sliall  have  deter- 
mined to  build  or  repair  a  bridge,  they  shall,  at  their  usual  time  for 
levying  taxes,  levy  on  the  assessable  property  of  the  county,  a  simi 
suthcient  to  pay  for  the  bridge  and  its  embankments  and  abutments. 

Bridges  Built  or  Repaired  hy  Contract. 
Sec.  51.  All  bridges  shall  be  built  or  repaired  by  contract,  and  the 
County  Commissioners  shall  advertise  in  one  or  more  newspapers, 
and  if  there  be  no  newspaper  pul)lished  in  the  county,  or  counties, 
then  such  public  notice  as  they  shall  deem  most  advisable,  setting 
forth  the  place  where  said  bridge  is  to  be  built  or  repaired,  with  full 
specifications  of  the  plan  and  materials,  and  that  sealed  proposals 
for  building  or  repairing  said  bridge  will  be  received  until  a  day 
uamed  in  the  advertisement. 

Contract  to  ie  Awarded  to  the  Lowest  Bidder. 
Sec.  52.  On  the  day  named  in  such  advertisement  the  proposals 
shall  be  opened,  and  the  contract  awarded  to  the  lowest  bidder,  who 
in  the  opinion  of  the  County  Commissioners  shall  l)e  qualitied  to 
build  or  repair  the  bridge;  and  the  contractor  shall  be  required  to 
enter  into  bonds  with  ap])rovcd  security,  in  double  the  amount  of 
the  contract,  conditionetl  lor  the  laithful  j)erlbrmance  of  the  contract. 

Commissioners  to  Inspect  Bridges,  &c. 
Skc.  53.  When  a  contractor  shall  notify  the  County  Commissioners 
that  the  bridge  is  linished,  the  County  Commissionei's  shall  iu^jject 


BRIDGES.  359 

the  work,  and  if  in  their  judgment  it  has  been  constructed  according 
to  the  contract  and  specification,  tliey  shall  take  the  same  from  the 
hands  ol"  the  contractor,  and  open  it  for  pul>lic  travel,  and  then  and 
not  before,  the  contractor  shall  be  entitled  to  receive  the  last  install- 
ment due  thereon. 

Bridfjes  'between  Adjoining  Counties  to  le  Built,  &c.  by  (Joncwrence 

of  Commissioners. 
Sec.  54.  If,  upon  petition  in  writing  of  any  citizen  or  citizens  of 
any  county,  to  the  County  Commissioners,  praying  for  a  bridge  to  be 
built  or  repaired,  over  any  stream  or  place  dividing  two  adjoining 
counties,  and  the  said  County  Commissioners  shall  deem  the  ])rayer 
in  the  petition  reasonable,  they  sliall  by  message,  in  writing,  ask  the 
concurrence  of  tlie  County  Commissioners  of  the  adjoining  county, 
and  upon  the  concurrence  of  the  last  named  County  Commissioners, 
the  County  Commissioners  of  each  county  shall  appoint  three  disin- 
terested and  discreet  Examiners,  and  each  shall  notify  the  other  of 
such  api^ointment. 

Examines  to  Report  the  Relative  Cost  to  each  County. 
Sec.  55.  The  said  E:;aminers  shall,  with  all  convenient  dispatch, 
meet  and  examine,  and  determine  as  to  the  expediency  of  building  or 
repairing  the  bridge,  the  place  where,  the  plan,  material,  and  the  rel- 
ative portion  of  the  cost  each  of  the  adjoining  counties  should  pay, 
and  estimate  the  whole  cost  and  report  their  opinion  and  all  other 
proceedings  to  their  respective  county  commissioners. 

Examiners  to  Adrertise  for  Proposals. 

Sec.  56.  If  said  rei)ort  be  approved,  and  a  bridge  be  reported  as 
proper  and  exjjcdient  to  be  built  or  re])aired,  the  said  several  County 
Commissioners  shall  direct  the  Examiners  to  advertise  for  sealed  pi'o- 
posals  to  build  or  rejjair  such  bridge  as  in  their  report  may  be  men- 
tioned, stating  the  ])lace,  plan,  material  and  workmanship,  with  suf- 
ficient certainty  for  the  purpose  of  obtaining  proper  proposals  for  the 
same,  and  the  time  and  place  when  such  proposals  will  l)e  opened. 

Examiners  to  Award  the  Contract  to  the  Lowest  Bidder. 
Sec.  57.  And  at  the  time  and  place  named  in  such  notice,  the  Ex- 
aminers shall  meet  ami  open  said  ])roposals,  and  shall  award  the 
work  to  the  lowest  bidder,  all  things  i>eing  considered,  who  shall 
thereupon  enter  into  a  contract  with  said  Examiners,  and  give  bond 
with  security  by  them  approved,  in  the  penalty  double  the  amount 
of  the  price  of  the  work,  for  the  faithful  performance  of  said  work. 
Examiners  to  Direct  the  Progress  of  the   Woi'lc. 

Sec.  58.  The  Examiners,  during  the  progress  of  the  work,  and  up 
to  its  completion,  shall  at  any  time  have  full  authority  to  examine 
and  direct  the  same,  and  when  completed,  shall  receive  the  same  and 
open  it  for  puljlic  use,  and  notify  the  commissioners  of  their  respective 
counties  thereof,  and  the  said  commissioners  shall  thereu])on  pay  or 
levy  for  their  respective  proportions  of  the  cost  of  the  said  woi-k  ac- 
cording to  the  contract. 

In  Case  of  Disagreement  tJie  Relative  Cost  to  be  Settled  by 

Arbitration. 

Sec.  59.  It  the  Examiners  on  the  part  of  adjoining  counties  cannot 
as  to  the  relative  amount  each  county  shall  va,-"  of  the  costs  and  ex- 


360  BllIDGES. 

penses  of  building  or  repairing  any  bridge,  tliey,  or  a  majority  of 
them  on  the  part  of  each  county,  shall  each  appoint  an  arbitrator  to 
determine  the  matter  in  dispute :  and  if  the  arbitrators  cannot  agree, 
they  shall  appoint  an  umpire,  who  shall  not  be  a  resident  of  either 
county,  and  the  award  and  determination  of  the  arbitrators  or  umpire 
shall  be  final  and  conclusive  in  the  matter  submitted. 

Ifo  Bridge  Built  Over  a  Navigahle  River. 

Sec.  60.  Nothing  contained  in  this  Article  shall  authorize  any 
County  Commissioners  to  build,  or  order  to  be  built,  any  drawbridge, 
or  any  bridge  across  a  navigable  river. 

If  Considered  Inerpedient  Citizens  may  Appeal. 

Sec.  61.  In  all  cases,  upon  representation,  in  writing,  of  any  citizen 
or  citizens  of  any  county  in  which  the  County  Commissioners  may 
determine  to  build  or  repair  any  bridge,  or  unite  with  an  adjoining 
county  to  build  or  repair  any  bridge  between  the  said  adjoining 
counties,  filed  before  a  contract  for  building  or  repairing  has  been 
made,  that  the  said  determination  of  the  County  Commissioners  is 
inexpedient,  and  desiring  an  appeal  from  such  determination,  the 
County  Commissioners  shall  grant  such  appeal  and  cease  all  further 
proceedings  until  the  appeal  is  decided  by  the  Circuit  Court  for  the 
county. 

Appeal  to  le  Determined  hy  the  Circuit  Court. 

Sec.  62.  Upon  such  appeal  being  taken,  the  County  Commissioners 
shall  immediately  cause  to  be  filed  with  the  clerk  of  the  Circuit  Court, 
all  records,  acts,  i:)apers  and  proceedings,  or  copies  thereof,  which 
may  by  the  appellant  be  required,  with  full  opportunity  for  him  or 
his  counsel  to  examine  the  books  and  papers  of  the  Commissioners 
i-elative  to  the  matter,  and  thereupon  the  Circuit  Court  shall  proceed 
to  try  and  determine  the  matter  according  to  justice  and  right,  with 
or  without  the  aid  of  a  jury,  as  the  parties  may  agree  or  the  court 
may  order. 

When  Appeal  is  not  Sustained,  the  Appellant  to  Pay  Costs. 

Sec.  63.  In  all  cases  where  the  appeal  is  not  sustained  the  appel- 
lant shall  pay  the  costs,  and  in  all  other  cases  the  court  shall  direct 
the  costs  to  be  paid  in  such  manner  and  by  such  party  as  it  may 
deem  equitable  and  just,  and  the  County  Commissioners  shall  be  the 
appellee  in  such  appeal,  and  shall  levy  as  i)art  of  the  county  charges, 
and  pay  whatever  costs  and  charges  are  so  ordered  to  be  paid  by 
them,  and  all  incidental  expenses  not  herein  provided  for. 

Commissioner's  may  Establish  PuUic  Landings. 

Sec.  64.  In  all  cases  where  the  public  convenience  requires  it,  the 
County  Commissioners  shall  have  power  to  establish  a  public  land- 
ing upon  any  navigable  river  or  canal. 

The  Proceedings  in  Such  Cases. 

Sec.  65.  Upon  all  applications  to  establish  a  public  landing,  the 
same  proceedings  shall  be  had  as  on  applications  to  open  a  public 
road. 

[Sections  65  to  104  of  this  Article  relates  to  the  Draining  of  Lands. 
See  1872,  Chapter  382.] 


STATE   TAXES.  361 

CONTRACTS. 

Every  Contract  must  he  in   Writing — Bond. 

Src.  105.  The  County  Commissioners  of  any  county  in  this  State, 
in  awarding  any  contract  for  work  to  be  done,  and  in  agreeing  and 
contracting  for  the  doing  tliereof,  sliall  make  every  such  contract  in 
writing,  and  shall  require  and  demand  of  the  party  or  parties  witli 
whom  said  agreement  or  contract  is  made,  full  and  ample  security, 
by  bond,  for  the  true  and  jiroper  performance  of  said  work  in  accord- 
ance with  the  terms  and  specilications  of  said  agreement  or  contract. 
1872,  ch.  383. 

Commissioners  to  have  no  Interest  in  any  Contracts. 
Sec.  106.  It  shall  not  be  lawful  for  any  County  Commissioner,  dur- 
ing his  term  of  office,  to  hold,  possess,  purchase  or  acquire  any  share 
or  interest  in  any  agreement  or  contract  made,  entered  into  or  con- 
cluded with  any  party  or  parties  whomsoever,  by  the  County  Com- 
missioners of  his  county,  in  their  character  and  capacity  as  such 
Commissioners,  or  to  have,  receive,  enjoy  or  participate,  either  di- 
rectly or  indirectly,  in  any  of  the  benefits,  profits  or  emoluments  of 
any  such  agreement  or  contract. — Ibid. 

Not  to  Purchase  or  Hold  any  Claim  Against  the  County. 
Sf.c.  107.  It  shall  not  lie  lawful  for  any  County  Commissioner,  during 
his  term  of  office,  to  accept,  hold,  purchase  or  acquire  any  claim  on 
or  against  the  county  of  which  he  is  a  Commissioner,  or  any  share  or 
interest  in  any  such  claim,  which  said  claim  has  Ijeen  or  is  to  he  passed 
upon  and  approved  by  the  Board  of  County  Commissioners  of  which 
he  is  a  member. — Hid. 

Liability  to  Indictment,  d-c. 

Sec.  108.  If  any  County  Commissioner  shall  violate  any  of  the 
provisions  of  the  two  preceding  sections,  he  shall  be  liable  to  indict- 
ment, and  upon  conviction,  shall  forfeit  his  ofiice,  and  shall  also  for- 
feit his  share  in  the  agreement,  contract  or  claim,  as  aforesaid,  as  the 
case  may  be. — Ibid. 

[The  Act  of  1870,  Chapter  359,  provides  for  the  erection  of  a  true 
Meridian  Line  Standard  in  each  county  in  the  State,  &c.] 


STATE  TAXES. 

Commissioners,  <fec.,  to  Impose  State  Taxes,  <&e. 

Atiticle  81,  Suction  27,  provides  that  it  shall  be  the  duty  of  the 
County  Connnissi oners  of  the  several  counties,  and  Mayor  and  City 
Council  of  the  City  of  Baltimore,  annually,  on  the  second  Monday 
of  April,  to  impose  the  State  taxes  prescri'oed  by  law,  and  if  the 
County  Commissioners  of  any  county,  or  the  Mayor  and  City  Council 
of  the  City  of  Baltimore  sliall  fail  to  impose  the  said  taxes  before 
the  first  day  of  July  in  any  year,  the  clerk  of  the  said  county,  or 
Register  of  the  city  of  Baltimore,  as  the  case  may  be,  shall  give 
notice  thereof  to  the  Governor  within  twenty  days  after  such  failure; 
and  thereupon  the  Governor  shall  aj)point  a  Tax  Board  of  three 
persons  in  the  county  or  city  so  fiiling,  a  majority  of  whom  shall 
have  power  to  act,  and  whose  duty  it  shall  be  ibrthwitli  to  levy  said 
taxes,  and  place  the  same  in  the  hands  of  the  collectors  of  the  tax 
for  such  county  or  city. — 1872,  ch.  26G. 


DUTIES    OF    SUNDRY     PUBLIC    OFFICEES    UNDER 

THE  LAWS  RELATING  TO  REVENUE 

AND  TAXES. 


The  Act  of  1874,  chapter  483,  repeals  Art.  81  of  the  Public  General 
Laws,  relating  to  "Revenue  and  Taxes,"  and  enactG  as  follows : 

Repeal  not  to  Impair  Vested  High's,  &c. 

Sections  1  and  2  provide  that  the  said  repeal  shall  not  affect  or 
impair  any  right  vested  or  acquired  and  existing  at  tiie  time  of  said 
repeal  under  said  article,  or  any  section  thereof;  nor  shall  it  impair, 
discharge  or  release  any  contract,  obligation,  duty,  liability  or  pi-nitl- 
ty  whatsoever  now  existing;  but  that  all  suits  and  actions  pending, 
and  all  prosecutions  for  penalties,  crimes,  or  misdemeanors  under  said 
article,  including  all  civil  and  criminal  proceedings  whatsoever,  shall 
be  prosecuted  and  proceeded  with  to  iina!  determination,  and  judg- 
ment entered  therein  as  if  said  article  hud  not  been  repealed.  Also, 
that 

Sec.  2.  All  acts  or  parts  of  acts  heretofore  passed,  inconsistent  with 
the  provisions  of  this  article  as  re-enacted,  are  hereby  repealed. 

State  and  County  Taxes. 

Art.  81  Sec.  1.  All  State  and  county  taxes,  and  all  taxes  in  the 
City  of  Baltimore,  shall  lie  levied  upon  the  assessment  heretolore  made, 
and  such  further  assessments  as  may  hereafter  be  made  agreeably  to 
law,  unless  otherwise  directed  in  the  act  of  Assembly  levying  said 
taxes. 

Property  Liable  to  Taxation. 

Sec.  2.  All  property  of  every  kind,  nature  and  description  whatso- 
ever, within  this  State,  including  the  interest,  or  proportion  in  all 
shijis  or  other  vessels,  if  registered  in  a  port  of  Maryland,  whether  in 
or  out  of  port,  owned  by  residents  of  this  State;  all  debts  secured  by 
or  investments  in  private  securities  of  every  kind,  nature  and  descrip- 
tion, except  mortgages ;  all  shares  of  stock  in  any  bank,  State  or 
national,  or  in  any  institution  or  company  incorporated  by  or  located 
and  doing  business  in  this  State,  wdiether  owned  in  this  State  or  else- 
whore  ;  and  all  investments  in  securities  or  stocks  of  other  States  or 
countries,  or  in  any  incorporated  institution,  bank  or  company  incor- 
])orated  in  any  other  State,  county  (or  territory,  held  by  residents  of 
this  State,)  shall  be  liable  to  assessment  and  taxation,  except  as  here- 
inafter provided. 

Property  not  Taxable. 

Sec.  3.  The  provisions  of  the  preceding  section  shall  not  apply  to 
property  belonging  to  the  United  States,  to  this  State  or  to  any 
county,  or  incorporated  city  or  town  in  this  State,  to  houses  for  pub- 
lic worship,  including  parsonages,  with  the  grounds  ajjpurtenant 
thereto  necessary  for  the  use  thereof;  all  grave-yards,  cemeteries  and 
Inirying-grounds,  the  crojjs  and  produce  of  lands  in  the  hands  of  the 
producer  or  his  agent,  all  shares  of  capital  stock  of  building  associa- 


REVENUE    AND   TAXES.  363 

ti-^ns  of  which  the  funds  and  capital  stock  are  invested  in  mortynEres 
on  real  or  leasehold  propertj',  suliject  to  taxation  to  the  extent  of  such 
investment,  private  libniries  not  ki'])t  on  sale,  provisions  for  tiie  use 
antl  consumption  of  the  persons  to  whom  the  same  shall  belong,  and 
his  family,  ])!antation  utensils,  the  working  tools  of  mechanics  and 
manuliicturers  moved  or  worked  exclusively  by  hand,  and  the  articles 
nianulactured  by  them  whilst  in  their  possession  or  that  of  their  agt'iits 
unsold,  wearing  apparel  of  every  description,  fish  at  the  time  ti.-lier- 
men  may  be  employed  in  catching,  salting  and  jjacking  the  same,  or 
while  they  remain  in  their  possession  or  that  of  their  agents  unsold, 
household  manufactures,  the  Masonic  Temple  in  the  City  ol  Baltimore, 
and  lot  on  which  the  same  stands,  and  the  stock  issued'  for  ilie  build- 
ing of  the  same,  the  Bible  House.  Tract  House  and  German  Protest- 
ant Orphans'  Association  building,  in  the  City  of  Baltimore,  the  bridge 
over  the  Potomac  River,  between  Shepherdstown  and  "Washington 
county;  all  judgments,  notes,  securities  and  property  belonging  to 
any  bank  or  other  incorporated  institution  ot  this  State,  ])aying  its 
taxes  on  its  shares  of  capital  stock,  public  hospitals,  asylums  and 
other  incorporated  literary,  charitable  or  benevolent  iiis:t;tuti  ms, 
for  the  relief  of  the  indigent  or  afflicted,  and  the  lots  or  lands  appur- 
tenant, not  exceeding  forty  acres,  with  all  their  furniture  and  equip- 
ments, liljraries  and  scientific  instruments,  and  stocks  and  securities 
held  by  such  literary,  charitable  or  benevolent  institutions,  shall  be 
exempt  from  taxation  for  State  or  local  {purposes;  provided,  the  v;hole 
value  of  such  stocks  or  securities  held  by  any  one  of  said  institutions 
so  exeini:)t,  shall  not  exceed  the  sum  of  fifteen  thousand  dollars,  and  that 
all  the  other  property  of  such  institutions  shall  be  liable  to  assess- 
ment and  taxation,  as  other  property  in  the  hands  of  individuals  or 
other  corijoratious. 

Pro2yerty  Under  $100  not  Assessed. 
Sec.  4.  No  person  who  is  not  assessed  to  the  sum  of  at  least  one 
hundred  dollars  shall  be  required  to  pay  any  tax. 

Duties  of  Assessors. 

Sec.  5.  Every  assessor  appointed  by  the  Mayor  and  City  Council 
of  Baltimore  city,  and  every  collector  of  State  ami  County  taxes  in  this 
State,  shall  annually  inform  himself,  by  all  lawful  means,  of  all  prop- 
erty, stocks  or  investments  in  his  county,  district  or  city  liable  to  tax- 
ation, and  which  may  have  been  omitted  in  the  assessment,  and  all 
buildings  and  improvements,  and  all  i^roperty  created  or  acquired 
since  said  assessment,  and  shall  value  the  same  at  the  full  cash  value 
thereof,  and  shall  make  return  thereof  to  the  County  Commissioners,  or 
Appeal  Tax  Court  if  in  the  City  of  Baltimore;  and  for  the  purposes 
of  this  section,  the  said  collectors  and  assessors  are  hereby  clothed 
v;'ith  the  powers  of  general  assessors,  and  their  valuation  shall  be  sub- 
ject to  reversion  and  correctiou  by  the  County  Commissioners  and 
Appeal  Tax  Court. 

Compensation  of  Collectors,  &e. 
Sec.  6.  The  collectors  and  assessors  shall  be  allowed  such  compen- 
sation for  the  performance  of  their  duties  as  assessors  as  the  County 
Commissiojiers  or  Judges  of  the  Appeal  Tax  Court  of  Baltimore  may 
allow. 


804  REVENUE   AND   TAXES. 

Duties  of  (JlerTea  of  Courts. 

Bro.  7.  Tlio  clerks  of  the  circuit  courts  for  the  conntieg  shall  each, 
annually,  between  the  I'rst  of  January  and  the  first  of  March,  transmit 
to  the  County  Commissioners  of  his  county  a  list  of  all  the  alienations 
of  projDerty,  chancery  sales,  made  by  trustees  and  finally  ratified,  and 
all  jucipmc'iits  and  decrees  recorded  in  his  said  office  or  rendered  in 
his  court,  since  he  last  furnished  a  list  of  the  same,  which  list  shall 
show  the  property  alienated,  and  the  amount  due  on  the  judgments  or 
decrees,  so  as  to  enable  the  County  Commissioners  to  assess  the  parties 
to  whom  the  property  is  conveyed  or  money  due;  and  the  clerks  of 
the  several  courts  in  the  City  of  Baltimore  shall  annually,  within  the 
same  period,  furnish  the  Apj^eal  Tax  Court  with  a  similar  list  ibr  the 
like  pui-pose ;  and  the  clerks  shall  be  allowed  ten  cents  for  each  alien- 
ation, judgment  or  decree,  to  be  paid  by  the  county  or  city  to  which 
the  list  may  be  furnished.  In  all  cases  of  the  renewals  of  judgments 
by  scire  facias^  the  said  clerks  shall  return  the  date  of  the  first  and 
also  the  original  judgment,  and  the  same  judgment  shall  not  be  taxed 
twice  at  the  same  time  by  the  County  Commissioners  or  Appeal  Tax 
Court. 

Duties  of  Registers  of  Wills. 

Sec.  8.  The  several  registers  of  wills  in  this  State  shall  annually, 
on  or  before  tlie  first  day  of  March,  return  to  the  County  Commissioners 
or  Appeal  Tax  Court,  a  summary  account  of  all  property  that  shall 
appear  by  the  records  of  the  several  orphans' courts  to  be  in  the  hands 
of  each  executor,  administrator  or  guardian  as  such;  and  all  such 
proj^erty,  if  not  before  assessed,  shall  then  be  assessed ;  and  every 
executor,  administrator  or  guardian  shall  be  liable  to  pay  the  taxes 
levied  thereon,  and  shall  be  allowed  therefor  by  the  orphans'  court  in 
his  accounts;  and  the  said  register,  for  the  duties  imposed  by  this 
section,  shall  be  allowed  such  compensation  as  the  County  Commission- 
ers or  Aj^peal  Tax  Court  may  deem  25roper.  Any  clerk  or  register 
failing  to  i^erform  the  duties  imposed  by  this  article  shall  be  guilty  of 
a  misdemeanor,  and  shall  be  liable  to  indictment,  and  on  conviction 
shall  be  fined  not  exceeding  one  hundred  dollars. 

Discoveries  of  Assessable  Property. 
Sec.  9.  In  all  cases  where  discoveries  of  assessable  property  are 
made  1)y  the  collectors.  County  Commissioners  or  Appeal  Tax  Court 
of  Baltimore  city,  either  from  the  returns  of  clerks,  registers  or  assess- 
ors, or  in  any  other  way,  the  said  County  Commissioners  or  Appeal 
Tax  Court  shall  assess  and  ?.dd  the  same  to  the  amount  on  which  taxes 
are  to  be  levied. 

Duties  of  Commissioner  of  the  Land  Office. 
Sec.  10.  The  Commissioner  of  the  Land  OflRce  shall,  annually,  be- 
tween the  first  day  of  January  and  the  first  day  oi  March,  make  out 
and  transmit  throuLjh  mail  to  the  County  Commissioners,  or  to  the 
Mayor  of  the  City  of  Baltimore,  to  l>e  laid  before  the  Appeal  Tax 
Court,  a  list  of  all  certificates  which  have  become  ready  for  patent, 
expressing  the  name  ol  the  land,  the  quantity  it  contained,  and  the 
person  who  is  entitled  to  patent,  and  in  case  of  re-survey  when  va- 
cancy has  been  added,  the  names  of  the  original  tracts  and  the  quan- 
tity of  vacancy  added. 


REVENUE   AND   TAXES.  365 

Aliened  Pro-perty. 
Sec.  11.  No  person  shall  Ik' cliaryeal)le  with  the  assessment  of  prop- 
erty which  he  may  have  alioned,  but  the  same  shall  be  chargeable  to 
the  alienee,  and  the  County  Commissioners  and  Appeal  Tax  Court 
shall  from  time  to  time  correct  the  account  of  any  ])erson  who  may 
have  parted  witli  the  possession  of  any  property,  and  the  same  so 
taken  off,  shall  be  chaiged  to  the  person  who  may  have  acquired  pos- 
session of  the  property,  unless  the  same  shall  have  been  removed  lioui 
the  county  or  city. 

Duties  of  County  Coinmissioners  and  the  Appeal  Tax  CaiiH. 
Sec.  12.  The  County  Commissioners  and  Appeal  Tax  Court,  at  their 
annual  meeting  for  noting  transfers  and  hearing  appeals,  are  directed 
to  alter  and  correct  the  account  of  any  person  who  may  have  disposed 
of  or  acquired  any  pro])erty  since  the  last  assessment,  or  whose  prop- 
erty or  any  part  thereof  may  have  been  omitted,  if  the  report  ol'  such 
disposition,  acquisition  or  omission,  be  supplied  by  satisfactory  evi- 
dence, and  if  real  estate  or  other  property  shall  from  any  cause  have 
increased  largely  in  value  since  the  last  assessment,  the  Ci)unty  Com- 
missioners or  Appeal  Tax  Court  shall  correct  and  alter  the  asseii4iu\eat 
of  the  same,  so  as  to  conform  to  its  present  value. 

Duties  of  the  Mayor  and  City  Council  of  Baltimore. 

Sec.  13.  The  Mayor  and  City  Council  of  Bnltimore  shall  anntjally 
appoint  a  board  to  consist  of  at  least  three  persons,  to  be  styled  the 
Appeal  Tax  Court,  who  shall  meet  from  time  to  time  for  the  purpose 
of  hearing  appeals,  and  making  transfers,  and  correcting  the  accounts 
of  assessable  property  charged  to  tax  payers,  and  the  assessment 
thereof;  the  said  mayor  and  city  council  may  also  appoint  such  num- 
ber of  assessors  as  they  may  deem  necessary  in  investigating  and  as- 
certaining all  omitted  property,  and  assessing  and  rvjturuiug  tlie  same 
to  the  Appeal  Tax  Court. 

Vacancies  to  te  Filled. 

Sec.  14.  The  Mayor  and  City  Council  shall  fill  all  vacancies  in  said 
Appeal  Tax  Court,  as  soon  as  practicable  after  any  may  happen 
therein,  in  the  manner  provided  for  in  such  cases  of  vacancies  of  other 
city  officers ;  and  the  members  of  said  board  shall  receive  such  com- 
pensation as  the  Mayor  and  City  Council  shall  provide  to  be  paid  by 
the  city. 

Oath  to  le  TaJcen. 

Sec.  15.  The  persons  appointed  to  compose  said  Appeal  Tax  Court 
and  the  said  assessors  shall,  before  they  enter  upon  the  perforniMncc 
of  their  duties,  take  an  oath  before  the  Mayor  of  Baltimore  City  that 
they  will  well  and  faithfully  perform  the  duties  required  by  law. 
v/ithout  favor,  affection  or  partiality. 

Relating  to  Alloicance  or  Deduction. 
Sec.  16.  Whenever  any  person  shall  make  api)lication  for  an  allow- 
ance or  deduction  on  account  of  the  sale,  transfer,  alienation,  loss  or 
removal  of  anv  ])roperty,  or  the  collection  or  payment  of  any  public 
or  private  security  lor  money,  the  County  Commissioners  or  A])j)eal 
Tax  Court  shall  interrogate  him  on  oath  in  reference  thereto,  and  the 


866  REVENUE   AND   TAXES. 

disposal  of  the  same,  and  especially  inquire  of  bira  to  wliom  the  same 
has  been  sold  or  transterred.  and  the  amount  of  the  puichase  money 
or  the  money  collected,  and  how  the  same  has  been  invested. 
Persons  to  he  Interrogated,  &c. 

Sec.  17.  They  shall  also  interrogate  said  person  on  oath  in  reference 
to  ;iny  acquisitions  or  investments  made  by  him,  and  not  already 
asse-scd,  and  the  amount  of  all  such  acquisitions  and  investments 
shall  be  added  to  his  assessable  property,  and  if  he  refuses  to  answer, 
no  allowance  or  deduction  shall  be  made  on  his  assessment;  they 
shall  also  have  power  to  summon  before  them  any  person  whom  they 
may  know  or  be  credibly  informed  has  acquired  new  property,  or 
whose  account  of  taxable  property  may  in  their  judgment  require 
revision  and  correction,  and  examine  such  person  on  oath  touching' 
the  same  ;  and  any  ])erson  so  summoned,  and  refusing  to  appear,  or  to 
be  sworn,  or  to  answer  touching  said  account  or  property,  shall  be 
liable  to  prosecution  therefor,  and  upon  conyicticm  belbie  a  justice  of 
the  peace,  shall  be  lined  not  exceeding  htty  dollars  for  each  otfeuce. 

Change  of  Residence. 

Sec.  18.  Every  person  who  shall  remove  to  any  county  or  city  f)'om 
the  county  or  city  in  which  his  property  has  been  asicrised.  or  iri)m 
any  other  place  without  the  State,  and  whose  personal  property  has 
not  been  assessed  for  the  county  or  city  to  which  he  has  removed,  or 
any  other  person  whose  property  or  some  part  thereof  has  not  lieen 
assessed,  shall,  when  required  by  the  coUecter  of  the  county  in  which 
his  personal  property  or  the  personal  property  under  his  care  or 
management  doth  lie,  or  by  the  Appeal  Tax  Court  for  the  City  of 
Baltimore,  give  to  such  collector  or  Appeal  Tax  Court,  a  full  and 
particular  account  of  his  personal  property  in  said  county  or  city,  and 
of  all  the  personal  2:)roperty  in  his  possession  or  under  his  care  and 
management,  liable  to  be  assessed,  and  which  before  that  time  shall 
not  have  been  assessed  in  the  said  county  or  city,  and  the  name  of  the 
person  to  whom  it  belongs. 

Penalty  for  Neglect  to  Render  Account. 
Sec.  19.  If  any  person  shall,  when  required  by  a  collector  or  by  the 
A])peai  Tax  Court,  or  alter  ten  days'  notice,  neglect  to  render  the 
account  required  in  the  last  preceding  sections,  he  shall  forfeit  a  sum 
not  exceeding  one  thousand  dollars,  and  the  collector  or  Api)cal  Tax 
Court  shall,  on  his  or  their  own  knowledge,  and  on  the  best  informa- 
tion he  or  they  can  obtain,  value  the  property  of  such  person  to  the 
utmost  sum  he  or  they  believe  the  same  to  be  worth  in  cash ;  and  in 
his  or  their  return  of  said  valuation,  he  or  they  shall  certify  the  said 
refusal  or  neglect,  and  the  county  commissioners  or  Ap])eal  Tax  Court 
shall  assess  such  person  according  to  the  sum  so  returned,  and  the 
same  shall  be  collected  as  the  assessment. 

Removal  of  Properly. 

Sec.  20.  Whenever  any  person  shall  ap])ly  to  the  County  Commis- 
sioners or  Appeal  Tax  Court  for  allowance  or  deduction  on  account 
of  the  removals  of  properly  from  one  county  to  another,  the  County 
Commissioners  or  said  Court  to  wlumi  the  application  shall  be  made, 
shall  ascertain  of  the  party  applying,  to  what  place  within  the  State 
the  pro])erty  has  i)een  removed,  and  shall  inform  the  proper  authori- 
ties of  the  place  to  which  the  property  is  removed,  of  the  fact  of  such 
ri.niovul. 


REVENUE   AND   TAXES.  8G7 

Amou7it  of  Tax  Levied  Anmially. 
Sec.  21.  The  County  Commissioners  of  the  several  counties  of  this 
Statd,  and  the  Mayor  and  City  Council  of  Baltimore  city,  are  hereby 
directed  to  levy  annually  the  State  taxes  to  be  collected  according  to 
law.  and  to  be  apportioned  as  follows:  an  annual  tax  of  live  and  one- 
half  cents  on  each  one  hundred  dollars,  to  meet  the  interest  and  to 
create  a  sinking  fund  lor  the  redemjition  of  the  defence  or  bounty 
loan;  an  annual  tax  of  twelve  cents  on  each  one  hundred  dollars,  to 
aid  in  the  support  of  the  public  schools,  to  l>e  distributed  according 
to  law  among  the  several  counties  and  the  City  of  Baltimore;  a  tax 
of  one-half  of  one  cent  on  each  one  hundred  dollars,  to  meet  the  in- 
terest and  create  a  sinking  fund  for  the  redemption  of  the  bonds  of 
the  southern  relief  loan ;  a  tax  of  one-fourth  of  one  cent  on  each  one 
hundred  dollars,  to  meet  the  interest  and  create  a  sinking  fund  for 
the  redemption  of  the  bonds  of  the  Deaf  and  Dumb  Asylum  loan; 
and  a  tax  of  three-fourths  of  a  cent  on  each  one  hundred  dollars,  to 
meet  the  interest  and  create  a  sinking  lund  for  the  redemption  of  the 
bonds  of  the  Maryland  Hosi^ital  loan,  and  such  other  State  tax  or 
taxes  as  may  from  time  to  time  be  prcscriljcd  by  law;  and  the  Comp- 
tioller  of  the  Treasury  shall  annually  levy  the  same  State  taxes  on  the 
shares  of  capital  stock  of  all  banks.  State  or  National,  and  other  in- 
corjiorated  institutions  and  companies  in  this  State,  the  shares  of 
whose  capital  stock  are  by  law  liable  to  assessment  and  taxation. 

Alphabetical  List  of  Property  Oicner's. 

Sec.  22.  The  County  Commissioners  and  Appeal  Tax  Court  shall 
direct  their  clerk  to  enter  and  record  in  a  book  or  books  to  be  pro- 
vided for  the  purpose,  an  accurate  and  fair  account  of  all  property  of 
every  sort  within  their  county  or  city,  and  the  valuation  thereof,  and 
an  alphabetical  list  of  the  owners  thereof  properly  arranged  accord- 
ing to  the  election  districts  in  the  several  counties,  and  according  to 
the  several  wards  in  the  city  of  Baltimore,  which  any  person  may  in- 
spect without  fee  or  reward. 

Duty  of  Clerics. 

Sec.  23.  The  said  clerks  shall  transmit  to  the  Comptroller,  annually, 
within  thirty  days  after  the  annual  levyof  taxes  for  the  State,  a  re- 
turn of  the  assessments  of  property  in  each  county  and  the  city  of 
Baltimore,  showing  the  amount  thereof,  and  the  amount  placed  in  the 
hands  of  each  collector  of  such  county  or  city;  and  for  neglecting  or 
refusing  to  perform  this  duty,  the  clerk  so  neglecting  or  refusing,  shall 
be  subject  to  presentment,  and  upon  conviction  thereof,  in  the  circuit 
court  lor  the  county  or  the  criminal  coart  ol'  Baltimore,  to  a  penalty 
of  one  hundred  dollars  lor  the  use  of  the  State. 

Duties  of  Staters  Attorney. 

Sec.  24.  The  State's  Attorney  of  the  county  or  city  shall  give  in- 
formation of  such  neglect  or  refusal  to  the  grand  jury  ut'  tlie  county 
or  city,  upon  being  advised  thereof  by  the  Com})troller. 
Duty  of  County  Commissioner's. 

Sec.  25.  It  shall  be  the  duty  of  the  County  Commissioners  of  the 
several  counties,  and  Mayor  and  City  Council  of  the  city  of  Balti- 
more, annually,  on  or  before  the  third  Tuesday  of  Aj)ril,  to  impose 
the  State  taxes  jprescribud  by  law;  and  if  the  County  Commissiouers 


368  REVENUE   AND   TAXES. 

of  any  county,  or  the  Mayor  and  City  Council  of  the  city  of  Balti- 
more, sbiill  fail  to  impose  the  said  taxes  before  the  first  day  of  July 
iu  any  year,  the  clerk  of  the  said  County  Commissioners  or  Register 
of  the  city  of  Baltimore,  as  the  case  may  be,  shall  give  notice  thereof 
to  the  Governor,  within  twenty  days  after  sucli  failure,  and  thereupon 
the  Governor  shall  appoint  a  tax  board  of  three  pt)rs<uis,  in  the  county 
or  city  so  failing,  a  majority  of  wliom  shall  have  power  to  act,  and 
whose  duty  it  shall  be  flirthwitli  to  levy  said  taxes  and  place  the  same 
in  the  liauds  of  the  collectors  of  the  tax  for  such  county  or  city. 

Governor  not  Beatricted. 

Sec.  26.  In  appointing  such  boards,  the  Governor  shall  not  be  re- 
stricted to  any  particular  county,  but  may  take  them  Irom  any  part 
of  the  State. 

Duties  of  ClerTis  and  Registers. 

Sec.  27.  The  clerk  of  the  County  Commissioners,  or  of  the  Appeal 
Tax  Court,  or  Register  of  the  city  of  Baltimore,  shall  lay  belbre  the 
said  boards  the  returns  of  the  said  assessors,  with  all  corrections 
made  thereto;  and  if  any  clerk  or  register  shall  fail  to  comply  with 
the  provisions  of  this  or  the  preceding  section,  he  shall  be  liable  to 
indictment  therefor,  and  upon  conviction  shall  be  lined  not  exceeding 
one  thousand  dollars. 

Compensation  Three  DoUars  per  Day. 

Sec.  28.  The  members  of  said  board  shall  each  receive  tlie  sum  of 
three  dollars  for  each  day  they  nuiy  be  engaged  in  the  discharge  ol 
their  duties,  not  exceeding  twenty  days,  to  be  levied  by  them  on  the 
county  or  city  for  which  they  may  be  appointed,  and  collected  for 
their  use  by  the  collector  of  State  taxes  thereof. 

Duties  of  Clerks,  <&c. 

Sec.  29.  The  clerks  of  the  County  Commissioners  and  the  Register 
of  the  city  of  Baltimore  shall,  immediately  after  the  imposition  of  a 
tax  for  the  use  of  the  State,  transmit,  by  mail,  to  the  Comptroller,  a 
certificate  stating  that  such  tax  was  imi)oseil.  and  the  date  of  the  im- 
position thereof,  the  amount  of  the  assessable  property  liable  thereto, 
and  the  name  or  names  of  the  collector  or  collectors  thereof,  with  a 
copy  of  his  or  their  bond  or  bomls,  together  with  their  post-office 
address. 

Appointment  of  Collectors. 

Sec.  30.  The  County  Commissioners  in  the  several  counties,  and 
the  Mayor  and  City  Council  of  Baltimore,  shall,  on  or  before  the  ihird 
Tuesday  in  April  in  each  year,  or  as  soon  as  thereafter  may  be,  appoint 
a  collector  or  collectors  of  their  respective  counties,  and  one  collector 
for  Baltimore  city,  lor  the  collection  of  all  State  taxes  levied,  or  to  be 
levied  tor  the  current  year;  and  it  shall  not  be  lavvl'ul  f >r  the  local 
authorities  of  the  said  counties  to  provide  any  fixed,  annual,  or  other 
stated  compensation  for  the  collection  of  the  State  taxes;  nor  shall 
the  County  Commissioners  ))rovi(le  a  salary  of  any  kind,  or  any  other 
compensation,  to  the  saiil  collectors,  for  their  services  in  collecting 
the  State  and  county  taxes,  otherwise  than  by  a  per  centum  ou  the 
amount  of  their  collections  as  contemplated  in  this  article. 
Collectors  of  County  Tares  to  Give  Bond. 

Sec.  31.    Every  collector  of  couuty  taxes,  beliu'c  he  acts  as  such. 


K.EVENUE    AND   TAXK3.  dOJ 

shall  give  bond  to  the  State  of  Marvlaiid  in  penalty  of  douMe  the 
amount  of  such  taxes  to  Ije  collected  by  him,  with  E^ood  and  siitricicnt 
securities,  to  be  approved  by  the  County  Commissioners;  and  ihe 
collector  of  city  taxes  in  the  city  of  B.dti more,  before  he  acts  as  puch, 
shall  give  bond  in  such  penalty  as  may  be  prescribed  by  the  ordi- 
nances of  the  Mayor  and  City  Council,  to  be  a])proved  by  tlic  Mayor 
and  Presidents  of  both  branches  of  the  City  Council,  or  any  two  of 
tlum,  the  Mayor  beinsf  one,  with  the  condition  that  if  the  above 
bound  sLall  well  and  faithfully  execute  his  ollico,  and  shall  ac- 
count for  and  pay  to  the  County  Commissioners,  or  to  the  May.ir  and 
City  Council  of  the  city  of  Baltimore,  if  in  said  city,  or  thuir  order, 
the  several  sums  of  money  which  lie  shall  receive  for  the  county  or 
city,  as  the  case  may  be,  or  be  aiis\verabl<j  for  by  law,  at  such  time  as 
the  law  shall  direct;  then  the  said  obligation  to  be  void,  otlu-rwise 
to  be  and  remain  in  full  force  and  virtue  in  law ;  and  every  collector 
of  State  taxes  appointed  by  the  County  Commissioners,  shall  also 
give  a  separate  bond  to  the  State  of  Maryland  in  a  penalty  double 
ihe  amount  of  the  tax  to  be  collected  by  him,  with  good  and  sufficient 
securities,  to  be  approved  by  the  Governor,  with  the  conditi(ui  that  if 

tiie  above  bound shall  well  and  faithlully  execute  his  office,  and 

shall  ;iccount  for  to  the  Comptroller,  and  pay  to  the  Treasurer  of  the 
State  the  several  sums  of  money  which  he  shall  receive  for  the  State, 
or  be  answerable  for  by  law,  at  such  times  as  the  law  shall  direct, 
then  the  said  obligation  to  be  void,  otherwise  to  remain  in  lull  force 
and  etiect. 

Collectors  of  State  Taxes  to  Give  Bond. 

Sec.  32.  Every  collector  of  State  taxes  in  the  city  of  Baltimore, 
before  he  acts  as  such,  shall  give  a  bond  to  the  State  of  MaryLind  in 
a  penalty  of  seventy-tive  thousand  dollars,  to  be  approved  by  the 

Governor,  with  the  condition  that  if  the  above  bound shall  well 

and  faitiifuUy  execute  his  office,  and  shall  account  with  the  Comp- 
troller for,  and  jjay  to  the  Treasurer  of  the  State,  the  several  sums  of 
money  which  he  shall  receive  for  the  State,  or  be  answerable  for  by 
law  at  such  times  as  the  law  shall  direct;  tlien  such  obligation  to  be 
void,  otherwise  to  remain  in  full  force  and  virtue  in  law  ;  the  said 
collector's  bonds,  when  approved  by  the  County  Commissitmers,  shall 
be  recorded  in  the  office  of  the  clerk  of  the  Circuit  Court  of  the  re- 
spective counties;  when  approved  by  the  proper  authorities  in  the 
city  of  Baltimore,  shall  be  recorded  in  the  office  of  the  clerk  of  the 
Superior  Court  of  Baltimore  city,  and  when  approved  by  The  Gov- 
ernor, shall  be  tiled  in  the  office  of  the  Comptroller  of  the  Treasury. 
Collectors  to  Make  Daily  Deposits. 

Src.  83.  Every  collector  of  State  taxes  in  the  city  of  Baltimore, 
shall  nud<e  daily  deposits  of  such  sums  of  money  as  he  shall  receive 
for  State  taxes  collected  by  him,  less  the  amount  of  commission  al- 
lowed him  for  the  collection  of  the  same,  to  the  credit  of  the  Treas- 
urer of  the  State  of  Maryland,  in  some  bank  in  said  city,  which  i^ays 
to  the  State  the  bonus  or  school  tax  as  provided  by  law,  to  be  desig- 
nated liy  the  said  Treasurer,  and  shall  send  to  the  Treasurer  a  state- 
ment of  the  amount  so  deposited,  within  the  first  ten  days  of  each 
niMiith,  with  a  certificate  of  the  bank  that  the  same  is  so  deposited, 
and  I'll  failure  to  make  such  daily  deposits,  and  to  send  such  certifi- 
cate, he  shall,  on  proof  thereof,  to  the  satJsJuction  of  the  Governor, 


370  BE  VENUE   AND   TAXES. 

be  liable  to  removal  from  office  by  the  Governor,  and  the  Comptroller 
shall  immediately  enter  suit  upon  his  bond. 

State  Treasurer  may  MaJce  WeeUy  Examinations. 

Sec.  34.  The  Treasurer  of  the  State  may  make  weekly  examinations 
of  the  books  of  the  collector  of  State  taxes  in  Baltimore  city,  whose 
books  shall  always  be  open  to  such  inspection. 

Fo)-m  of  Oath. 

Sec.  35.  Every  collector,  before  he  acts  as  such,  shall  take  the  fol- 
lowing oath  :  I, ,  collector  of ,  do  swear  that  I  will  well 

and  truly  execute  the  duties  imj^osed  upon  me  by  law,  and  that  I  will 
justly  and  impartially  value  all  property  which  I  shall  be  authorized 
to  value  according  to  the  best  of  my  skill  and  judgment,  and  that  I 
will  not  either  directly  or  indirectly  make  any  profit  of  the  money 
collected  by  me  by  the  use  thereof  in  any  manner  whatever ;  which 
oath  may  be  administered  by  the  clerk  of  the  Circuit  Court  for  the 
county,  or  the  clerk  of  the  Superior  Court  of  said  city,  and  a  certifi- 
cate thereof  under  seal  shall  be  filed  with  the  County  Commissioners, 
or  Register  of  the  city  of  Baltimore,  as  the  case  may  be. 

Failure  to  Give  Bond. 

Sec.  36.  If  any  collector  shall  fail  to  give  bond  as  herein  required, 
within  twenty  days  after  his  appointment,  the  County  Commissioners 
or  Mayor  and  City  Council  of  Baltimore,  as  the  case  may  be,  shall 
immediately  appoint  another  in  his  place,  and  shall  continue  after 
twenty  days  to  make  such  appointment  until  a  collector  shall  give 
bond  as  directed. 

Cl^rTcs  to  Inform  the  Governor. 

Sec.  37.  The  clerks  of  the  County  Commissioners  and  the  Register 
of  the  city  of  Baltimore,  shall,  annually,  on  or  before  the  first  day  of 
May,  infi^rm  the  Governor  whether  there  is  in  tlieir  several  counties 
and  the  said  city,  a  collector  or  collectors  of  the  State  taxes,  duly 
appointed  in  conformity  with  the  provisions  of  this  article,  and  shall 
state  whether  a  per  centum  of  the  said  collections  has  been  allowed 
said  collectors  for  their  services  as  therein  provided,  and  if  so,  to 
what  extent. 

Governor  to  Appoint  Collectors. 

Sec.  38.  If  there  be  no  collector  of  State  taxes,  qualified  ana  com- 
pensated in  conformity  with  the  foregoing  jDrovisions  in  any  of  the 
counties  or  in  said  city,  by  the  fifteenth  day  of  May  in  any  year,  the 
Governor  shall  appoint  from  any  part  of  the  State,  a  collector  or  col- 
lectors for  the  said  county  or  the  said  city,  who  shall  give  bond  with 
sureties  to  be  approved  by  the  Governor,  and  be  in  all  respects  on  a 
footing  with  other  State  collectors'  bonds  as  provided  in  this  article, 
and  the  said  collector  shall  have  all  the  powers  of  other  collectors. 

On  Failure  to  Give  Bond. 
Sec.  39.  If  any  collector,  appointed  under  the  last  preceding  sec- 
tion, shall    fail  to  give  bond  within  thirty  days,  the  Governor  shall 
a])point  another  in  his  place,  and  so  on  alter  every  interval  of  thirty 
days,  until  a  collector  shall  qualify. 

Separate  Collector  may  he  Appointed. 
Sec.  40.  A  separate  collector  may  be  appointed  to  collect  the  State 


REVENUB   AND   TAXE8.  371 

taxefj  in  any  of  the  counties  or  the  city  of  Baltimore ;  and  if  so  ap- 
pointed, shall  give  bond  as  hereinljefure  required. 
Clerks  to  Keep  Accurate  Accounts. 
Sec.  41.  The  clerk  of  the  County  Commissioners  in  each  county 
and  of  the  Ai)pcal  Tax  Court  in  the  city  of  Baltimore,  shall  keep  an 
accurate  account  of  tlie  assessment  or  rate  of  taxes  assessed  upon  the 
taxalile  property  of  his  counly  or  city,  and  liow  such  assessment  is 
disposed  ol,  in  a  book  to  be  kept  for  that  purjjose  ahme;  and  said 
clerks  shall,  within  ten  days  after  such  assessment,  deliver  a  iair  copy 
thereof  to  the  collector  or  collectors  of  his  county  or  city,  or  a  copy 
of  so  much  thereof  us  it  shall  be  his  duty  to  collect. 

Directions  to  Collectors. 

Sec.  42.  Every  collector,  receiving  a  copy  of  such  assessment  or 
rate,  shall,  within  thirty  days  thereafter,  proceed  to  collect  the  same, 
and  shall  pay  the  county  and  city  taxes  to  the  County  Commissioners, 
or  to  the  Mayor  and  City  Council,  as  the  case  may  be,  or  their  order, 
within  six  months  after  receiving  the  copy  aforesaid  ;  and  all  moneys 
levied  for  eilucational  purposes  by  the  County  Commissioners  of  the 
several  counties,  shall  be  levied  separately  and  distinctly  from  the 
other  items  of  taxation,  and  a  list  thereof  fnrnished  to  the  school 
commissioners  of  the  said  counties;  and  the  collector  shall  make  re- 
turn of  all  said  tax  collected  upon  the  days  required  by  law  for  the 
retui'u  of  the  State  school  taxes;  if  any  si'ch  collector  shall  fiil  to 
pertorm  his  duties  as  directed  in  this  section,  said  collector  shall  be 
liable  to  prosecution,  and  on  conviction,  shall  be  fined  not  less  than 
one  hundred  nor  more  than  live  hundred  dollars,  in  the  discretion  of 
the  court. 

Liability  to  Indictment  for  Faihtre  to  Perform  Duties. 

Sf.c.  43.  If  the  County  Commissioners  or  Appeal  Tax  Court,  or 
their  cleiks,  shall  fail  or  reluse  to  deliver  to  the  collectors  copies  of 
the  said  levy  lists,  or  if  they  shall  in  any  other  way  impede,  hinder  or 
delay  the  said  collectors  in  the  discharge  of  their  duties,  they  shall 
individually  be  liable  to  indictment  in  the  Circuit  Court  lor  the 
county,  or  the  Criminal  Court  of  Baltimore,  and  upcm  conviction 
thereof,  forfeit  and  pay  the  sum  of  one  thousand  dollars,  for  the  use 
of  the  State,  or  the  said  sum  may  be  recovered  by  action  of  debt  in 
the  name  of  the  State,  instituted  against  the  parties  in  defiuir,  jointly 
and  severally,  by  the  State's  Attorney,  upon  the  requisition  of  the 
Governor. 

When  Collectors  shall  Account  for  Tares. 

Skc.  44.  Every  collector  of  State  taxes  shall  account  for  and  pay  to 
the  Treasurer  two-thirds  thereof  by  the  first  day  of  .Jaiuuiry  .succeed- 
ing the  date  of  levy  of  the  said  taxes,  and  the  remaining  tliird  by  the 
tirst  day  of  April  thereafter. 

Wlten  Taxes  shall  be  Paid. 

Sec.  45.  All  persons  and  incorporated  institutions  that  shall  pay 
their  State  taxes  on  or  l)efKre  the  first  day  of  September  of  the  year 
for  which  tliey  were  levied,  shall  be  entitled  to  u  deduction  of  five 
l)er  centum  on  the  amount  ol  said  taxes;  all  that  shall  pay  the  same 
on  or  before  the  first  day  of  October  of  the  said  year,  shall  be  entitled 


372*  REVENUE    AND    TAXES. 

to  a  deduction  of  four  per  centum;  and  all  that  shall  pay  the  same 
on  or  before  tlie  first  day  of  November  ol  the  said  yar  shall  be  enti- 
tled to  ii  tleduction  of  three  per  centum  ;  and  at  the  time  of  receiving 
said  taxes  the  proper  oflicers  shall  make  the  deductions  aforesaid  and 
note  the  same  ui)on  the  receipts  given  to  the  persf>ns  or  incorporated, 
institutions  so  ])ayin<r;  but  nothing  herein  contained  shall  extend  to 
the  taxes  payal^leon  the  public  debt  of  Mar^'laud  or  the  stock  loans 
of  the  city  of  Baltimore. 

Taxes  to  he  Liens  on  Real  Estate. 

Sec.  46.  All  State  and  county  or  municipal  taxes  shall  be  liens  on 
the  real  estate  of  the  party  indebted  from  the  time  the  same  are  levied. 
Percentage  Alhioed  Collectors. 

Skc.  47.  Every  collector  shall,  on  all  sums  paid  by  him  to  the 
Treasurer,  on  or  before  the  fifteenth  day  of  September  of  the  year  for 
which  the  taxes  were  levied,  be  allowed  a  deduction  of  tive  i)er  cent. ; 
on  all  sums  paid  by  him  on  or  before  the  fifteenth  day  of  October  of 
the  said  year,  a  deduction  of  four  per  cent. ;  and  on  all  sums  paid  by 
him  on  or  belore  the  fifteenth  day  of  November  of  the  said  year,  a 
deduction  of  three  per  cent.;  which  deduction  shall  in  each  case  be 
noted  by  the  Treasurer  upon  the  receipt  given  to  said  collector.  And 
it  is  the  meaning  of  this  section  that  the  said  deductions  shall  be 
made  from  the  gross  amount  of  the  State  taxes  placed  for  collection 
in  the  hands  of  said  collector,  and  shall  not  be  in  addition  to  tht)se 
made  in  favor  of  the  tax  payers. 

Didress  or  Execution. 

Sec.  48.  Whenever  a  collector  shall  find  it  necessary  to  proceed  by 
way  of  distress  or  execution  to  collect  State  or  any  other  taxes,  he 
shall  first  leave  with  the  party  by  whom  the  taxes  are  to  be  paid,  or 
with  one  of  them  if  more  than  one,  or  at  his  or  their  usual  plaee  of 
abode,  or  at  the  usual  place  of  abode  of  one  of  them,  if  said  parties 
or  any  of  them  reside  in  said  county  or  city ;  or  if  none  of  the  said 
parties  live  in  the  said  county  or  city,  set  up  the  same  on  the  land  or 
premises  where  land  or  other  real  estate  is  to  be  distrained  or  sold, 
or  deliver  to  any  person  in  possession  thereof,  a  statement  showing 
the  aggregate  amount  of  property  of  every  description  with  which 
the  person  is  assessed,  and  the  amount  of  the  taxes  due  thereon,  with 
a  notice  annexed  thereto,  that  unless  the  taxes  so  due, are  paid  within 
thirty  days  thereafter,  he  will  proceed  to  collect  the  same  by  way  of 
distress  or  execution,  to  be  levied  on  said  real  or  personal  property. 

Mode  of  Proceeding. 

Sec.  49.  After  the  proceedings  required  by  the  preceding  section 
shall  have  been  had,  if  the  said  taxes  are  not  then  paid,  the  collector 
shall  levy  upon  any  property  of  the  delinquent;  and  after  giving 
twenty  days'  notice  of  the  time  and  place  of  sale,  by  advertisement 
in  at  least  one  news]iaper  in  the  county  or  city  where  a  newspaper  is 
l)ublislied,  and  also  by  notice  stuck  up  at  the  court-house  d(n)i-;  and 
if  no  newspaper  is  jjrinted  in  the  county,  then,  in  atldition  to  the 
notice  at  the  court-house  door,  at  two  other  i^ublic  places  in  the 
neighborhood,  shall  agreeably  to  said  notice,  either  on  the  premises, 
or  at  the  court-house  door  of  the  co'uiuy  or  city,  proceed  to  sell  by 
public  auction,  the  i^roperty  so  levied  on,  fur  cash  to  the  highest  bid- 


REVENUE   AND   TAXES.  873* 

der;  retaining  out  of  the  proceerls  of  such  sales  the  amount  of  the 
taxes  due  from  such  delinquent,  with  interest  thereon,  togetiicr  with 
all  the  costs  incurred  in  uuikini,'  the  sale,  and  paying  the  surplus,  if 
there  be  any,  to  the  owner  thereof. 

Real  Estate  may  le  Sold. 

Sec.  50.  The  real  estate  of  a  delinquent  ta.^  payer  may  be  sold  to 
pay  State,  county  or  city  taxes,  whether  there  be  personal  property  or 
not,  tlie  collector  complying  with  the  provisions  of  the  two  preceding 
sections. 

Duty  of  the  Collector  to  Eeport. 

Sec.  51.  In  all  cases  where  lands  held  in  fee  simple  or  by  lease  have 
been  sold,  or  shall  be  sold  for  payment  of  taxes  in  arrears',  according 
to  the  provisions  of  existing  laws,  it  shall  be  tlie  duty  of  the  collector 
of  taxes  to  report  the  said  sale,  together  with  all  tlie  proceedin^■s  had 
in  relation  thereto,  to  the  Circuit  Court  of  the  county  where  said 
lands  are  situate,  or  when  said  lands  are  situate  in  the  city  of  Balti- 
more, to  the  Circuit  Court  of  said  city;  the  court  to  which  such 
report  shall  be  made  shall  examine  the  said  proceedings,  and  if  the 
same  ajipear  to  be  regular,  and  the  provisions  of  law  in  relation 
thereto  have  been  complied  with,  shall  order  notice  to  be  given  by 
advertisement  published  in  such  newspapers  as  the  court  shall  direct, 
warning  all  persons  interested  in  the  property  sold,  to  be  and  appear 
by  a  certain  day,  in  the  said  notice  to  be  named,  to  show  cause  if  any 
they  have  why  said  sale  should  not  be  ratified  and  confirmed ;  and  if 
no  cause,  or  an  insufficient  cause  be  shown  against  the  said  ratifica- 
tion, the  said  sale  shall,  by  order  of  said  court,  be  ratified  and  con- 
firmed, and  the  purchaser  shall,  on  payment  of  the  purchase  money, 
have  a  good  title  to  the  property  sold,  but  if  good  cause,  in  the  judg- 
ment of  the  said  court,  be  shown  in  the  premises,  the  said  sale  shall 
be  set  aside ;  in  which  case  the  said  collector  shall  proceed  to  a  new 
sale  of  the  property,  and  bring  tlie  proceeds  into  court,  out  of  which 
the  purchaser  shall  be  repaid  the  purchase  money,  paid  by  hira  to 
the  collector  on  said  rejected  sale,  and  all  taxes  assessed  on  said  real 
estate  and  paid  by  said  purchaser  since  said  sale,  and  all  costs  and 
expenses  properly  incurred  in  the  said  court,  with  interest,  and  all 
such  sums  from  the  time  of  payment;  and  if  the  purchaser  has  not 
paid  the  purchase  money  or  the  subsequent  taxes,  to  apply  said  pro- 
ceeds to  the  payment  of  the  taxes  for  which  said  real  property  may 
have  been  sold,  and  all  subsequent  taxes  thereon  then  in  arrears,  with 
interest  on  the  same  according  to  law,  and  the  cost  of  the  proceed- 
ings; but  such  sale  shall  not  be  set  aside  if  the  provisions  of  law 
shall  appear  to  have  been  substantially  comijlied  with;  and  the  bur- 
den of  proof  shall  be  on  the  exceptant,  to  show  the  same  to  be  invalid 
under  the  law. 

Fees  of  Colkctors. 

Sec.  52.  Every  collector,  making  sale  of  property  for  the  payment 
of  taxes,  sliall  be  entitled  to  the  same  fees  as  a  sherift'  for  selling  prop- 
erty under  execution. 

When  Sales  of  Property  may  he  Svspend-ed. 
Sec.  53.  On   any  projjcrty  being   distr;iined  or  advertised  for  sale 
for  public  dues  or  taxes,  if  the  person  whose  property  has  been  so 


374*  REVENUE    AND   TAXES. 

executed  shall  apply  to  the  County  Commissioners,  or  Mayor  ol  the 
city  (if  Baltimore,  or  the  President  of  either  branch  of  the  City  Council, 
alleixing,  under  oath,  that  the  whole  sum,  or  any  part  thereof,  for 
which  sucli  distress  has  been  made,  is  not  due  for  public  dues  or  taxes, 
the  said  Commissioufrs,  Mayor  or  President  may,  in  writincr,  order 
that  the  sale  of  the  property  distrained  shall  be  suspended  lor  any 
time  not  exceeding  ten  days,  and  appoint  a  day  and  place  for  the 
person  distraining  said  j^roperty  to  exhibit  his  claim  bef  n-e  the 
County  Commissioners  or  Mayor  and  City  Council  ;  and  the  said 
County  Commissioners,  or  Mayor  and  City  Council,  sliall  adjudge  the 
sum  due  for  which  distress  may  rightfully  be  made,  beyond  which  no 
sale  shall  be  made  of  the  goods  in  such  case,  and  may,  if  the  distress 
shall  a])pear  to  them  excessive,  order  such  part  of  the  goods  as  they 
may  think  proper  and  just,  to  be  immediately  released,  and  may. order 
either  Jjarty  to  jiay  the  costs. 

Collector's  Sale, 

Sec.  54.  Any  sale  of  lands  by  a  collector,  where  the  owners  are 
described  as  the  heirs  of  a  named  j^erson,  shall  pa?s  the  title  as  fully 
as  if  such  heirs  were  each  named  in  the  ijroceedings  by  his  projter 
name. 

WTien  Real  Estate  may  ie  Redeemed. 

Sec.  55.  Whenever  real  estate  shall  l)e  sold  by  a  collector,  the  owner 
thereof  prior  to  the  sale,  may  redeem  the  same  by  paying  into  court, 
to  be  paid  to  the  purchaser  thereof,  within  the  period  of  twelve  calen- 
dar months  from  the  date  of  such  sale,  the  amount  of  the  purchase 
money,  with  interest  thereon  at  the  rate  of  fifteen  per  cent,  per  annum 
trom  the  date  of  the  sale. 

On  Failure  to  Procure  Deed. 
Sec.  56.  If  the  purchaser  of  such  real  estate  shall  die  without  hav- 
ing procured  a  deed  fr.-m  the  collector,  the  collector  may  convey  the 
said  real  estate  to  the  devisees  or  heirs  of  the  purchaser. 

When  Special  A/jeMs  may  he  Appointed. 

Sec.  57.  If  lands  shall  be  sold  by  a  collector  for  state,  county  or 
city  taxes,  and  the  collector  shall  die,  remove,  or  refuse  to  make  a 
deed  therefor,  the  court,  ratifying  such  sale,  may  appoint  a  sj^ecial 
agent  to  execute  such  deed  upon  application  by  said  purchaser,  and 
may  order  said  agent  to  execute  said  deed. 

PurcJiaser  may  Recoter  Possession  of  Personal  Property. 

Sec.  58.  In  all  cases  where  personal  property  is  sold  by  a  collector, 
he  shall  deliver  possession  thereof  to  the  purchaser,  but  if  the  prop- 
erty is  not  present,  or  if  for  any  other  cause  the  collector  cannot 
deliver  possession  thereof,  the  purchaser  may  recover  possession  by 
action  of  replevin,  together  with  damages  for  the  detention  thereof 
from  the  time  of  sale,  or  may  recover  the  value  thereof  and  damages 
in  an  action  of  trover. 

Collector  may  Pursue  Personal  Propei'ty. 

Sec.  59.  "Whenever  jiersonal  property  that  has  been  assessed  as  the 
property  of  any  mdividual  in  any  county,  city  or  election  district, 
shall  l)e  removed  before  the  tax  levied  thereon  has  been  collected,  the 
collector  in  whose  hands  the  levy  is,  may  pursue  said  pro^Jerty  and 


REVENUE   AND   TAXES.  375* 

crillcct  said  tax  in  the  same  manner  as  if  the  property  remained  in  his 

Siiiil  county,  city  or  district. 

CoUcctors  luay  Summon  the  Pofnte  Comitatva. 
Sko.  no.  If  any  person  shall  resist,  strike,  or  menace  with  viok'nce, 
any  collector  in  the  dJKiliarge  of  his  duties,  or  shall  resist,  attack,  or 
•11'  iiiice  witli  violence  any  person  i^rcsent  and  liidding  or  ])ro))o.sinii 
to  liid  at  any  such  sale  of  property  by  a  collector,  as  aforesaid,  the 
sail!  collector  may  summon  for  his  defence  the  pusse  comitMus.  and 
e;!cli  ])erson  so  summoned  shall  be  allowed  fifty  cents  per  day,  to  be 
levied  1)11  the  county  or  city  as  other  charges;  and  if  anv  person  sum- 
moned shall  relu!>e  to  serve,  he  shall  be  liable  to  a  fine  of  five  dollars, 
to  be  recovered  before  a  justice  of  the  peace;  one-half  to  the  use  of  the 
l^art}  prosecuting  and  tlie  other  half  to  the  county  or  city. 

Penalty  for  Assault 

Sec.  61.  If  any  person  shall  strike  or  apsault  a  collector  in  the  dis- 
cliurue  of  his  duty,  or  shall  strike  or  assault  any  person  serving  as  one 
of  the  posfte  comitatus,  or  shall  strike  or  assault  any  person  to  deter  or 
prevent  his  biclding  at  a  collector's  sale,  or  for  having  bid  at  such 
sale,  he  shall,  (m  indictment  and  conviction  thereof,  be  subjccl  to  a 
fine  ol  not  less  than  one  liundred  nor  more  than  five  hundred  dollars, 
and  to  imprisonment  for  not  less  than  two  nor  more  than  twelve 
months. 

Poicers  of  Collectors. 
Skc.  6"?.  If  any  collector  shall  have  good  reason  to  believe  that  he 
will  be  resisted  by  violence  in  the  discharge  of  his  duty  in  making  a 
sale,  he  may,  prior  to  the  day  of  sale,  summon  the  posse  comitatus  for 
his  protection  and  the  protection  of  peaceable  persons  attending  such 
Sale;  and  the  said  posse,  when  so  summoned  and  attending,  shall  be. 
paid  as  hereinlietbre  directetl.  and  shall  be  liable  to  be  proceeded 
against  as  hereinbefore  provided,  for  failing  or  refusing  to  attend. 

Taxes  to  he  First  Paid. 

Sec.  63.  Whenever  a  sale  of  either  real  or  personal  property  shall 
be  made  by  any  ministerial  officer,  under  judicial  process  or  other- 
wise, all  sums  due  and  in  arrear  for  taxes  fn^m  the  party  whose  prop- 
erty is  sold,  shall  be  tirst  paid  and  satisfied,  and  the  olhcer  or  person 
selling  shall  pay  the  same  to  the  collector  of  the  county  or  city,  if  any, 
or  to  the  treasurer,  if  there  be  no  collector. 

Taxes  Due  Preferred  Dehts. 

Sec.  64.  Administrators  shall  pay  all  taxes  due  from  their  decedents 
as  preferred  debts,  and  to  the  exclusion  of  all  others,  except  the  neces- 
sary funeral  expenses,  and  on  failure,  their  bonds  shall  be  put  in  suit 
for  the  use  of  the  State,  and  recovery  had  for  the  whole  amount  of 
taxes  due,  and  interest  from  the  time  they  were  payable;  this  section 
shall  also  ajijily  to  guardians,  for  taxes  upon  property  in  their  hands 
as  such. 

Tenant  in  Possession  to  Pay. 

Sec.  65.  The  tenant  or  person  holding  any  leasehold  estate,  shall 
pay  to  the  collector  the  taxes  levied  upon  the  demised  jjremises,  and 
shall  have  his  action  against  the  landlord  for  the  sum  so  paid,  (h-  may 
deduct  the  same  out  of  the  rent  reserved,  unless  otherwise  agreed 
between  the  lessor  and  lessee. 


376*  REVENUE   AND   TAXES, 

Taxes  in  Arrears. 

Sec.  66.  Taxes  shall  be  considered  in  arrear  on  the  first  flay  of 
January  next  succeeding  the  date  of  their  levy,  and  shall  bear  interest 
from  that  date,  at  the  rate  of  six  per  centum  per  annum. 

Commissions  Allowed. 

Sec.  67.  The  County  Commissioners  and  the  Mayor  and  City  Coun- 
cil of  Baltimore,  shall  levy  upon  their  respective  counties  and  the  City 
of  Baltimore,  such  commission  as  will  in  their  judgment  insure  a 
speedy  collection  of  said  taxes,  not  exceeding  live  per  centum  on  the 
amount  to  be  placed  in  the  hands  of  said  collectors  for  the  counties 
for  collection,  except  in  Calvert  county,  wliere  it  sliall  not  exceed  six 
])er  centum,  and  not  exceeding  two  per  centum  on  the  amount  to  be 
placed  in  the  hands  of  said  collector  for  the  City  of  Baltimore ;  said 
commission  to  be  levied  for  the  use  of  said  collectors  respectively, 
and  to  be  collected  as  other  charges  are  collected.  The  Governor 
shall  fix  the  commission  of  collectors  appointed  by  him,  not  to  exceed 
ten  per  centum  on  the  amount  placed  in  their  hands  for  collection  ; 
and  the  said  commissions  shall  be  levied  by  the  county  or  city  author- 
ities, or  by  the  tax  board,  and  collected  by  said  collectors. 
Collector  Failing  to  Pay  Over  Taxes. 

Sec.  68.  If  any  collector  shall  fail  to  pay  into  the  Treasury  the 
amount  of  money  which  may  or  should  be  in  his  haiids  for  the  use  of 
the  State,  at  the  time  hereinbefore  s{)eciiied  for  j^ayment,  he  shall  be 
charged  interest  thereon  at  the  rate  of  six  per  centum  per  annum,  from 
the  time  the  said  money  became  due  and  payable. 

Bond  may  he  Sued. 

Sec.  69.  In  all  cases  in  which  any  collector  shall  fail  to  pay  the 
amount  due  and  payable  by  him  into  the  Treasury,  at  the  time  here- 
inbefore specified,  the  Comi)troller  may,  in  his  discretion,  order  a  suit 
upon  his  bond. 

Suit  on   CoUector'^s  Bond. 

Sec.  70.  When  the  Comptroller  shall  order  suit  upon  a  collector's 
bond,  he  shall  transmit  to  the  State's  attorney,  or  some  other  attorney 
by  him  selected,  a  statement  of  the  account  of  such  collector ;  and 
upon  the  account  so  transmitted,  signed  and  certified  by  the  Comp- 
troller, and  on  motion  being  made  on  behalf  of  the  State,  judgment 
shall  be  entered  at  the  first  term  of  the  Court  in  which  suit  may  have 
been  brought  in  the  name  of  the  State,  against  such  collector  ami  his 
sureties,  and  execution  shall  issue  thereon  as  in  other  cases ;  provided, 
ten  days' previous  notice  in  writing  l>e  delivered  to  such  collector  and 
his  sureties,  or  left  at  their  place  of  abode,  signed  by  the  said  attor- 
ney ;  and  it  shall  be  the  duty  of  the  sheriff  to  serve  such  notice,  and 
proof  of  such  service  shall  be  made  to  thesatisfection  of  the  court  be- 
fore such  judgment  shall  be  entered. 

Collectors  may  ham  a  Jury  Trial. 

Sec.  71.  If  such  collector  or  liis  sureties  shall  in  person  or  by  at- 
torney desire  a  trial  by  jury  ol  any  matter  in  controversy  in  said  suit, 
which  siiall  by  them  be  pleaded,  the  court  shall  thereupon  direct  a 
jury  to  be  impanneled  at  the  said  term  to  try  and  determine  tlie  mat- 
ter in  controversy. 


BEVENUE    AND   TAXES.  877* 

The  Pleadings. 

Sec.  72.  It  shall  not  be  necessary  for  the  State  in  any  suit  brought 
on  nny  bond  given  by  any  person  who  has  the  collection  of  any  part 
of  the  State's  revenue,  in  reply  to  the  plea  of  performance,  to  set  out 
at  large  in  its  replication  the  breaches  for  which  damages  are  claim- 
ed, but  may  reply  generally  that  the  ol)ligi)r  or  obligors  hath  or  have 
not  performed  the  conditions  of  his  or  their  bond,  accompanying  the 
same  by  a  substantial  statement  of  the  amount  demanded,  and  give 
the  special  matter  in  evidence,  upon  which  issue  the  jury  shall  assess 
such  damages  as  the  State  may  have  sustained,  and  upon  such  verdict ; 
if  for  the  State,  judgment  shall  be  entered  for  the  penalty  of  the  bond, 
to  be  released  upon  the  payment  of  the  danuiges  assessed  by  the  jury, 
with  interest  thereon  until  paid  and  costs. 

Attwnexfi  Compensation. 
Sec.  73.  The  attorney  prosecuting  such  action  shall  be  allowed  the 
usual  commissions  for  such  services  ;  but  no  payment  of  any  money 
due  the  State,  either  in  suit  or  on  judgment,  shall  be  valid  and  etlect- 
ual,  unless  made  to  the  State's  Attorney,  or  to  the  Treasurer,  or  such 
person  as  shall  have  been  speciallv  appointed  and  authorized  by  him 
to  receive  the  same,  or  unless  m;  dj  to  such  sheriff,  coroner  or  elisor 
as  may  be  authorized  to  receive  tue  same  by  virtue  of  any  execution 
issued  to  enforce  the  payment  thereof.  No  attorney,  other  than  the 
State's  Attorney  jirosecuting  such  action,  as  provided  for  in  this  sec- 
tion, shall  receive  any  part  of  the  money  thus  sued  for,  except  the  fees 
allowed  bylaw,  under  a  penalty  of  a  fine  of  not  less  than  five  hundred 
dollars,  nor  more  than  five  thousand  dollars,  to  be  recovered  as  other 
tines  and  forfeitures  are  recovered. 

Allowances  for  Insolvencies. 

Sec.  74.  The  Comptroller  shall  make  all  just  allowances  to  collect- 
ors for  insolvencies  or  removals,  upon  certificates  of  the  Couuty  Com- 
missioners or  ApiJeal  Tax  Court  that  such  allowances  are  just. 

When  Attachment  may  be  Issued. 
Sec.  75.  Whenever  the  State  shall  have  a  judgment  or  decree 
against  a  debtor  or  his  securities,  and  money  may  be  ordered  to  be 
levied  by  the  county  commissioners  of  any  county  for  the  benefit  of 
such  debtor,  or  any  one  of  his  sureties,  the  State's  Attorney  for  the 
county  may  order  an  attachment  to  be  issued  by  the  clerk  of  the  court 
where  such  judgment  or  decree  was  passed  against  the  goods,  chat- 
tels, rights  and  credits,  lands  and  tenements  of  such  debtor  and  his 
sureties,  which  may  be  laid  in  the  hands  of  the  County  Commissioners 
or  their  clerk,  or  any  collector  of  said  county,  or  any  or  all  of  them, 
in  the  discretion  of  the  State's  Attorney,  and  the  proceedings  on  such 
attachments  shall,  in  all  respects,  be  the  same  as  in  other  attachments,, 
or  judgments  or  decrees. 

Staie^s  Attorney  may  Bid  for  and  Purchase  Property. 

Sec.  76.  Whenever  real  estate,  or  property  of  any  descrijjtion,  shall' 
have  betn  seized  and  taken  in  execution  at  the  suit  of  tiie  State,  the 
State's  Attorney  for  the  proper  county  or  City  of  Baltimore,  may  bid 
ior  and  purchase  the  same  at  the  sale  thereof  lor  the  use  of  the  State, 
if,  in  his  opinion,  it  shall  be  necessary  and  proper  to  do  so  for  the 


378*  REVENUE    AND   TAXES. 

protection  of  the  interest  of  the  State;  provided,  the  sum  hid  shnlh 
in  no  case,  exceed  the  amount  of  the  State's  demand,  and  the  costs 
and  expenses  of  sale. 

Stnfe's  Attorney  may  Sell  or  Lease  certain  Property. 
Src.  77.  Whenever  the  State's  attorney  shall  purchase  any  prnp-rty 
under  the  last  preceding  section,  he  may  sell  or  lea^e  the  same,  and 
may  recover  any  money  due  the  State  by  such  sale  or  lease  by  sale  or 
di'^tress  ;  and  he  may,  in  case  of  a  sale,  execute  a  deed  for  the  ]iropprty 
Rnld,  upon  a  compliance  by  the  purchaser  with  the  terms  of  sale;  ai;d 
the  Treasuier  shall  pay  the  cost  of  advertising  such  property  as  may 
reu^.ain  ui.sold,  but  nothing  therein  contained  shall  deprive  any  party 
of  the  right  of  redemption  given  in  this  article. 
Penalty  foi'  Neglect  or  Refusal. 
Sec.  78.  If  any  collector  of  county  or  city  taxes  shall  refuse  or  ne- 
glect to  pay  over  any  money  he  has  received  or  collected,  or  ought  to 
have  collected,  the  person  entitled  to  receive  the  same  may  apply  to 
the   Circuit  Court  of  the  county,  or  the  court  of  law  in  Baltimore 
city,  havino'  jurisdiction  over  the  amount  claimed,  and  such  court 
remier  judgment  against  such  collector  for  the  amount  due  from  him; 
]n-ovided,  that  no  such  judgment  shall  be  entered  unless  the  person 
applying  for  the  same  shall  exhibit  to  the  court  an  account  of  the  sum 
due,"vorified  by  atRdavit  and  such  other  proof  as  the  court  may  require, 
and  shall  also  prove  to  the  satisfaction  of  the  court  that  he  hath  serv- 
ed a  copy  of  such  account  on  said  collector,  and  demanded  payment 
thereof  at  least  twenty  days  before  the  meeting  of  the  court  at  which 
the  application  is  made. 

May  have  a  Jury  Trial. 
Sec.  79.  If  such  collector  shall  controvert  the  demand  and  desire  a 
jury  to  be  impaneled,  the  court  shall  direct  a  jury  to  be  immediately 
impaneled,  to  try  an  issue  whether  the  said  collector  be  chargeable 
Willi  and  liaV)le  to  pay  any  and  what  sum  of  money  to  the  jierson  so 
claiming  and  authorized  to  receive  the  same,  and  the  court  shall  pass 
iudgnient  on  the  verdict  of  the  jury,  as  in  other  cases,  and  award  ex- 
ecution ;  and  no  execution  issued  on  any  judgment  rendered  under 
this  or  the  preceding  section,  shall  be  stayed  by  a  writ  of  error,  super- 
sedeas, injunction  or  appeal. 

CoUecto7-'s  Bond  may  le  Sued. 
Sec.  80.  If  any  collector  of  county  or  city  taxes  shall  fail  to  ac- 
count f>r  and  pav  over  the  money  he  has  collected,  or  ought  to  have 
collected,  within' the  time  required  by  law,  his  bond  may  be  put  in 
suit  and  he  shall  be  chargeable  with  interest  from  the  time  the  money 
ought  to  have  been  paid. 

One  Year  shall  he  Allowed. 
Sec.  81.  Every  collector  shall  be  allowed  the  term  of  one  year  after 
the  exi)inition  oV  the  time  for  which  he  was  appointed,  to  collect  all 
iiahmcos  due   him,  in  the  same   manner  as  he  could  collect  the  same 
before  the  expiration  of  his  term  of  oliice. 

All  Taxetf  shall  le  Collected  within  Four  Years. 
Sec.  82.  All  taxes  levied  for  county  or  city  purposes,  shall  be  col- 
lected by  lue  collectors  oi  the  counties  or  cities  respectively,  within 


REVENUE    AND    TAXES.  379* 

four  vftivf'  iificr  ih^  pnnie  slinll  linve  boon  levied;  and  if  the  same  shall 
not  be  colle'ited  within  four  years,  the  ])arLies  Ifom  wh"!!!  such  taxes 
may  be  demanded,  may  plead  this  section  in  bar  of  any  reeovery  of 
the  same. 

BanJcs  s?iiU  Annvalh/  Pay  State  Taxes  in  January. 

Sec.  8'-5.  The  president  or  other  proper  officer  of  the  banks,  State 
and  National,  and  other  incorpnrated  institutions  and  com])anies, 
chartered  by  this  State,  or  lueated  and  doini^  business  therein,  shuli, 
annually,  on  the  first  day  of  January,  pay  to  tlie  Treasurer  of  tiie  State, 
the  State  tax  imposed  upon  the  shares  of  capital  stock  of  said  banks, 
institutions  (u*  companies  tor  the  previous  year,  whether  they  or  any 
of  them  have  or  have  not  declared  any  dividend  or  earned  any  profits, 
and  without  regard  to  the  ))lace  of  residence  of  the  stockholders. 

Assexxment  of  Pj-operty  and  Assets. 

Sec.  84.  In  all  cases  where  any  incorporated  institution  or  company 
has  no  capital  stock,  so  called,  the  property  and  assets  of  said  com- 
pany, of  whatever  nature,  shall  be  assessed,  and  the  president  or  other 
j:)roper  otlicer  thereof,  sliall  ]xiy  to  tlie  Treasurer,  the  tax  due  u])ou  said 
proiJertr  and  assets,  at  the  time  aforesaid,  and  also  to  the  collector  of 
the  county  or  city,  the  amount  of  all  taxes  due  on  said  jiroi^erty  and 
assets  to  said  county  or  city. 

Officers  of  Batiks  to  Furnish  Lists,  Deposits,  <&c. 

Sec.  85.  The  president  or  other  proper  officer  of  any  savincrs  bank, 
institution  or  corporation  which  shall  receive  deposits  and  hIIdw  in- 
terest thereon,  shall  turnish  to  the  Comptroller,  on  or  before  tlie  first 
day  of  July  in  each  year,  the  aggregate  amount  of  deposits  in  such 
corjxn'ation  ;  and  shall  j)ay  to  tlie  Treasurer,  on  or  before  the  first  day 
of  Januai'y  succeeding,  out  of  the  interest  due  to  the  depositors,  the 
State  tax  on  said  deposits ;  and  they  shall  likewise  furnish  to  the 
County  Commissioners  or  Appeal  Tax  Court,  as  tlie  case  may  be,  of 
the  county  or  city  where  said  corporation  is  situated,  a  list  of  the  de- 
positors in  said  institution,  with  the  amount  deposited  by  them  at 
the  time  of  the  annual  meeting  of  those  bodies,  for  levying  county  or 
city  taxes,  or  shall  agree  wdth  the  County  Ccmimissioners  or  Appeal 
Tax  Court  to  pay  taxes  on  such  amount  of  deposits  as  may  be  agreed 
upon  between  them  and  the  said  County  Commissioners  or  A^jpeal 
Tax  Court,  w^ithout  resort  to  the  individual  depositors. 

To  maJre  Return  to  the  Comptroller  of  Bonds  and  Bondholders. 

Sec.  86.  The  president  or  other  proper  officer  of  any  incorporated 
institution  or  company  of  this  State,  which  shall  have  issuetl  any 
V)onds,  certificates  or  evidences  of  debt,  bearing  interest,  shall,  on  or 
before  the  first  day  of  July  in  every  year,  make  return  to  the  Comp- 
troller of  the  aggregate  amount  of  said  bonds,  certificates  or  other  ev- 
idences of  debt  held  by  or  belonging  to  residents  of  this  State,  and 
pay  to  the  Treasurer  on  said  day,  out  of  the  interest  due  to  the  hold- 
ers thereof,  the  State  tax  thereon  ;  and  shall  also  furnish  to  the  County 
Commissioners  or  Appeal  Tax  Court  of  the  county  or  city  annually, 
on  or  before  the  first  day  of  March,  a  list  of  the  holders  of  said  bonds, 
certificates  or  evidences  of  debt,  resitling  in  said  county  or  city,  when 
such  residence  is  known,  and  where  the  residence  of  the  holder  is  un- 
known to  the  County  Commissioners  of  the  county  where  such  cor- 
poration is  situate,  or  the  Appeal  Tax  Court,  if  situate  in  Baltimore 


380*  REVENUE   AND   TAXES. 

city;  if  any  such  officer  shall  fail  to  perform  the  fluty  impoged  by  this 
section,  lie  slmll.  upon  indictment  and  conviction  thereof  in  the  court 
having  criminal  jurisdiction,  be  fined  not  less  than  five  hundred  dol- 
lars, and  imprisoned  not  less  than  one  month,  and  until  this  fine  is 
paid  ;  all  bonds,  certificates  or  evidences  of  debt  issued  by  any  such 
incorporated  institution  or  company  in  this  State,  shall  be  presumed  to 
be  held  and  to  l)elong  to  residents  of  this  State  ;  but  if  the  holder  of 
any  such  bonds,  certificates  or  evidences  of  debt  shall  certify  upon 
oath,  duly  administered  according  to  law,  to  the  said  president  or 
other  proper  officer,  that  said  holder  is  the  hoim  fde  n\\neT  of  such 
bonds,  certificates  or  evidences  of  debt,  and  that  he  is  a  lonafide  resi- 
ident  of  any  other  State  or  county  ;  then  such  president  or  other  prop- 
er officer,  shall  report  the  fact  of  such  holding  by  such  non-resident  or 
non-residents,  and  shall  deduct  from  the  amount  of  bonds,  certificates 
or  other  evidences  of  debt  to  be  taxed,  all  such  bonds,  certificates  or 
evidences  of  debt  so  ownpd  by  non-residents  of  this  State  aa  aforesaid, 
and  shall  not  be  liable  for  the  taxes  on  the  same. 

Officers  of  Banlcs,  Lists  of  StockTiolders. 
Sec.  87.  The  president  or  other  proper  officer  of  the  banks,  State 
and  National,  and  other  incorporated  institutions,  in  the  several  coun- 
ties and  the  city  of  Baltimore,  shall,  annually,  on  or  before  the  first 
day  of  March,  furnish  to  the  County  Commissioners  or  Api)eal  Tax 
Court  of  each  county  or  city,  in  which  any  of  its  stockholders  may 
reside,  a  list  of  the  said  stocliholders,  so  far  as  their  place  of  residence^ 
may  be  known  to  such  officer,  together  with  the  number  of  shares  of 
'  stock  held  by  each  ;  in  case  the  president  or  other  proper  officer  of 
any  bank  or  other  corporation  aforesaid,  fjiil  or  refuse  to  furnish  the 
statement  herein  required  to  the  Appeal  Tax  Court  or  the  County 
Commissioners  aforesaid,  on  or  before  the  day  hereinbefore  specified 
for  that  purpose,  then  for  each  day  that  shall  thereafter  elapse  until 
the  said  statement  shall  be  furnished,  the  said  bank,  or  other  corpora- 
tion aforesaid,  shall  pay  to  the  Mayor  and  City  Council  of  Baltimore 
or  the  County  Commissioners,  as  the  case  may  be,  the  sum  of  one  hun- 
dred dollars;  provided,  that  it  shall  and  may  be  lawful  for  any  bank 
or  other  incorporated  institution  to  agree  in  any  year  with  the  County 
Commissioners  or  Appeal  Tax  Court,  to  pay  taxes  on  such  amount  of 
stock  as  may  be  agreed  upon  between  them,  and  the  said  Commis- 
sioners or  Appeal  Tax  Court,  without  resort  to  the  individual  stock- 
holders, and  for  the  valuation  and  efi'ectual  collection  of  the  taxes  as- 
sessed on  the  stock  of  banks  or  other  incorporated  institutions,  held 
by  non  residents,  the  president  or  other  proper  officer  of  the  corpora- 
tion, shall,  annually,  on  or  before  the  first  day  of  March,  make  out  and 
deliver  to   the  County  Commissioners  or  Appeal  Tax  Court  of  the 
proper  county  or  city,  where  said  corporation  is  situate,  an  account  of 
the  numberof  shares  of  stock  in  such  corporation,  held  by  persons  not 
residents  of  this  State,  and  the  same  shall  be  valuecl  at  its  actual  cash 
value,  to  and  in  the  name  of  such  stockholders  respectively  ;  but  the 
tax  assessed  on  such  stock,  shall  be  levied  and  collected  from  said  cor- 
poration, and  may  be  charged  to   the  account  of  such  non-resident 
stockholders  in  the  said  corporation,  and  shall  be  a  lien  on  the  stocks 
therein  held  by  such  stockholders  respectively,  until  paid,  and  in  no 
case  shall  the  atock  of  any  corporation,  in  the  aggregate,  be  valued  at 


REVENUE   AND   TAXES.  381* 

less  than  the  full  value  of  the  renl  estate  and  chattels,  real  and  person- 
al, held  by  or  l)olonfjinir  to  sucli  rorporati'm  in  tlie  several  counties 
and  city  (>f  Baltimore,  whether  tlie  sliares  of  said  stoci<  are  quoted  on 
the  market  or  not;  incase  of  failure  or  refusal  to  com))ly  with  tliia 
requirement,  the  said  bunk  or  other  incorporated  institution  shall 
be  liable  to  the  penalty  hereiiibef  ire  prescril^ed  ;  and  the  president 
and  cashier,  or  treasurer  of  any  such  bank  or  other  incorporated  in- 
stitution, failinrr  to  comply  in  every  res])ect  with  the  provisifuis  of 
this  section,  sluiil  be  liable  to  indictment  therefor,  and  on  conviction, 
shall  be  fined  not  less  than  five  hundred  dollars,  nor  more  than  five 
thousand  dollars,  in  the  di-eretion  of  the  court,  and  shall  stand  com- 
mitted until  such  tine  is  paid. 

To  Report  Assets  of  State  Stocks. 

Sec.  88.  Any  incorporated  institution,  holding  as  part  of  the  in- 
vestments of  its  capital  or  assets,  any  of  the  stock  debt  of  this  State, 
upon  which  the  State  tax  has  been  deducted  by  the  Treasurer,  or 
shares  of  stock  of  any  bank  or  other  corpmation  of  tliis  State,  upon 
which  the  state  and  county  or  city  taxes  are  levied  and  2)aid,  may 
report  the  same  in  detail,  under  the  oath  of  its  president,  cashier, 
treasurer,  or  other  chief  ofhcer,  to  the  Comptroller  of  the  Treasury; 
and  if  said  institution  shall  have  made  the  agreement  as  i^rovided  iu 
this  article,  to  the  County  Commissioners  or  Appeal  Tax  Court,  as 
the  case  may  be.  and  the  amount  of  such  stock  so  held  shall  be  al- 
lowed as  a  credit  in  the  basis  of  settlement  of  the  tax  on  the  capital 
stock  or  projierty  of  said  incorporated  institution;  but  no  credit 
shall  be  allowed  to  any  such  incorporated  institution  by  reason  of  any 
investment  on  which  the  taxes  are  not  so  paid  or  payable  as  aforesaid. 

To  Jfal-e  Report  of  Capital  Stocks,  i&c. 

Sec.  89.  Whenever  any  of  the  corporations  of  this  State  shall  pro- 
pose to  the  County  Commissioners  or  Appeal  Tax  Court  to  make  such 
agnemeut  as  provided  by  this  article,  and  the  County  Commisshmers 
or  Appeal  Tax  Court,  as  the  case  may  be,  shall   exact  and  demand 
payment  on  an  amount  which  said  corporation  shall  consider  exces- 
sive, it  shall  and  may  be  lawful  tor  such  corporation  to  apply  to  the 
Circuit  Court  for  the  county,  or  to  the  Superior  Court  of  Baltimore 
city,  as  the  case  may  be,  according  to  the  habitat  of  said  corporation, 
by  petition,  in   writing,  verified   by  the  affidavit  of  the  president  or 
other  proper  officer  of  said  corporation,  showing  the   amount  of  the 
capital  stock  of  said  company,  agreeably  to  the  act  of  incorporation 
or  any  supplement  thereto,  the  number  of  shares  into  which  said 
capital  is  divided,  and  the  par  value  of  each  share  under  the  act  of 
incorporation,  and   the   number  of  shares  of  the   said  capital   stock 
held  by  persons  residing  out  of  the  State,  the  number  of  shares  held 
by  persons  in  the  said  county  or  city,  and  the  number  of  shares  iield 
by  persons  outside  of  said  county  or  city  and  within  the  State,  and 
also  a  statement  showing  the  asseis  of  saitl  corporation  in  a  general 
way,  and  the  estimated  value  of  said  assets;    and  ujjon  the  filing  of 
said  petition  and  said  statement,  it  shall  be  the  duty  of  the  saitl  cuurt 
to  ap2)oint  a  day  for  the  hearing  thereof  as  early  as  can  conveniently 
be  assigned  for   the   purpose,  notice  whereof  shall  be  given   to  the 
County  Commissioners  or  Appeal  Tax   Court,  as  the  case  may  lie,  by 
service  of  a  copy  of  said  petition  and  statement,  and  of  the  order  of 


382*  REVENUE    AND   TAXES. 

said  court;  and  if  tlic  said  County  Commissioners,  or  sail  Appe.il  Tax 
Court,  shall  f^ontrovert  the  allet^.itions  of  said  petition,  tlien  tlie  mat- 
ters in  i^sue  siiail  l)e  tried  in  tlie  usual  way  l>y  a  jury  tlien  and  tiiere 
to  be  inipanneied,  and  eitlier  party,  except  as  to  mere  valuation,  shall 
be  cn'itled  to  aiJiical  within  sixty  davs  after  such  decision,  ujjon  any 
exce|)ti()ns  tint  may  be  taken  to  the  opinions  or  direvtums  of  the 
court  in  matters  of  law;  and  such  appeal  sliall  be  heard  and  deter- 
mined at  the  term  of  the  Court  ot  Appeals  then  next  succeeding  such 
apj)eal;  and  the  amount  that  may  l>e  tixed  by  the  jury  in  case  there 
be  no  a])peal,  or  in  case  tlie  decision  below  be  affirniefl,  shall  be  final 
and  conidusive;  provided  that  no  corporati(}n  shall  be  entitled  to> 
have  a  day  appointed  for  the  hearing  of  said  petition,  unle.-s  the  said 
corporation  shall  either  deposit,  as  thes'aid  court  may  direct,  such  sum 
of  money  as  the  said  County  Commissioners  or  said  A]))jeul  Tax  Court 
may  claim  as  pro])erly  deman<lable,  or  tile  a  botid,  with  sureties,  to- 
be  a])proved  by  said  court,  in  double  the  amount  of  the  money  clami- 
ed  by  said  County  Commissioners  orsaid  Appeal  Tax  Courr,  as  prop- 
erly demtndable,  conditioned  for  the  payment  of  such  amount  as  may 
be  adjudged  to  be  i^roj  eily  demandable  from  said  corporation. 

Full  Lists  of  StoclJi(ihlerS\ 

Sec.  90.  The  Rcfrister  of  the  city  of  Baltimore  shall,  within  one 
mouth  after  the  tirst  day  of  xlpril,  annually,  make  out  and  deliver  to 
the  Appeal  Tax  Court  for  the  city  of  Baltimore,  a*  fud  and   accurate 

list  ot  the  holders  of  the  stock   loans  of  said  city,  on  tlie  iir.-.t  day  ot" 
April,  in  tlie  year  for  which    said   list    is  made,  showing   the   several 
amounts  held  ijy  tlie  said  stockhoiik-rs  respe('tively. 
To  he   Carefully  Examined. 

Sec.  91.  The  said  Appeal  Tax  Court  shall  in  each  year  cniefully 
examine  the  said  list,  and  correct  the  same  by  striking  thereirom  all 
the  holders  of  said  stock  who  may  be  exempt  from  taxation  on  said 
stock,  and  shall  on  or  before  the  first  day  of  June,  annually,  deliver 
one  copy  of  the  said  list  as  corrected  by  them  to  the  said  Kegisler, 
and  one  copy  thereof  to  the  Comptroller,  setting  forth  distinctly  in 
said  cojjies  the  assessed  value  of  the  stock  mentioned  therein. 

Register  to  Set  Apart  and  Pay  Over. 

Sec.  92.  The  Register  of  the  city  of  Baltimore  shall,  on  the  first 
day  of  July  in  each  year,  set  apart  and  pay  over  to  the  Treasurer  of 
this  State,  out  of  the  funds  in  his  hands  for  payment  of  the  interest 
becoming  annually  due  and  i:)ayable,  the  State  tax  imposed  by  this 
article,  or  all  that  part  of  said  stock  loan  included  in  the  said  cor- 
rected list  returned  to  him  by  the  Appeal  Tax  Court,  and  shall  deduct 
from  the  interest  due  and  payable  thereon,  to  each  holder  of  said 
stock,  his  proportion  of  the  amount  so  retained  and  paid  to  the 
Treasurer. 

Ditty  of  Ajypeal  Tax  Court. 

Sec.  93.  If  the  said  Register  shall  at  any  time  fail  to  make  out  and 
deliver  to  the  Ai)i)eal  Tax  (.'ourt  tlie  list  of  holders  of  the  said  stock 
loan  as  herein  required,  it  shall  be  the  duty  of  the  Appeal  Tax  Court 
to  ascertain  in  such  manner  as  they  may  deem  most  accurate,  the 
amount  of  said  stock  loans  of  the  city  of  Baltimore  outstanding  on 
the  lirst  day  of  April  in  the  year  in  which  such  failure  or  refusal  shall 


BEVENUE    AND   TAXES.  383* 

take  plnfc,  and  on  or  before  the  first  day  of  June  in  said  year,  make 
and  deliver  one  copy  of  a  statement  ceititied  by  them,  showing  the 
jtmf)unt  of  said  stoclt  so  ascertaiiicd  by  them,  and  its  assessed  v;due. 
to  tlie  s:iid  Register,  and  one  copy  thereof  to  the  Comptroller  of  tlie 
State,  and  tlie  Register  sliall  tliereiipon  set  a])art  and  ])ay  the  tax 
aforesaitl,  and  detluct  the  same  from  the  interest  a?  aforesaid,  i>iit  tlie 
said  Register  shall  not  be  required  to  set  apart  and  pay  over  the  said 
tax  on  any  part  of  said  stock  loans  which  he  may  satisfy  the  Comp- 
troller, by  a  certiticate  to  that  etlect,  signed  by  the  A])peal  Tax  Court, 
or  by  other  satisfactory  evidence,  was  held  on  the  tirst  day  of  A])ril. 
in  the  year  for  which  the  tax  may  become  due,  by  any  person  entitled 
under  "the  laws  of  this  State  to  hold  the  same  free  from  taxation. 

Compensation  for  Set-vices. 
Sec.  94.  Each  member  of  the  Appeal  Tax  Court  shall  receive  fifty 
dollars  annually  lor  the  services  required  in  the  precetliiig  sei;ti(.us  of 
this  article,  and  the  Register  of  the  city  of  Baltimore,  the  sum  of  three 
hundred  dollars  for  the  services  therein  required  of  him,  the  said 
sums  to  be  paid  by  the  Treasurer,  on  the  warrant  of  the  Comptroller. 

Directed  to  Levy. 

Sec.  95.  The  Treasurer  is  hereby  directed  to  levy  the  State  taxes 
on  all  the  public  debt  of  the  State  of  Maryland  liable  to  taxation, 
and  owned  or  held  by  any  person  resideut  or  non-resident  of  this 
State,  assessed  at  the  following  valuation:  so  much  of  the  said  debt 
as  bears  an  interest  of  six  per  centum  shall  be  assessed  at  par;  so 
much  thereof  as  bears  an  interest  of  live  i)er  centum  shall  be  assessed 
at  eighty-five  dollars  in  the  hundred;  so  much  thereof  as  bears  an  in- 
terest of  four-and-a-half  per  centum  at  eighty  dollars  in  the  hundred; 
and  so  much  thereof  as  bears  an  interest  of  three  pur  centum  at  sixty- 
four  dollars  in  the  hundred,  which  assessment  shall  be  made  by  the 
Treasurer  at  the  times  prescribed  in  the  next  succeeding  section,  for 
the  payment  of  said  taxes. 

When  Tax  shall  ie  Collected. 

Sec.  96.  The  said  tax  shall  be  collected  by  the  Treasurer,  retaining 
it  out  of  the  interest  falling  due  on  the  first  diiy  of  July  in  each  year, 
in  the  said  portion  of  the  public  debt. 

Prcperty  Excluded  from  Taxation. 

Sec.  97.  The  public  debt  of  this  State,  stock  loans  of  the  city  of 
Baltimore,  the  capital  stock  and  bonds,  certificates  or  other  evidences  of 
debt,  bearing  interest,  issued  by  incor|>orated  companies  or  institu- 
tions of  this  State,  shall  be  excluded  from  the  assessinoit  in  the  several 
counties  and  city  of  Baltimore,  so  far  as  relates  to  the  State  tax,  the 
pajmeut  of  said  tax  thereon  being  hereinbefore  provided  for. 
All  Commissions  to  ie  Taxed. 

Sec.  98.  All  commissions  allowed  to  executors  or  administrators  by 
the  Orphans'  Court  of  this  State,  shall  be  subject  to  a  tax.  lor  the 
benefit  of  the  State,  of  one-tenth  part  of  the  sum  so  allowed;  and 
when  a  legacy  is  left  to  an  executor  by  way  of  compensation,  such 
legacy  shall  be  reckoned  in  the  commissions  fixed  by  the  court. 
Orphans^  Court  shall  Fix  the  Commissions. 

Skc.  99.  The  several  Ori)han3'  Courts  shall  fix   the  commissions  of 
executors  withia  twelve  mouths  from  the  grant  of  administration,  and 


384*  REVENUE    AND   TAXES. 

in  all  subsequent  accounts  wherein  executors  shnll  charge  theiri<:elve3 
with  further  assets;  and  they  shall  fix  such  commissions  iii  all  (•a>es  in 
which  letters  of  administration  have  been  or  may  hereafter  be  grant- 
ed, whether  commissions  are  chximed  by  the  executors  or  not,  and  all 
commissions  so  fixed,  shall  be  subject  to  the  tax  imposed  by  the  fore- 
going section. 

Executors,  &c.  to  Pay  said  Tax  to  Register  of  Wills. 

Sec.  100.  Every  executor  or  administrator  sliall  pay  said  tax  to  the 
Register  of  Wills  of  the  proper  county  or  city,  on  the  passage  of  his 
accounts,  and  on  failure  to  do  so,  within  thirty  days  thereafter,  the 
register  shall  notify  the  State's  Attorney  of  the  city  or  county,  who 
sIkiU  thereupon  put  the  bond  of  such  executor  or  administrator  in 
suit  for  the  use  of  the  State;  and  the  said  bond  sliall  be  liable  there- 
for as  for  any  other  default  of  the  principal  obligor. 
Register  to  give  Duplicate  Receipts. 

Sec.  101.  Upon  payment  of  the  register,  he  shall  give  to  the  execu- 
tor or  administrator,  duplicate  receipts,  one  of  which  shall  be  for- 
warded l)y  him  to  the  Treasurer,  or  to  be  bv  him  preserved,  and  coi)ies 
thereof  shall  be  evidence  in  suits  upon  the  bonds  of  the  register  sign- 
ing the  same. 

Orphans'  Court  shall  Malce  No  Alloicances. 

Sec.  102.  The  Orphans'  Court,  in  fixing  the  commissions  of  execu- 
tors and  administrators,  shall  make  no  allowance  for  the  tax  hereby 
imposed,  it  being  hereby  intended  that  the  said  tax  shall  be  paid 
out  of  said  commissions,  and  not  by  the  estate  of  the  deceased. 

Non- Residents. 

Sec.  103.  If  any  person,  being  a  resident  of  any  other  State,  district 
or  territory  of  the  United  States,  or  of  any  foreign  country,  shall  die 
possessed  of  or  entitled  to  any  of  the  public  stocks  or  debt  created  or 
issued  upon  the  credit  of  this  State,  or  of  the  stock  or  debt  created  or 
issued  upon  the  credit  of  the  city  of  Baltimore,  or  of  the  capital  stock 
of  any  joint  stock  company  incorporated  by  the  authority  of  this 
State,  his  right  or  title  thereto  shall  devolve  on  his  executor  or  ad- 
ministrator, duly  constituted  and  appointed  as  such  by  the  law  of  the 
State,  district,  territory  or  country,  wherein  he  may  have  resided  at 
the  time  of  his  death,  in  the  same  manner  as  if  the  said  executor  or 
administrator  had  been  duly  constituted  and  appointed  as  such  by 
the  authority  in  this  State. 

Foreign  Executors,  &e. 

Sec.  104.  Nothing  contained  in  the  preceding  section  shall  deprive 
the  courts  of  this  State  of  their  authority  to  grant  administration  on 
the  estate  of  such  deceased  person  ;  and  the  right  of  a  person  so  ap- 
pointed shall  bo  i)refurred  to  the  right  of  the  foreign  executor  or  ad- 
ministrator; ])rovided,  the  notice  of  the  claim  of  the  domestic  execu- 
tor or  administrator  to  such  stock,  be  given  to  the  proper  otHcer  hav- 
ing charge  of  the  stock  book  wherein  such  stock  is  entered,  and  hav- 
ing authority  to  make  or  allow  a  transfer  thereof  before  any  sale  or 
transfer  tln^reol' has  actually  been  made  by  the  foreign  executor  or  ad- 
ministrator; and  provided,  further,  that  administration  shall  not  be 
granted  to  anyone  in  this  State  except  the  next  of  kin,  residuary 
legatee,  or  a  creditor,  who  shall  make  oath  to  and  exliibit  the  vouchers 
ol  his  claim  before  obtaining  administration. 


KEVENUE   AND   TAXES.  885* 

Not  to  Transfer  until  after  Notice. 
Sec.  105.  No  such  foreign  executor  or  administrator  shall  be  author- 
ized to  transfer  any  such  stock  until  after  he  shall  have  given  at  least 
one  month's  notice,  Vjy  advertisement,  published  twice  a  week  lor  four 
weeks,  in  two  daily  newspapers  of  the  city  of  Baltimore,  stating 
therein  the  death  of  his  testator  or  intestate,  and  the  amount  and  des- 
cription of  stock  designated  to  be  translerred. 

Foreign  Executors,  &c. 
Sec.  106.  The  provisions  of  this  article  imposing  a  tax  on  commis- 
sions of  domestic  executors  or  administrators,  shall  exter.d  to  such 
foreign  executor  or  administrator,  and  the  Orphans'  Court  of  the  coun- 
ty or  city  in  which  the  stock  transferred  is  situated,  shall  lix  the  com- 
missions of  such  foreign  executor  or  administrator,  who  shall  there- 
upon pay  the  tax  thereon  to  tlie  register  of  wills  of  such  county  or 
city. 

Trustees  to  File  a  Bond. 

Sec.  107.  Every  trustee,  to  whom  any  estate,  real,  personal  or  mix- 
ed, shall  be  limited  or  conveyed  for  the  benelit  of  cretlitors,  or  to  be 
sold  for  any  other  purpose,  shall  tile  with  the  clerk  of  the  cotirt  in 
which  the  deed  or  instrument  creating  the  trust  may  be  recorded,  a 
bond  in  such  penalty  as  the  clerk  mii,y  prescribe,  being  as  nearly  as 
can  be  ascertained,  double  the  amount  of  the  trust  estaie.  and  with 
sureties  to  be  approved  by  the  clerk,  conditioned  for  the  faithful  per- 
formance of  the  trust,  by  the  deed  or  other  instrument  reposed  in  such 
trustee,  which  bond  shall  be  recorded  in  the  office  of  said  clerk  ;  but 
when  the  sale  is  to  be  on  a  contingency,  no  bond  need  be  given  until 
the  contingency  happens;  no  title  shall  pass  to  any  tru'^tee  as  afore- 
said, until  such  bond  shall  be  tiled  and  approved  as  aforesaid,  and  no 
sale  made  by  any  such  trustee  without  such  bond,  shall  be  valid,  or 
pass  any  title  to  such  projierty  or  estate. 

Whxit  Courts  may  Prescribe  the  Amount. 

Sec.  108.  Whereupon  an  investigation  of  the  circumstances  of  the 
case,  the  Circuit  Court  of  the  county,  or  Circuit  Court  or  Superior 
Court  ol  Baltimore  city,  shall  be  satisfied  that  it  would  be  improper  " 
to  require  a  bond  to  be  given  for  double  the  amount  of  the  property 
placed  in  the  hands,  or  made  subject  to  the  disposition  of  said  trustee, 
the  court  may  prescribe  the  amount  of  the  bond  to  be  given  by  such 
trustee. 

Upon  Failure  to  Give  Bond,  Court  may  Appoint  another  Trustee. 

Sec  109.  If  any  trustee  shall  fail  or  refuse  to  give  such  bond  for  the 
space  of  three  months  alter  the  deed  or  instrument  creating  the  trust 
is  deposited  with  the  clerk  to  be  recorded,  the  clerk  shall  give  notice 
thereof  to  the  court,  of  which  he  is  clerk,  or  to  the  judge  thereof,  who, 
upon  considerati(m  of  the  circumstances  and  u])on  reasonable  notice 
to  the  trustee,  and  such  of  the  inirties  interested  as  may  conveniently 
be  served  therewith,  as  the  court  or  judge  shall  prescribe,  shall  pro- 
ceed to  a])poiut  another  trustee  in  lieu  of  the  trustee  who  shall  have 
failed  or  refused. 

Trust  Estate  shall  Rest  in  the  Trustee. 

Sec.  110.  Upon  the  trustee,  so  apjiointed  by  the  court  or  judge, 
giving  bond  as  belbre  directed,  the  whole  trust  estate  shall  rest  in 


38G*  EEVENUE    AND    TAXES. 

him,  sul)j('ct  to  the  provisions  of  the  trust  deed  or  other  instrument 
croatiiiji:  the  trust,  and  the  same  power  may  be  exercised  by  the  court 
or  judge  from  time  to  time  until  a  trustee  shall  be  appointed  and 
give  bond. 

When  to  Make  Report. 

Sec.  111.  It  shall  be  the  duty  of  the  trustee  within  six  months  from 
the  period  of  his  giving  bond,  to  make  report  upon  oath  to  the  court, 
in  wliich  the  bond  is  tiled,  of  tiie  whole  amount  of  the  trust  estate 
and  tiie  dii-j^osition  m;;dc  of  the  same,  and  any  sale  made  by  such 
trustee,  belbre  taking  etiect,  shall  be  reported  to  and  ratified  by  said 
court. 

Upon  Failure  to  Make  Report. 

Sec.  112.  If  any  trustee  shall  fail  to  make  report  to. the  court,  as 
required  by  the  preceding  section,  the  clerk  shall  issue  a  summons 
commanding  him  to  appear  before  the  court  at  the  next  ensuing  term 
to  make  such  report,  and  if  the  summons  is  returned  served,  and  the 
trustee  shall  fail  appear  and  report,  an  attachment  shall  issue  to  com- 
pel an  appearance,  upon  which  similar  proceedings  shall  be  had  as  in 
other  cases. 

Property  Subject  to  Taxation. 
Sec.  113.  All  estates,  real,  personal  and  mixed,  money,  public  and 
private  securities  for  money  of  every  kind  passing  from  any  person 
who  may  die,  seized  and  possessed  thereof,  being  in  this  State,  or  any 
part  of  such  estate  or  estates,  money  or  securities,  or  interest  therein 
transferred  by  deed,  grant,  bargain,  gift,  or  sale,  made  or  intended  to 
take  efl'ect  in  possession  after  the  death  of  the  grantor,  bargainor,  de- 
visor or  donor ;  to  any  person  or  persons,  bodies  politic  or  corporate 
in  trust  or  otherwise,  other  than  to  or  for  the  use  of  the  father,  moth- 
er, wilie,  children  and  lineal  descendants  of  the  grantor,  bargainor, 
devisor,  donor,  or  intestate,  shall  be  subject  to  a  tax  of  two  and  a  half 
per  centum  on  every  hundred  dollars  of  the  clear  value  of  such  estates, 
moneys  or  securities  ;  and  all  executors  and  administrators  shall  only 
be  discharged  from  liability  for  the  amount  of  such  tax,  the  payment 
of  which  they  may  be  charged  with,  by  paying  the  same  for  the  use  of 
this  State,  as  hereinafter  directed;  provided,  that  no  estate  which 
may  be  valued  at  a  less  sum  than  live  hundred  dollars,  shall  be  sub- 
ject to  the  tax  imposed  by  this  section. 

Tax  for  the  Use  of  the  State. 

Sec.  114.  Every  executor  or  administrator  to  whom  administration 
may  be  granted,  belore  he  pays  any  legacy,  or  distributes  the  shares 
of  any  estate,  liable  to  the  tax  imposed  by  the  preceding  section,  shall 
pay  to  the  register  of  wills  of  the  proper  county  or  city,  two  and  a 
half  per  centum  of  every  hundred  dollars  he  may  hold  for  distribution, 
among  tlie  distributees  or  legatees,  and  at  that  rate  tor  any  less  sum, 
for  the  use  of  the  State;  this  section  shall  not  be  construed  so  as  to 
release  any  tax  already  fixed  on  any  collateral  inheritance,  distributive 
share  or  legacy. 

Tax  to  le  paid  on  Assessed  Value. 

Sec.  115.  AVhcn  any  species  of  pro])erty  other  than  money  or  real 
estate  shall  be  sul>ject  to  said  tax,  tiie  tax  shall  be  paid  on  the  ap- 
praised value  thereof,  as  filed  in  the  register's  office  of  the  proper 


KEVENUE    AND   TAXES.  387* 

county  or  city;  ami  every  executor  shall  have  power,  under  the  order 
of  the  Orphuiis'  Court,  to  s^ell  if  necessary  so  much  of  said  property  as 
■will  en;il>lu  him  to  pay  t<uiil  tax. 

W/(en  to  be  Paid. 
Sec.  116.  Every  executor  or  administrator,  shall,  within  thirteen 
montlis  Iromlhe  d:ite  of  liis  administration,  pay  ^aid  tax  on  distrilm- 
tive  ^hares  and  k-f^acies  in  his  hands,  and  on  failure  to  do  so,  he  shall 
forfeit  his  commissions. 

Valuation  of  Personal  Estate. 

Sec.  117.  In  all  cases  where  real  estate  of  any  kind  is  subject  to  the 
said  tax,  the  Orphans'  Court  of  the  county  in  which  administration  is 
granted,  shall  appoint  the  same  persons  who  may  have  been  apjxiinted 
to  value  the  perbonal  estate,  to  appraise  and  value  all  the  real  estate 
of  the  deceased,  within  the  State. 

Form  of  Warrant. 
Sec.  118.  The  form  of  the  warrant  to  such  appraisers  shall  be  the 
same  as  to  ajipraisers  of  jjcrsonal  property,  except  that  tlie  words 
"real  estate"  shall  be  inserted  tlierein,  instead  of  the  words,  "goods, 
chattels  and  personal  estate,"  and  the  words  "price  of  property,"  in- 
stead of  the  word  "article  ;"  and  the  appraisers  shall  take  the  oath  pre- 
scribed for  appraisers  of  personal  estate,  except  that  the  words  "real 
estate,"  shall  be  substituted  ibr  the  words,  "goods,  chattels  and  per- 
sonal estate,"  and  their  duties  and  jiroceedings  shall,  iu  every  respect, 
be  the  same  as  those  oi  the  appraisers  of  ];ersonal  estate. 

Two  Appraisers. 

Si>:c.  119.  If  the  estate  or  property  lies  in  more  than  one  county,  and 
it  is  not  convenient  for  the  appraisers  to  visit  the  other  county,  the 
coiut  may  appoint  two  appraisers  in  said  county. 

Inventory  of  Real  Estate. 

Sec.  120.  The  inventory  of  the  real  estate  shall  be  entirely  separate 
and  distinct  from  tliat  of  the  personal  estate. 

Court  may  Fill  Vacancies. 

Sec.  121.  On  the  death  or  refusal  of  any  ajjpraiser  to  act,  the  court 
may  appoint  another  in  his  jilace. 

Appraisers  to  Return  Inventory. 
Sec.  122.  The  appraisers  shall  return  the  inventory,  when  com- 
pleted, to  the  executor  or  administrator,  whose  duty  it  shall  be  to  re- 
tuiu  the  same  to  the  office  of  the  register  of  wills  to  which  the  inven- 
tory of  the  personal  estate  is  returnable,  and  within  the  same  time  and 
under  like  penalty,  and  shall  make  oath  tliat  said  inventory  or  inven- 
tories is  or  are  true  and  perfect  inventory  or  inventories  of  all  the  real 
estate  of  the  deceased,  within  this  State,  that  has  come  to  his  knowl- 
edge, and  that,  should  he  thereafter  disudver  any  other  real  (;>tate  be- 
longing to  the  deceased,  in  this  State,  he  will  return  an  additional 
inventory  thereof. 

The  Appraisement. 
Sec.  128.  The  appraisement  thus  made  shall  be  deemed  and  taken 
to  be  the  true  value  of  the  said  real  estate,  upon  which  the  said  tax 
shall  be  paid. 


888*  REVENUE    AND   TAXES. 

Tax  to  he  a  Lien. 

Sec.  124.  The  amount  of  said  tax  shall  1)3  a  lien  on  said  real  estate 
from  the  death  of  the  decedent,  who  shall  have  died  seized  and  pos- 
sessed thereof,  until  the  same  shall  be  paid. 

Shall  Collect  within  Thirteen  Months. 

Sec.  125.  The  executor  or  administrator  shall  collect  the  same  from 
the  parties  liable  to  pay  said  tax,  or  their  legal  representatives,  withia 
thirteen  months  Irom  the  date  of  his  administration,  and  pay  the 
same  to  the  Resist er  of  Wills  of  the  county  or  city  in  which  adminis- 
tration is  granted;  and  if  the  said  parties  shall  neglect  or  fail  to  pay 
the  same  within  that  time,  the  Orphans'  Court  of  the  said  county 
shall  order  the  executor  or  administrator  to  sell  for  cash,  so  much  of 
said  real  estate  as  may  be  necessary  to  pay  said  tax,  and  all  the  ex- 
penses of  said  sale,  including  the  commissions  of  the  executor  or  ad- 
ministrator thereon,  and  after  the  report  of  said  sale,  the  ratification 
thereof  and  the  payment  of  the  pui-chase  money,  the  executor  or  ad- 
ministrator may  execute  a  valid  deed  for  the  estate  sold,  and  not 
before. 

What  Proportion  each  Party  shall  Pay. 

Sec.  126.  Whenever  any  estate,  real,  personal  or  mixed,  of  a  dece- 
dent shall  be  subject  to  the  tax  mentioned  in  the  jareceding  section, 
and  there  be  only  a  life  estate,  or  an  interest  for  a  term  of  years,  or  a 
contingent  interest  given  to  one  party,  and  the  remainder  (U- rever- 
sionary interest  to  another,  the  Orphans'  Court  of  the  county  or  city 
in  which  administration  is  granted,  shall  determine,  in  its  discretion, 
and  at  such  time  as  it  shall  think  proper,  what  proportion  each  party 
who  may  be  thus  interested  in  said  estate  or  property  shall  pay  of 
said  tax  ;  and  the  judgment  of  the  said  court  shall  be  final  and  con- 
clusive; and  every  such  party  shall  pay  to  the  Register  of  Wills  his 
proportion  of  said  tax  within  thirty  days  after  the  date  of  such  de- 
termination, and  any  party  entitletl  in  remainder  or  reversion,  shall 
be  required  to  pay  his  proportion  within  the  same  time  as  if  his  in- 
terest had  vested  in  possession. 

To  be  Paid  icithin  Tliirttj  Days. 

Sec.  127.  If  any  of  the  parties  mentioned  in  the  last  preceding 
sectiiin  shall  refuse  or  neglect  to  pay  the  several  proportions  so  de- 
creed by  the  Orphans'  Court,  within  thirty  days  from  the  time  of  such 
decree,  the  court  shall  order  and  direct  the  executor  or  administrator 
to  sell  all  the  right,  title  and  interest  of  such  party  in  and  to  said 
estate  or  property,  or  so  much  therenf  as  the  court  may  deem  neces- 
sary to  pay  his  proportion  of  said  tax  and  all  expenses  of  sale. 

Liahility  of  I'ond. 

Skc.  12S.  The  bond  of  an  executor  or  administrator  shall  be  liable 
for  all  money  he  may  receive  under  this  article  for  taxes,  or  for  the 
proceeds  of  the  sales  of  real  estate  received  by  him  thereunder. 

Administration  may  be  Revoked. 
Sec.  129.  If  any  executor  or  administrator  shall  fail  to  perform  any 
of  the  duties  imjKised  upon  him  Ijy  this  article,  the  Orphans'  Court 
of  tlie  county  in  which  tiie  administration  was  granted,  may  revoke 
his  administration,  and  his  bcnid  shall  be  liable,  and  the  same  jiro- 
ceediiigs  shall  be  had  against  him  as  if  his  administration  had  beeK 
revoked  fur  any  other  cause. 


KEVENUE   AND   TAXES.  889* 

Poirers  and  Duties. 

Sec.  130.  The  powers  and  duties  of  an  administrator  (fe  bonis  non, 
or  with  tiie  will  annexed,  shall  Ije  tlie  same  under  this  article  as  an 
executor  or  administrator,  and  he  shall  be  subject  to  the  same  lia- 
bilities. 

Suimnoiis  to  Shoio  Cavse. 

Sec.  1'?1.  In  all  cases  where  any  estate,  real,  personal  or  mixen, 
shall  be  subject  to  the  collateral  inheritance  tax  imposed  by  this  arti- 
cle, and  no  administration  is  taken  out  on  the  estate  of  the  person 
who  died  seized  and  possessed  thereof,  within  ninety  days  after  the 
death  of  said  person,  the  Orphans'  Court  of  the  county  in  which  ad- 
ministration  should  be  granted,  shall  issue  a  summons  for  the  parties 
entithd  to  administration  to  show  cause  wherefore  they  do  not  ad- 
minister. 

New  Administration  (Granted. 

Sec.  132.  If  the  parties  entitled  by  law  to  administration  do  not 
administer  within  a  reasonable  time  to  be  fixed  by  the  said  court,  or 
if  tliey  be  incapable,  or  being  cajjable,  if  they  decline  or  refuse  to 
appear  on  proper  summons  or  notice,  administration  shall  be  granted 
to  such  person  as  the  court  may  deem  proper. 

Collateral  Inheritance   Tax. 

Sec  133.  In  all  cases  where  application  is  made  to  the  Orphans' 
Court  or  Register  of  Wills  of  any  county  or  the  city  of  Baltimore,  for 
letters  testamentary  or  of  admi'vstration.  the  said  court  or  roi^ister 
shall  in(iuire  of  the  person  muiving  tiie  application  whether  he  knows 
or  believes  there  is  any  real  estate  of  the  decedent  liable  to  the  col- 
lateral inheritance  tax,  and  the  answer  of  such  apj^licant  shall  be 
given  on  oath  if  the  court  or  register  requires  it. 

Dujjlicate  Receipts. 

Sec.  134.  The  Register  of  Wills  shall  give  to  the  person  paying  the 
collateral  inheritance  tax  imposed  by  this  article,  duplicate  receipts 
for  said  tax,  one  of  which  shall  be  forwarded  by  said  person  to  the 
Treasurer,  to  be  by  him  preserved,  and  copies  thereof  shall  be  evidence 
in  suits  upon  the  bond  of  said  register. 

When  to  Account  on  Oath. 

Sec.  135.  It  shall  be  the  duty  of  the  several  clerks  and  the  several 
Registers  of  Wills  in  this  St;ite,  to  account  with,  upon  oath,  and  pay 
to  the  Treasurer  on  the  first  Monday  of  March,  June,  September  and 
December,  in  each  and  every  year,  all  sums  of  money  received  i)y  them 
respectively,  for  which  they  shall  be  allowed  a  commission  of  five 
per  centum  upon  the  amount  so  paid  over. 

Clerks  or  lie^/iMers  Failing  to  Account. 
Sec  136.  If  any  of  the  said  clerks  or  registers  shall  fail  to  account 
and  pay  over  as  required  in  the  last  preceding  section,  the  Comp- 
troller shall,  in  thirty  days  thereafter,  give  notice  tlii-rcof  to  the 
State's  Attorney  for  the  county  or  city,  whose  duty  it  sliall  i)e  to  put 
the  bond  of  such  clerk  or  register  in  suit  lor  the  use  of  tlie  State,  in 
which  suit  a  recovery  shall  be  had  f()r  the  amount  nppcari'ig  to  be 
due,  with  interest  at  the  rate  often  per  cent,  per  annum  from  the  date 
or  dates  when  the  same  was  payable  as  aforesaid,  which  recovery 


390*  REVKNUE    AND   TAXES. 

shall  be  eviflence  of  mislxliavior,  and  upon  conviction  thereof,  the 
said  clerk  or  register  shall  be  removed  Ironi  office,  which  shall  there- 
upon 1)6  tilled  as  prescribed  by  the  Constitution,  and  such  failure  on 
the  part  of  any  clerk  or  register,  shall  amount  to  a  forfeiture  of  the 
coiuniissiou  to  which  he  would  otherwise  be  entitled. 

Liable  to  Execution. 
Sec.  137.  All  lands  and  tenements  belonging  to  any  person  indebt- 
ed to  this  State,  after  the  commencement  of  suit  against  him,  shall  be 
liable  to  execution  on  any  judgment  or  d'cree  which  may  be  rendered 
against  h;m  m  such  suit,  in  whatsoever  hands  or  possession  the  said 
hiiids  or  tenements  may  be  fouml. 

Valuing  the  titocl-  of  CoijMrations. 

Sec.  142.  For  the  jjurpose  of  valuing  the  ,stock  of  banking  and 
other  private  corporutions  held  by  n((n-resident  stockholders,  it  is 
hereoy  declared  and  understood  that  the  stock  of  banking,  instirance 
or  other  cor])orations,  usually  termed  moneyed  institutions,  are  situate 
at  the  jjlace  at  which  the  principal  office  for  the  transacting  the 
business  of  such  corporation  is  situate;  the  stock  of  a  turnpike,  rail- 
road, steamboat,  canal  or  other  improved  corporation  is  situate  at  the 
place  where  its  principal  office  for  the  transaction  of  business  shall  be 
established,  if  the  said  olHce  be  within  the  limits  (jf  this  State,  and 
shall  be  so  assessed,  and  if  not,  then  the  assess! ble  jDroperty  of  suck 
corporation  shall  be  valued  and  assessed  in  the  county  or  counties  in 
which  said  property  is  situate,  and  in  the  city  of  Baltimore  so  lar  as 
it  is  situate  in  said  city;  and  the  stock  of  mining,  manufacturing  and 
other  like  corporations,  situate  at  the  place  where  the  works  ol  such 
corjioration,  or  the  greater  part  of  their  oi:)erations  respectively  shall 
be  conducted,  shall  be  assessed  in  like  manner  in  the  county  or  city 
where  such  works  are  situate. 

Verifying  Accovnts. 

Sec.  143.  The  County  Commissioners  or  Appeal  Tax  Court  of  Balti- 
more city,  may  require  the  accounts  of  stock  lurnished  as  aforesaid,  to 
•be  verilicd  by  the  oath  or  affirmaticm  of  the  proper  officer  of  the  cor- 
poration, or  may  require  that  the  stock  and  other  books  of  said  cor- 
poration shall  be  open  to  them  for  their  insijection. 

Penalty  for  Neglect. 
Sec.  144.  If  any  sucli  president  or  other  proper  officer  shall  fail  to 
perform  the  duties  imposed  upon  him  by  the  preceding  sections,  such 
olhcer,  shall,  on  indictment  and  conviction,  be  lined  therefor  not  less 
than  live  hundreil  dollars. 

Assessment  of  Shares  of  Capital  Stoch. 

Sec.  145.  The  Comptroller  of  the  Treasury,  shall,  on  or  before  the 
fifteenth  day  of  May  in  each  year,  assess  the  shares  of  cajjital  stock  in 
all  i)anks,  State  or  National,  banking  associations,  and  other  incor- 
jiorated  institutions  or  companies  incorporated  by  this  State,  or  loca- 
ted and  doing  business  therein,  except  railroad  and  canal  companies, 
at  the  true  value  tliereof  in  dollars  and  cents,  and  for  the  pur])ose  of 
ascertaining  the  true  value  of  such  shares  the  Comptroller  is  hereby 
authorized  and  empowered  to  examine  upon  oath  any  otHcer  of  the 
same  touching  the  atl'airs  thereof,  or  to  examine  upon  oath  any  other 


REVENUE   AND   TAXES.  391* 

person  as  a  witness,  wlioni  lie  may  be  advised  has  important  informa- 
tion in  regard  to  the  value  of  such  shares  of  capital  stock,  and  any 
Hurl)  olli'.-er  refusing  to  answer  upon  oath  touching  the  ail'airs  oi'  kucIi 
bank,  blinking  associations  or  company,  of  wliicli  he  is  an  officer, 
shiill,  on  indictment  and  conviction  thereof,  be  lined  not  less  than  live 
hundred  dollars. 

Officers  shall  Report  ly  April  15th,  Annually. 

Sec.  146.  The  president,  cashier  or  other  chief  officer  of  any  bank 
or  banking  association,  State  or  National,  located  and  doing  business 
in  tills  State,  shall,  by  the  lifteenth  day  of  April  in  each  year,  report 
to  tlie  Comptroller  of  the  Treasury,  a  true  and  correct  statement  of  the 
numlicr  ot  shares  of  capital  stock  in  sucli  liank  or  banking  association 
of  which  he  is  president,  cashier  or  chief  officer ;  and  the  par  value  o'i 
eacli  bharc,  with  such  otlier  information  in  regard  to  the  value  of  the 
same  as  may  be  required  Ijy  the  Comptroller,  and  may  be  in  the  pos- 
session oi  such  officer;  and  the  Comptroller  shall,  annually,  by  the 
fifteenth  day  of  May  in  each  year,  assess  the  said  shares  at  their  true 
value,  and  levy  the  State  taxes  prescribed  bylaw  upon  the  same;  aiul 
it  shall  be  the  duty  of  the  said  president,  cashier  or  other  chief  officer, 
on  or  bef  ire  the  first  day  of  January  next  succeeding,  to  pay  to  the 
Treasurer  of  the  State,  the  State  tax  on  saidsliares  of  the  capital  stock 
of  such  bank  or  Viauking  association  of  which  he  is  president,  cashier 
or  other  chief  officer  as  aforesaid. 

Penalty  for  Nerjlect. 

Sec.  147.  On  the  failure,  refusal  or  neglect  of  any  president,  cashier, 
or  other  cliief  officer  of  any  such  bank  or  banking  association,  to  fur- 
nish to  the  Comptroller  by  the  fifteenth  day  of  April  in  eaeli  year  the 
statement  required  to  be  furnished  by  the  preceding  section,  such 
president,  cashier,  or  other  chief  officer  of  said  bank  or  banking  as 
sociation,  shall  forfeit  and  pay  to  the  State  of  Maryland  the  sum  ot 
five  hundred  dollars,  to  be  recovered  in  the  name  of  the  State  in  tlie 
Circuit  Court  of  the  county  where  tlie.  said  bank  or  banking  associa- 
tion is  hicated,  or  the  Superior  Court  of  Baltimore  city,  if  the  same 
be  located  in  that  city,  with  costs  of  suit,  and  a  lee  of  lifty  dollars 
shall  be  taxed  as  part  of  the  plaintiff's  costs,  wiiich  the  attorney  shall 
be  entitled  to  receive  for  prosecuting  said  action  to  a  recovery  ;  and 
it  shall  be  the  duty  of  the  Comptroller  to  cause  suit  to  be  brought  to 
recover  said  penalty. 

Penalty  for  Failure,  Refusal  or  Neglect. 
Sec.  148.  On  the  failure,  refusal  or  neglect  of  any  such  bank  oi 
banking  association  to  pay  said  tax  on  tlie  shares  of  its  capital  stock, 
as  provided  by  the  preceding  sections,  by  the  first  liay  of  January 
succeeding  said  levy,  tlie  Comptroller  shall  cause  suit  to  be  broiiglit 
in  the  name  of  the  State  against  the  said  bank  or  bankini:  association, 
for  the  said  taxes,  in  the  Circuit  Court  lor  the  county,  or  the  Superior 
Court  of  Baltimore  city,  as  the  case  may  be;  and  the  said  suit  shall 
stand  for  trial  at  the  first  term,  and  judgment  shall  lie  rendered  on 
motion,  ui>less  issue  be  made  and  a  trial  by  Jury  be  desired  by  either 
party,  in  which  case  a  jury  shall  ibrthwith  Ijc  impannelotl  to  try  the 
same;  and  the  certilicate  of  the  Comptroller  of  the  amount  of  said 
taxes,  and  that  tiie  same  remain  due  and  unpaid,  shall  h^  priirta  facie 


373  strPEKvrsoRS  of  roads. 

evidence  to  entitle  the  State  to  a  verdict  and  judgment  atjainst  said 
bank  or  banking  association ;  and  in  all  cases  where  the  said  court 
shall  find  for  the  State,  judgment  shall  l>e  rendered  against  the  said 
bank  or  banking  association  for  the  amount  of  said  taxes,  and  ten 
per  cent,  additional  as  damages;  and  all  costs,  and  a  fee  of  fifty  dol- 
lars shall  be  allowed  the  attorney  in  every  such  case,  to  be  taxed  as  a 
part  of  the  plaintiff's  costs  in  such  suit. 


WAGES  EXEMPT  FROM  EXECUTION. 


Page  882.  The  Act  of  1874.  enacts  as  follows  : 

Art.  10,  Sec.  36.  Noaltuchment  n])on  warrant,  judgment  upon  two 
non  ests,  or  upon  original  process,  shall  issue  against,  be  levied  on  or 
aftect  the  wages  or  hire  of  any  laborer,  or  employee,  not  actually  due 
at  the  date  of  such  attachment  in  the  hands  of  the  employers,  wheth- 
er such  employers  be  ind  viduals  or  corporations,  unless  the  debt  or 
judgment  upon  which  such  atiachment  is  issued,  shall,  exclusive  of 
cost,  exceed  the  sum  of  one  Imndred  dollars;  and  the  sum  of  one  hun- 
dred dollars  of  such  wages,  or  hire  due  to  any  laborer  or  employee, 
by  any  employer,  or  corporation,  shall  always  be  exempt  from  attach- 
ment by  any  process  whatever;  provided,  ihni  this  Act  and  nothing 
lierein  contained  shall  apjjly  or  in  any  manner  efiect  any  existing 
debt,  contract,  note,  or  judgment,  nor  prevent  any  person  or  body 
corporate  from  issuing  an  attachment  on  any  judgment,  now  obtained 
or  which  may  hereafter  be  obtained  on  any  note,  debt  or  contract  ex- 
isting at  the  time  of  the  passage  of  this  Act ;  and  provided  that  noth- 
ing in  this  Act  shall  apply  to  non-resident  delendants. 


SUPERVISORS    OP    ROADS. 

The  Supervisors  of  Roads  are  ajjpointed  by  the  County  Commis- 
sioners, by  Article  28,  Section  1,  of  the  Public  General  Law,  1865,  ch. 
85.  Their  duties  are  prescribed  by  Article  90  of  the  Public  Gen- 
eral Jjaws.  The  first  seven  Sections  of  said  Article  relate  to  the 
election  of  Supervisors  of  Election  Districts  by  the  people,  which 
was  changed  by  the  Constitution  of  1864. 

Oath  of  Office. 
Sec.  8.  Each   Road  Supervisor  shall  take  and  subscribe  the  oath 
prescribed  by  the  Constitution  and  Laws. 

Term  of  Office  Commences  January  First. 
Sec.  9.  The  term  of  oflice  of  Road  Supervisor  shall  liegin  on  the 
first  day  of  January  ensuing  his  election,  and  shall  continue  for  two 
years  from  that  date,  and  until  the  qualification  of  his  successor. 


BUPEKVI80R8   OP   ROADS.  8 73 

Commissioners  to  Fix  Compensation. 

Sec.  10.  The  County  Commissioners  of  each  county  shall  determine 
the  amount  of  compensation  or  salary  each  Supervisor  shall  be  en- 
titled to  receive,  taking  into  consideration  in  estimating  a  fair  com- 
pensation, the  reasonable  amount  of  labor  and  supervision  to  be  per- 
formed in  each  district;  but  such  compensation  or  salary  shall  not 
be  increased  or  diminished  unless  the  appropriations  or  expenditures 
for  roads  in  said  election  districts  shall  be  increased  or  diminished 
during  his  term  of  office. 

To  Report  to  Commissioners  on   Oath. 

Sec.  11.  Each  Road  Supervisor  shall  annually,  at  such  time  as  the 
County  Commissioners  of  liis  County  shall  determine,  report  to  them 
on  oath,  the  general  condition  of  the  roads  and  bridges  under  Ms 
supervision,  the  amount  of  money  or  labor,  or  both,  expended  or  per- 
formed on  said  roads  and  bridges,  in  the  emi)loymeut  of  deputies, 
agents,  contractors,  laborers  and  materials,  and  such  other  matters 
relative  thereto  as  the  County  Commissioners  shall  suggest  and 
require. 

Upon  being  Satisjied.,  Supervisors  may  be  Paid. 

Sec.  12.  lJ])on  such  report  being  made  in  the  manner  prescribed 
by  the  County  Commissioners,  and  upon  the  County  Commissionere, 
or  a  majority  of  them,  being  satislied  that  said  Road  Supervisor 
has  fully  discharged  his  duty  as  such,  and  not  before,  they  shall  pay 
or  cause  to  be  paid  to  said  Supervisor,  or  order,  the  amount  of  com- 
pensation which  shall  have  been  determined  by  them. 

Mai/  Employ  Deputy  Supervisor. 
Sec.  13.  Each  Supervisor  shall  have  power  to  employ  any  person 
as  Deputy  Supervisor  or  agent,  that  he  may  deem  necessary. 

May  Divide  the  Road  between  Supervisors. 
Sec.  14.  Where  public  roads  form   dividing  lines  between  election 
districts,  the  County  Commissioners  shall  divide  the  said  roads  be- 
tween the  Supervisors  of  the   contiguous  election  districts,  as  they 
may  deem  right. 

Road  Supervisor  Liable  to  Presentment  for  Neglect  of  Duty. 
Sec.  15.  Every  Supervisor  shall  be  liable  to  be  presented  by  the 
Grand  Jury  of  his  county,  for  any  neglect  of  duty  or  malfeasance  in 
office,  and  shall,  upon  conviction  thereof  before  the  Circuit  Court  of 
his  county,  be  fined  in  each  case  not  less  than  five  or  more  than 
twenty-five  dollars  in  the  discretion  of  the  Court;  provided^  that  the 
Road  Supervisors  in  those  counties  where  the  County  Commissioners 
make  the  appropriation  and  levy  for  roads  in  advance  of  the  expendi- 
ture by  the  Supervisors,  sluill  not  be  required  or  authorized  to  expend 
in  the  repair  of  roads  within  their  respective  districts,  a  larger  sum 
per  mile  than  shall  have  been  levied  by  the  County  Commissioners 
for  that  purpose. — 18G3,  ch.  201. 

Commissioners  may  Revoke  Commission  of  Supervisor. 
Sec.  16.  The   County  Commissioners  shall  have  power  to  revoke 
the  commission  of  any  Road  Supervisor  at  any  time  during  his  term 
of  office,  for  neglect  of  duty  or  malfeasance  in  office,  and  shall  have 


374  SUPERVlSOKa   OP   ROADS. 

power  to  fill  any  vacancy  that  may  occur  from  any  cause  in  the  office 
of  Road  Supervisor  for  the  remainder  of  the  term  that  shall  become 
vacant. 

Duty  of  Supervisor. 
Sec.  17.  It  shall  be  the  duty  of  the  Supervisors  of  Roads,  to  remove 
all  trees,  trash  or  gravel  which  may  lodge  against,  or  near  any  bridge, 
over  any  creek  or  run,  so  as  to  obstruct  tlie  passage  of  the  water,  and 
to  fall  all  dead  trees  on  each  side  of  all  main  roads,  whose  limbs 
hang  over  the  road,  to  prevent  any  damage  that  may  happen  by  their 
falling  on  travelers. 

Owner  of  Mill  Dam  to  Make  a  Carriage  Way. 
Sec.  18.  When  any  mill  dam  has  been  or  shall  be  erected,  and  any 
public  road  previously  existing  is  obstructed  thereby,  the  owner  of 
such  mill  or  other  water  works,  shall  make  a  convenient  and  safe 
way  over  the  breast  of  said  dam,  at  least  twelve  feet  wide,  and  keep 
the  same  in  repair,  or  if  a  safe  way  for  carriages  cannot  be  made  on 
the  breast  of  said  dam,  the  said  owner  shall  l>uild  a  bridge  twelve 
feet  wide  either  above  or  below  said  dam,  and  connect  the  same  con- 
veniently with  such  public  road,  so  that  the  same  shall  be  easily  pass- 
able ior  wagons  or  carriages,  and  such  owner  shall  keep  the  said 
bridge  in  repair. 

Shall  Keep  a  Bridge  over  Mill  Races. 

Sec.  19.  Where  any  race,  appertaining  to  any  mill  or  other  water 
works,  may  cross  a  public  road  existing  when  such  race  shall  be  made, 
the  owner,  or  occupier  of  such  mill  or  other  water  works,  shall  keep  a 
good  and  sufficient  bridge,  not  less  than  twelve  feet  in  width,  over 
such  race. 

If  Owner  Refuses,  Supervisor  to  Make  Bridges. 

Sec.  20.  Where  the  owner  or  occupier  of  any  mill  or  other  water 
works,  shall  reiuse  or  neglect  to  make  either  of  the  bridges  or  the  way 
over  the  breast  of  the  dam,  mentioned  in  the  two  preceding  Sections, 
or  keep  the  same  in  good  repair,  the  Supervisor  having  charge  of  said 
road,  shall  proceed  forthwith  to  erect  or  repair  the  same,  and  return 
an  exact  account  of  the  expense  thereof,  on  oath,  to  the  County  Com- 
missioners at  their  next  meeting. 

Sheriff  to  Collect  the  Cost  of  Same. 

Sec.  21.  If  the  County  Commissioners  shall  be  satifled  that  the  ac- 
count returned  by  any  Sujjervisor  under  the  preceding  Section  is  cor- 
rect, they  shall  place  the  same  in  the  hands  of  the  sheriff,  who  shall 
collect  the  same  from  the  owner,  occupier  or  possessor  of  such  mill  or 
other  water  works,  in  the  same  manner  as  other  county  charges ;  and 
he  shall  pay  the  same,  when  collected,  to  the  County  Commissioners, 
for  the  use  of  the  county. 

Fine  foi'  Destroying  any  Index.,  $5.00. 
Sec.  22.  All  persons  who  shall  wantonly  and  maliciously  impair  or 
destroy  any  index  in  wood  or  stone,  or  any  finger  board  erected  for 
the  inlbrmation  of  travellers  in  this  State,  shall  l)e  fined  not  exceed- 
ing five  dollars  for  ea(;li  oflence,  one-half  to  the  informer,  and  the 
other  half  to  the  use  of  the  county  where  the  oflence  was  committed. 


COUNTY   OFFICERS.  375 


TRUSTEES    OP   THE    POOH. 

The  Trustees  of  the  Poor  are  a])))(>intefl  bj'  the  County  Commis- 
sioners by  Article  28,  Sec.  29  of  the  Piil)lic  General  Law. 

The  duties,  c^c,  prescribed  by  the  Pulilic  General  Laws,  n^latin^  to 
the  Trustees  of  the  Poor,  are  contained  in  Sections  17  and  19,  of  Art. 
6,  entitled  ''Master  and  Apprentice,"  as  follows  : 

Trustees  may  Bind  Out  Orphans  or  Poor  Children. 
Art.  6.  Sec.  17.  The  Trustees  of  the  Poor  in  any  county,  or  any 
three  of  tliem.  or  any  officers  in  any  county  actini;  as  Trustees  of  the 
poor,  may  bind  out  any  orphan  or  otlier  poor  child  Under  their  care 
in  the  poor-house  o''  said  county,  to  any  discreet  person  a]!]jlying 
therefor — always  giving  preference  to  tradesmen  and  mechanics,  and 
requiring  said  applicants  to  sign  a  good  and  sufficient  iiKh'nture  to 
learn  said  apprentice  the  occupation  that  he  follows,  and  to  liud  liim 
in  good  and  sutficient  clotliing,  meat,  drink,  wash  ng  and  lodiring, 
and  give  him  education  as  hereinbefore  required  to  be  given  to  ap- 
prentices bound  by  the  Or|3hans'  Court. 

Also  the  Children  of  any  Pau-per  or  Vagrant. 
Sec.  19.  The  Trustees  of  the  Poor  in  any  county  may  also,  in  the 
recess  of  the  Orphans'  Court,  ujjon  inforn.ation,  issue  their  citation 
to  the  sheriff,  or  any  constable  of  the  county,  to  cause  to  be  broui^ht 
before  them  the  child  or  children  of  any  pauper  or  vagrant,  and  l)ind 
them  out  as  apprentices  for  the  time  and  upim  the  tei'ms  hereinbefore 
prescribed;  provided,  the  contract  of  apprenticeship  shall,  within  two 
months  thereafter,  be  approved  by  the 'said  Orplims'  Court  by  en- 
dorsement thereon  as  aforesaid,  and  recorded  among  the  records  of 
the  said  Orphans'  Court. 


CONSTABLES. 

The  County  Commissioners  appoint  the  Constables  in  their  respec- 
tive counties,  under  the  Constitution,  Article  4,  Part  VI,  Section  42. 
See  page  176,  for  the  Powers  and  Duties  of  Constables  under  the  Public 
General  Laws. 


OTHER  COUNTY  OFFICERS. 

Paqk. 

For  other  County  Officers,  see  Clerks  of  Courts, 118 

Judges  of  the  Orphans'  Courts, 147 

Register   of  Wills, 156 

Justices  of  the  Peace, 161 

Sheriffs, 183 

States  Attornies, 197 

Surveyors, 281 

County  School  Commissioners,   tfcc, 287 

Notaries  Public, 271 

Auditors, 274 

Jurors 278 

Witnesses, 288 

Coroners, 293 


QUALIFICATION    OF   rCBLIC    OFFICERS. 


QUALIPICATION     OF    PUBLIC    OFFICERS. 

Constitution,  Article  XV,  Section  10. 

The  mode  of  Qualification  of  Public  Officers  is  prescribed  by  the 
Constitution,  Article  15,  Section  10,  as  follows: 

How   Officers  niay  Qualify. 

Sec.  10.  Any  Officer  elected  or  appointed  in  pursuance  of  the  pro- 
visions of  this  Constitution,  may  qualify,  either  according  to  the  ex- 
isting jorovisions  of  law  in  relation  to  Officers  under  the  present 
Constitution,  or  before  the  Governor  of  the  State,  or  before  any  clerk 
of  any  Court  of  Eecord  in  any  part  of  the  State;  but  in  case  an  Offi- 
cer shall  qualify  out  of  the  county  in  which  he  resides,  an  official  copy 
of  his  oath  shall  be  filed  and  recorded  in  the  clerk's  office  of  the 
Circuit  Court  of  the  county  in  whith  he  may  reside,  or  in  the  clerk's 
office  of  the  Superior  Court  of  the  City  of  Baltimore,  if  he  shall  reside 
therein. — Const.  Art.  15,  Sec.  10. 

g^^See  Constitution,  Article  1,  Sections  6  and  7,  entitled  '-Elec- 
tive Franchise." 


QUALIFICATION  UNDER  THE  GENERAL  LAWS. 

The  "existing  provisions  of  law."'  are  contained  in  Article  78  of  the 
Public  General  Laws,  entitled  "Official  Oaths,"  &c.,  as  follows: 

How  the  Governor  Qualifies. 
Sec.  1.  The  Governor  shall  take  smd  subscribe  the  oath  prescribed 
by  the  Constitution,  on  the  second  Wednesday  of  January  next  ensu- 
ing his  election,  or  as  soon  thereafter  as  may  be  practicable,  between 
the  hours  of  twelve  and  two  o'clock,  P.  M.,  in  the  Senate  chamber, 
before  the  Chief  Justice  of  the  Court  of  Appeals,  or  in  case  of  his 
sickness,  absence,  or  inability  from  any  other  cause,  to  attend  before 
one  of  the  Associate  Justices  of  said  Court ;  and  the  said  oath  shall  be 
recorded  in  the  test  book  of  the  Court  of  Appeals. 

Other  State  Officers. 

Sec.  2.  The  Secretary  of  State,  the  Judges  of  the  Court  of  Appeals 
and  their  Clerk,  the  State  Reporter,  the  State  Librarian,  the  Adjutant 
General,  the  Treasurer,  Comptj'oller,  Commissioner  of  the  Land  Office, 
Commissifmers  of  Public  "Works,  and  the  Keeper  of  the  Records  of 
the  Court  of  Chancery,  shall  take  and  subscrilje  the  said  oath  before 
the  Governor,  and  the  same  shall  be  preserved  in  a  book  to  be  kept 
by  the  Secretary  of  State. 

Mentbers  of  tTie  Legislature. 

Sec.  3.  The  oath  required  to  be  taken  and  subscribed  by  the  mem- 
bers of  the  General  Assembly,  shall  be  administered  by  a  member  of 
the  Senate  to  the  President,  who  shall  administer  the  same  to  the 
other  members  of  that  body  and  to  its  officers,  and  the  same  shall  be 
subscriljed  accordingly,  and  be  administered  by  one  of  the  members 
of  the  House  of  Delegates  to  the  Speaker,  and  by  him  to  the  other 
members  of  that  body  and  to  its  oflicers,  and  the  same  shall  be  sub- 
scribed accordingly. 


qUALIFICATION   OF   TUBLIC    OFFICERS.  377 

Clerics  of  Courts. 
Sec.  4.  The  Clerks  of  the  Circuit  Courts  for  the  counties,  the  Su- 
l)erior  Cnurt  of  Baltimore  city,  the  Court  of  Common  Pleas,  the  Cir- 
cuit Court  of  Baltimore,  and  the  Criminal  Court  of  Baltimore,  shall 
severally  take  and  subscribe  the  oath  prescribed  by  the  Constitution, 
before  the  judges  of  their  respective  courts. 

Cwporation    Officers. 

Sec.  5.  All  Coqioration  Officers,  except  the  Mayor  or  chief  magis- 
trate, shall  take  such  oath  as  may  be  prescribed  by  law  or  ordinance, 
before  the  Mayor  or  chief  magistrate  of  the  corporation. 

All  other  Officers. 

Sec  6.  All  other  Officers  elected  or  a])pointed  to  any  office  of  trust 
or  profit  under  the  Constitution  and  laws  of  this  State,  including  the 
Mayors  or  other  chief  magistrates  of  muuici])al  corporations,  shall 
take  and  subscribe  the  said  oath,  in  the  city  of  Baltimore,  belore  the 
clerk  of  the  Sui^erior  Court,  and  in  the  several  counties  before  the 
clerk  of  the  Circuit  Court,  or  before  one  of  the  sworn  deputies  of  such 
clerks. 

Test  BooTcs. 

Sec.  7.  The  said  clerks  shall  each  procure  and  keep  in  his  office  a 
well-bound  l)Ook  to  be  called  the  test  book,  in  which  shall  be  printed 
or  conspicuously  written  the  oaths  aforesaid;  and  every  person  taking 
or  subscribing  the  same  shall  annex  to  his  signature  the  title  of  the 
office  to  which  he  shall  have  been  elected  or  appointed,  and  the  date 
of  his  signature. 

The  Form  of  Oath. 

Sec.  8.  It  shall  only  be  necessary  for  an  officer  who  is  required  to 
take  and  subscribe  the  oath  prescribed  by  the  fourth  Section  of  the 
first  Article  of  the  Constitution,  to  declare  orally  at  the  time,  his  belief 
in  the  Christian  religion,  or  if  he  professes  to  be  a  Jew,  of  his  belief 
in  a  future  state  of  rewards  and  punishments,  and  it  shall  l)e  pre- 
sumed that  an  officer  who  has  taken  and  subscribed  the  oath,  made 
at  the  same  time  such  declaration  of  belief. 

Other  Forms  of  Oath,  &e. 

Sec.  9.  The  oath  to  be  administered  to  a  person  who  has  an  ap- 
pointment which  requires  him  to  take  an  oath,  but  who  is  not  em- 
l)raced  in  the  provisions  of  the  aforesaid  section  of  the  Constitution, 
shall  be  that  he  will  JaithfuUy  discharge  his  duty,  unless  a  diflerent 
form  of  oatli  is  prescribed  by  law  or  ordinance. 

Oath  of  Attorneys. 

Sec  10.  Every  attorney  or  other  practitioner  at  law  shall  in  open 
court  take  and  suljscrilje  the  following  oath  or  affirmation,  I  do 
.solemnly  swear  (or  affirm)  that  I  will  at  all  times  demean  myself  lairly 
and  honorably  as  an  Attorney  and  Practitioner  at  Law,  that  I  will 
bear  true  allegiance  to  the  State  of  Maryland,  and  support  the  laws 
and  Constitution  thereof,  and  that  I  will  bear  true  allegiance  to  the 
United  States,  and  that  I  will  support,  protect  and  defend  the  Con- 
stitution, Laws  and  Government  thereof  as  the  Supreme  Law  of  the 
Land;  any  law  or  ordinance  of  this  or  any  State  to  the  contrary  not- 
withstanding.— 1867,  ch.  126. 


378  TAX   ON   OFFICEKS'   COMMISSIONS. 

Persons  Neglecting  to  Take  the  Oath,  &c. 

Sec.  11.  Any  person,  whether  elected  or  appointed  to  office,  who 
shall  decline  or  neglect  to  take  and  subscribe  the  oaths  prescribed  by 
the  Constitution,  or  by  law  or  ordinance,  for  the  period  of  thirty  days 
from  the  day  when  the  commission  of  such  officer  has  been  received 
at  the  office  of  the  respective  clerks,  or  in  those  cases  in  which  xw 
commission  is  sent  to  the  clerks  within  thirty  days  after  receiving  his 
commission  or  notice  of  his  appointment,  shall  be  deemed  to  have 
refused  acceptance  of  said  office. 

Fees  of  Clerics. 

Sec.  12.  The  Clerk  of  the  Superior  Court  and  Clerks  of  the  Circuit 
Courts,  (who  shall  be  entitled  to  a  fee  of  ten  cents  for  administering 
the  aforesaid  oath,  to  be  paid  by  the  party,)  shall  report  to  the  Sec- 
retary of  State,  at  least  once  a  month,  the  names  and  offices  of  all 
officers  who  have  taken  and  subscribed  the  same  before  them  re- 
spectively, which  reports  shall  be  carefully  preserved  by  the  said  Sec- 
retary of  State ;  and  he  shall  be  competent  to  certify  the  character 
and  qualification  of  Officers  equally  with  the  aforesaid  clerks. 
Oath  of  Deputies  and  Undei'  Clerics. 

Sec.  13.  All  deputies  and  under  clerks  of  the  clerks  of  any  of  the 
courts  of  this  State,  of  the  Register  of  Wills,  Commissioner  of  the  Land 
Office  and  SheritTs,  shall,  before  they  enter  upon  the  duties  of  their  sev- 
eral offices,  severally  take  and  subscribe  the  following  oath:  I,  A.  B., 
do  swear  that  I  will  not,  for  lucre  or  malice,  delay  any  person  applying 
to  me  for  any  business  belonging  to  the  olhce  I  officiate  in,  and  that 
I  will  not,  directly  or  indirectly,  ask,  take,  exact,  demand  or  receive 
from,  or  charge  to,  any  such  person  to  my  own  use,  any  fee  or  reward 
whatsoever,  tor  any  service  I  may  do  as  deputy  of  the  said  office,  and 
that  in  making  out  the  office  fees,  I  will  not  wittingly  or  willingly 
charge  other  or  higher  fees  than  are  allowed  by  law. 


TAX    ON    OmCEES'    COMMISSIONS. 

Article  8,  Section  149  of  the  Public  General  Laws  requires  the  offi- 
cers named  to  pay  a  tax  on  their  commissions,  as  follows : 

Tax  on  Commissions. 

Art.  81,  Sec.  149.  When  their  commissions  are  delivered  to  them, 
the  following  officers  shall  respectively  pay  to  the  clerk  from  whom 
they  receive  the  same,  the  sums  following,  to  wit: 

The  Judge  of  each  of  the  Circuit  Courts  of  the  several  counties,  fifty 
dollars. 

The  Judge  of  the  Superior  Court,  of  the  Court  of  Common  Pleas,  of 
the  Circuit  Court,  of  the  City  Court,  and  of  the  Criminal  Court  of 
Baltimore  city,  each  fifty  dollars. 

The  Judges  of  the  Court  of  Appeals,  each  fifty  dollars. 

The  Slierifi"  of  Baltimore  city,  three  hundred  dollars. 

The  Sherifls  of  Baltimore  county,  Frederick  county  and  Washing- 
ton county,  each  one  hundred  dollars. 

The  Sheriflf  of  Allegany  county,  seventy-five  dollars. 


TAX   ON   officers'   COMMISSIONS.  879 

The  Sherifls  of  Carroll  county,  Harford,  Dorchester,  Anne  Arundel, 
Worcester,  Somerset,  Cecil  and  Prince  George's  counties,  each  forty 
dollars. 

The  Sheriff' of  Howard  county,  thirty  dollars. 

The  Sheriff's  of  Caroline,  Montgomery,  Talbot,  Charles,  Queen 
Anne's,  Calvert,  Kent  and  St.  Mary's  counties,  each  twenty  dollars. 

Each  Judge  of  the  Ori^hans'  Court  of  the  city  of  Baltimore,  fifty 
dollars. 

Each  Judge  of  the  Orphans'  Court  in  the  several  counties,  ten 
dollars. 

Each  Justice  of  the  Peace  and  Constable  in  the  State,  two  dollars. 

The  Weigher  of  Live  Stock,  fifty  dollars. 

The  Weighers  of  Hay  and  Straw,  each  fifty  dollars,  (except  the 
Weigher  at  the  Eastern  Hay  Scales,  who  pays  ten  dollars  bv  1872, 
ch.  2.36.) 

Each  Notary  Public  in  the  city  of  Baltimore,  twenty  dollars. 

The  Clerk  of  the  Circuit  Court  of  Baltimore,  the  CleVk  of  the  Court 
of  Common  Pleas,  the  Clerk  of  the  Criminal  Court  of  Baltimore  and 
City  Court,  each  two  hundred  dollars. 

The  Kegister  of  Wills  of  the  city  of  Baltimore,  two  hundred  dollars; 
the  Register  of  Wills  of  Baltimore  county,  one  hundred  and  fifty 
dollars. 

The  Register  of  Wills  of  Frederick  county,  one  hundred  dollars  ; 
the  Register  of  Wills  of  Washington  county,  seventy-five  dollars. 

The  Register  of  Wills  of  Allegany,  Carroll,  Harford,  Kent,  Dorches- 
ter, Anne  Arundel,  Worcester,  Somerset,  Cecil  and  Prince  George's 
counties,  each  fifty  dollars. 

The  Register  of  Wills  of  Howard,  Caroline,  Montgomery,  Talbot, 
Charles,  Queen  Anne's  county,  Calvert  county  and  St.  Mary's  county, 
each  thirty  dollars.— 1862,  ch.  282. 

Sec.  150.  The  Clerks  of  the  several  Circuit  Courts,  and  of  the  Supe- 
rior Court  of  Baltimore  city,  shall  not  administer  the  oath  of  office  to 
any  officer,  until  he  jiays  the  tax  on  his  commission,  prescribed  in  the 
preceding  section,  and  the  said  clerks  shall  semi-annually,  on  the  first 
Monday  of  June  and  December,  pay  to  the  Treasurer,  all  sums  of 
money  they  shall  have  received  for  taxes  on  commissions. — Ihid. 

Spjc.  151.  The  Clerks  of  the  Court  of  Appeals,  and  the  Clerk  of  the 
Superior  Court  of  Baltimore  city,  shall  pay  to  the  Treasurer,  two  hun- 
dred dollars  each  ;  and  the  Clerks  of  the  C'ircuit  Courts  of  the  several 
counties,  shall  each  j^ay  the  sum  of  one  hundred  dollars,  when  they 
respectively  take  the  oath  of  office. — Ibid. 

Sec.  152.  The  Secretary  of  State  shall  funjish  to  the  Comi^troller 
annually,  a  list  of  all  officers,  who  have  been  reported  to  him  by  the 
several  clerks  as  having  been  qualified  by  taking  the  oath  of  office. — Ih. 


380  FEES   OF   OFFICERS. 


FEES    OP    OTTICEKS. 

Tlie  Fees  of  Oflicers  are  prescribed  by  Article  38  of  the  Public  Gen- 
eral Laws,  as  follows : 

How  Accounts  Shall  he  Made  Out. 

Sec.  1.  All  accounts  for  officers'  fees  shall  be  made  out  in  a  fair  and 
clear  manner,  and  in  words  at  length ;  and  whenever  any  person  in- 
terested in  them,  or  to  whom  the  same  shall  be  charged,  shall  require 
a  copy  of  such  account,  the  several  officers  herein  named,  shall,  in  as 
short  a  time  as  may  be  convenient,  give  him  an  account  of  such 
charges,  in  words  at  length. 

[The  Act  of  1870,  ch.  441,  amends  Section  1st  of  this  Article,  by 
adding  the  following  thereto,  and  also  provides  that  the  Act  shall 
only  apply  to  the  counties  of  Caroline,  Kent,  Talbot,  Frederick. 
Prince  George's,  Queen  Anne's,  Charles  and  Harford. 

"And  no  account  for  officers'  fees  by  any  of  the  several  officers 
herein  named,  rendered  for  services  to  or  in  behalf  of  any  county  of 
this  State,  shall  be  allowed  by  the  County  Commissioners  thereof, 
until  said  account  has  been  sulnnilted  to  and  approved  by  the  Judges 
of  the  Circuit  Court  of  said  county,  or  a  majority  thereof,  as  in  ac- 
cordance with  the  provisions  of  this  Article." — 1870,  ch.  441.] 

Penalty  $500  fm'  Executing  Fees  more  than  Once  a  Tear. 

Sec.  2.  No  officer,  under  the  penalty  of  five  hundred  dollars,  shall 
send  out  his  fees  on  execution  more  than  once  in  every  year,  between 
the  first  day  of  January  and  the  first  day  of  May. 

Penalti/  for  Malcing  False  Charges. 

Sec.  3.  If  any  officer  shall  by  himself,  his  deputies,  agents  or  clerks, 
charge,  receive,  ask  or  demand  any  larger  or  greater  fees  than  are  al- 
lowed by  this  Article,  he  shall  for  each  oflence.  Ibri'eitand  pay  a  sum  not 
exceeding  one  hundred  dollars  and  not  not  less  than  twenty  dollars,  to 
be  recovered  by  indictment  in  the  Circuit  Court  lor  the  county  where 
such  officer  resides ;  or  if  the  oflence  be  committed  in  the  city  of  Bal- 
timore, by  indictment  in  the  Criminal  Court  of  Baltimore,  one-half  to 
the  informer,  the  other  half  to  the  State,  and  the  inlbrmer  to  be  a  com- 
petent witness. 

Penalti/  for  Receiving  Fees  Once  Paid. 

Sec.  4.  If  any  officer  shall  by  himself  or  his  deputies,  agents  or 
clerks,  ask,  receive  or  demand  any  fees  herein  allowed,  after  the  same 
have  been  paid,  he  shall  for  each  otTence  forfeit  and  pay  ten  dollars, 
to  be  recovered  before  a  justice  of  the  peace  as  small  debts,  one-half 
to  the  use  of  the  informer,  who  shall  be  a  comjjctent  witness,  and  the 
other  half  for  the  State,  and  shall,  in  addition,  return  to  the  party  the 
fees  so  improperly  received. 

Fees  for  Otiier  Services. 
Sec.  5.  For  any  service  not  mentioned  in  this  Article  which  any 
officer  may  render,  he  shall  be  allowed  the  same  fees  herein  allowed 
for  similar  services. 


PUBLIC   HOMDATS.  881 

When  Non- Residents  May  Collect  Fees. 
Sec.  6.  Any  officer  entitled  to  any  fees  for  rendering  services  to 
any  person  who  is  not  a  resident  of  this  State,  or  not  assessed  on  tax- 
able property  therein,  may  require  sucli  fees  to  be  paid  at  the  time  of 
rendering  such  service,  or  security  for  tlie  payment  of  the  same. 

Siz  MontJis  Allowed  Clerks  ami  Registers. 
Sec.  7.  Each  Clerk  and  Register  of  Wills  shall  have  six  months, 
from  the  time  he  retires  from  office,  to  complete  the  untinislicd  Inisi- 
ness  of  liis  office,  anfl  shall  have  during  that  period  a  right,  on  receipt- 
ing therelbr  to  his  successor,  to  all  needful  papers,  in  order  to  enable 
him  to  complete  and  finish  his  business. 

Unfinished  Business  to  he  Completed  in  Six  MontJu. 
Sec.  8.  Each  Clerk  and  Register  on  coming  into  office,  shall  com- 
plete all  the  unfinished  business  which  shall  i)e  in  his  office  unlhiished 
by  his  predecessor  within  the  six  months  given  in  the  preceding  sec- 
tion ;  and  such  Clerk  or  Register  shall  be  allowed  the  usual  ft-es  lor 
so  doing,  the  same  to  be  paid  by  his  predecessor  or  his  representa- 
tives in  cases  where  his  predecessor  has  received  the  fees,  and  in  cases 
where  the  fees  have  not  been  received  by  his  predecessor,  such  Clerk 
or  Register  shall  collect  the  same  from  the  parties  in  the  same  man- 
ner that  he  collects  other  fees  for  similar  services. 

[The  Fee  Tables  given  in  this  Act,  are  published  in  connection  with 
the  several  officers  to  whom  they  apply.] 


PUBLIC     HOLIDAYS. 

The  days  named  in  the  following  Act  of  18fi2,  Chapter  70.  (Article 
5,  P.  G.  L.)  are  recognized  as  public  holidays  in  this  State,  in  conse- 
quence of  the  banks  being  closed  on  those  days  by  said  Act. 

Notes  Due  on  Certain  Days  Payable  on  the  Days  Preceding. 
Akt.  5,  Sub-Sec.  1.  Where  bills  of  exchange  or  promissory  notes, 
become  due  and  payable  on  Christmas  day,  or  on  New  Year's  day,  or 
on  the  fourth  day  of  July,  or  on  the  twenty-second  day  of  February, 
or  on  any  day  of  public  thanksgiving  or  humiliation  and  j/rayer, 
procliumcd  by  the  Governor  of  this  State,  or  by  the  authority  of  the 
Legislature  tliereof,  the  same  shall  be  payable  on  the  day  next  before 
said  Christmas  day,  New  Year's  day,  fourth  day  of  July,  twenty- 
second  day  of  February,  or  day  of  thanksgiving  or  humiliation  as  afore- 
said, unless  said  next  preceding  day  shall  be  Sunday,  in  which  event, 
said  promissory  notes  or  bills  of  exchange,  shall  be  payable  on  the 
Saturday  preceding;  and  it  shall  not  be  necessary  for  the  holders  of 
such  bills  of  exchange  or  promissory  notes,  payable  as  aforesaid,  to 
give  notice  of  the  dishonor  thereof,  until  the  day  next  after  said 
Christmas  day.  New  Year's  day,  fourth  of  July,  or  twenty-second  of 
February,  or  day  of  thanksgiving  or  humiliation  as  aforesaid  ;  and  in 
case  said  next  succeeding  day  shall  be  Sunday,  it  shall  not  be  neces- 
sary for  the  holders  of  said  bills  of  exchange  and  promissory  notes,  to 
give  notice  of  the  dishonor  thereof,  until  the  second  day  next  suc- 
ceeding said  Christmas  day.  New  Year's  day,  fourth  of  July,  or 
twenty-second  of  February,  or  day  of  humiliation  or  thanksgiving  as 
aforesaid;  and  every  such  notice  so  given  as  aforesaid,  shall  be  valid 
and  effectual  to  all  intents  and  purposes. — 18C3,  ch.  70. 


383  MISCELLANEOUS. 

MISCELLANEOUS. 

j.'ROPERTY  Exempt  from  Executioh". 

Const.  Art.  3.  Sec.  44.  Laws  shall  be  passed  by  the  General  As- 
semV)ly  to  protect  from  execution  a  reasonable  amount  of  the  property 
of  the  debtor,  not  exceeding  in  value  the  sum  of  $500. 

The  Public  General  Laws. 

The  Act  of  1861,  Chapter  7,  adds  the  following  Sections  to  Article 
83  of  the  Public  General  Laws. 

When  $100  may  he  Exempted  from  ExecnfAon. 
Sec.  1.  One  hundred  dollars  worth  of  property  of  each  defendant 
therein  shall  be  exempt  from  execution  issued  on  any  judgment  in 
any  civil  proceeding  whatever,  except  on  judgments  for   breach  of 
promise  to  marry  or  for  seduction. 

How  Such  Property  may  "be  Selected. 
Sec.  2.  Each  defendant  in  any  such  execution  may  select  property, 
real  or  per:>(mal,  to  the  value  of  one  hundred  dollars,  to  be  ascertained 
by  three  disinterested  appraisers,  to  be  summoned  and  sworn  by  the 
otRcer  at  the  time  of  levying  the  execution,  and  the  appraisement 
signed  by  the  aj^praisers  shall  be  returned  with  the  writ. 

Whjen  the  Whole  Property  must  he  Sold,  t&c. 
Sec.  3.  If  any  property  of  any  defendant,  whether  real  or  personal? 
cannot  be  divided  so  as  to  set  apart  a  poi'tion  of  it  of  the  value  of 
one  hundred  dollars,  without  loss  and  injury  to  all  parties  concerned, 
then  the  whole  shall  be  sold,  and  the  defendant,  whose  property  is  so 
sold,  shall  have  one  hundred  dollars  of  the  proceeds  in  money,  and 
whether  the  property  can  be  divided  without  loss  shall  be  deter- 
mined by  the  appraisers;  this  section  only  to  apply  to  cases  where  a 
single  parcel  of  land  or  single  article  of  personal  property  is  levied 
on,  and  in  all  such  cases  the  officer  shall  not  sell  unless  the  propezty 
otfered  shall  bring  more  than  one  hundred  dollars. 

What  Chattels  are  Exempt. 

Sec.  4.  All  wearing  apparel,  books,  and  the  tools  of  mechanics,  shall 
be  exempt  from  execution,  in  addition  to  the  property  hereinbefore  ex- 
empted, but  this  shall  not  a^^i^ly  to  any  books  or  tools  kept  for  sale. 

Not  to  Impair  Liens  of  Vendors,  Mortgagees,  Mechanics,  &c. 
Sec.  5.  The  preceding  sections  relating  to  exemptions  shall  not 
impair  the  lien  of  any  vendor  for  the  purchase  money  of  land,  nor  of 
any  mortgage,  nor  of  any  mechanic  or  other  person,  for  any  debt 
contracted  lor  or  in  aid  of  the  erection  of  any  building,  nor  from  any 
levy  thereon  for  taxes. 

Exemption  to  Apply  Only  to  Actval  Residents  of  the  State. 
Sec.  6.  The  exemption  herein  shall  not  apply  to  any  execution  on 
a  judgment  rendered  on  any  contract,  or  to  any  liabilities  which  now 
exist  or  may  exist  when  this  Act  shall  take  cftect;  and,  provided 
that  nothing  herein  contained  shall  be  construed  to  apply  to  any  per- 
sons except  actual  honajide  residents  of  the  State  of  Maryland. — 1870, 
chap.  195. 


BALTIMORE  CITY. 


STATE  AND  MUNICIPAL 
OFFICERS. 


25—26 


THE   MAYOKS   OP    BALTIMORE   CITY. 

Fkom  the  Commencement  of  the  City  Government, 
With  their  Terms  op  Service. 


[The  Mayors  were  elected  in  October,  every  Two  Years.] 


Hon.  James  Calhoun, 1797 

Thorougood  Smith,.  ..  1805 


Edward  Johnson, 1809 

George  Stiles, 1817 

Edward  Johnson, 1819 

John  Montgomery,.. .  .1821 

Edward  Johnson, 1823 

John  Montgomery,.. .  .1825 

"  *Jacob  Small, 1827 

"     William  Stewart, 1830 

"  *Jesse  Hunt, 1883 

Gen.  Samuel  Smith,  ..1836 
"     S.  C.  Leakin 1839 


Hon.  Solomon  Hillen,  Jr.,..  .1842 

"     James  O.  Law, 1843 

Jacob  G.  Davies, 1845 

Elijah  Stansbury, 1849 

J.  H.  T.  Jerome 1851 

John  Smith  Hollins,,.  .1853 

Samuel  Hinks, 1855 

Thomas  Swann, 1857 

tGeo.  Wm.  Brown, 1861 

|John  Lee  Chapman,. .  .1862 
John  Lee  Chapman,. . .  1863 

"  ^Robert  T.  Banks, 1867 

"     Joshua  Vansant, 1871 


"  *Samuel   Brady, 1841 

*  Resigned. 

t  Arrested  and  imprisoned  by  military  power,  Sept.  12th,  1861. 
J  Mayor,  ex-officio,  during  the  remainder  of  Mayor  Brown's  term. 
^  Four  years'  term  under  the  Constitutiou. 


THE  OFFICERS  OF  BALTIMORE  CITY 

Under  the  Constitution,  the  Acts  of  Assembly  and  the 

City  Ordinances. 

THE    BALTIMOEE    CITY    CHARTER. 

The  Chartered  Powers  of  the  City  of  Baltimore  as  prescribed  by  the 
Constitution  and  Laws,  are  as  follows : 

Constitution.  Article  XI. 
The  Mayor — When  Elected — His  Term  of  Oflxre 
Sec.  1.  The  inhabitants  of  the  City  of  Baltimore,  qualified  by  law 
to  vote  in  said  city  for  members  of  the  House  of  Deletjates,  shaJl.  on 
the  fourtli  "Wednesday  of  October,  eighteen  hundred  and  sixty-seven, 
and  on  the  same  day  in  every  fourth  year  thereafter,  elect  a  person  to 
be  Mayor  of  the  City  of  Baltimore,  who  shall  liave  such  qualifica- 
tions, receive  such  compensiition,  discharge  such  duties,  and  have 
such  powers  as  are  now,  or  may  hereafter  1)0,  ])rescribefl  by  law ;  and 
the  term  of  whose  office  shall  commence  on  the  first  Monday  of  No- 
vember succeeding  his  election,  and  shall  continue  for  four  years,  and 
until  his  successor  shall  have  qualitied  :  and  he  shall  be  ineligible  for 
the  term  next  succeeding  that  for  wliich  he  was  elected. 

[The  Act  of  1870,  Chapter  116,  changes  the  term  of  Mayor  to  two 
vears,  as  follows: 

Tei'm  of  Mayor  Chnntjed,  d-c. 

Sec.  1.  In  pursuance  of  the  power  contained  in  Section  9  of  Ar- 
ticle XI,  of  the  Constitution,  entitled  Baltimore  City.  Section  1 
of  said  Article  be  and  the  same  is  hereby  chanifod  and  altered  so  far 
as  it  provides  that  the  term  of  office  of  the  Mayor  of  Baltimore  City 
shall  continue  for  four  years,  and  that  he  shall  be  ineligible  for  the 
term  next  succeeding  that  for  which  lie  was  elected. — 1870,  ch.  11(3. 
Mayor  to  Serve  Two  Years. 

Sec.  2.  Hereafter  an  election  lor  Mayor  of  the  City  of  Baltimore 
shall  be  held  on  tlie  fourth  Wednesday  of  October  in  every  second 
year  after  the  next  election  for  Mayor,  to  be  held  in  said  city  in  the 
year  eighteen  hundred  and  seventy-one,  and  the  term  of  office  of  the 
Mayor  of  said  city,  shall  continue  for  two  years  and  until  his  successor 
shall  have  qualified.— 1870,  ch.  116.] 

The  City  Council — Two  Brnnrhes,  J-e. 
Sec.  2.  The  City  Council  of  Baltimore  sliall  consist  of  two  Branches, 
one  of  which  shall  be  called  the  First  Branch,  and  the  other  the  Se- 
cond Branch;  and  each  shall  consist  of  such  number  of  members, 
having  such  qualification,  receiving  such  compensation,  performing 
such  duties,  possessing  such  powers,  holding  such  terms  of  office', 
and  elected  in  such  manner,  as  are  now,  or  may  hereafter  be  pre- 
scribed by  law. 


402  CITY   OP   BALTIMORE. 

Time  of  Election — Term  of  Office — Qualif  cation. 

Sec.  3.  An  election  for  members  of  the  First  and  Second  Branch  of 
tlie  City  Council  of  Baltimore  shall  be  held  in  the  City  of  Baltimore 
on  the  fourth  ^V'ednesday  of  October,  eighteen  hundred  and  sixty- 
seven ;  and  for  members  of  the  First  Branch  on  the  same  day  in 
every  year  thereafter;  and  lor  meml>ers  of  the  Second  Branch  on  the 
same  day  in  every  second  year  thereafter;  and  the  qualification  for 
electors  "of  the  members  of  the  City  Council  shall  be  the  same  as  those 
prescribed  for  the  electors  of  Mayor. 

Regular  Sessions  of  Nineti/  Days — WJien  Commenced — Extra 

Sessions. 

Sec.  4.  The  regular  sessions  of  the  City  Council  of  Baltimore, 
(which  shall  be  annual,)  shall  commence  on  the  third  Monday  of 
January  of  each  year,  and  shall  not  continue  more  than  ninety  days, 
exclusive  of  Sundays;  but  the  Mayor  may  convene  the  City  Council 
in  extra  session  whenever,  and  as  often  as  it  may  ajjpear  to  him  that 
the  public  good  may  require;  but  no  called,  or  extra  session  shall  last 
longer  than  twenty  days,  exclusive  of  Sundays. 

Members  to  Hold  No  Other  Office— Contracts. 
Sec.  5.  No  person,  elected  and  qualified  as  Mayor,  or  as  a  member 
of  the  City  Council,  shall,  during  the  term  for  which  he  was  elected, 
hold  any  other  office  of  profit  or  trust,  created  or  to  be  created,  by 
the  Mayor  and  City  Council  of  Baltimore,  or  by  any  law  relating  to 
the  corporation  of  Baltimore,  or  hold  any  employment,  or  position, 
the  compensation  of  which  shall  be  paid,  directly  or  indirectly,  out 
of  the  City  Treasury ;  nor  shall  any  such  person  be  interested,  di- 
rectly or  indirectly,  in  any  contract  to  which  the  City  is  a  party ;  nor 
shall  it  be  lawful  for  any  person,  holding  any  office  under  the  City, 
to  be  interested,  while  holding  such  office,  in  any  contract,  to  which 
the  City  is  a  party. 

T?ie  Mayor  May  le  Removed  for  Cause. 
Sec.  6.  The  Mayor  shall,  on  conviction  in  a  court  of  law,  of  willful 
neglect  of  duty,  or  misbehavior  in  office,  be  removed  from  office   by 
the  Governor  of  the  State,  and  a  successor  shall  thereafter  be  elected, 
as  in  a  case  of  vacancy. 

No  Debt  Created,  rf-c,  icithovt  Legislative  Sanction  and  Vote 
of  the  People — Police. 
Sec.  7.  From  and  after  the  adoption  of  this  Constitution,  no  debt 
(except  as  hereinafter  excepted,)  shall  be  created  by  the  Mayor  and 
City  Council  of  Baltimore  ;  nor  shall  the  credit  of  the  Mayor  and 
City  Coiincil  of  Baltimore  be  given,  or  loaned  to,  or  in  aid  of,  any 
individual,  association,  or  corporation;  nor  shall  the  Mayor  and  City 
Council  of  Baltimore  have  the  power  to  involve  the  City  of  Balti- 
more in  the  construction  of  works  of  internal  improvement,  nor  in 
granting  any  aid  thereto,  which  shall  involve  the  laith  and  credit  of 
the  City,  nor  make  any  appropriation  therelbr,  unless  sucli  debt,  or 
credit  be  authorized  by  an  Act  of  the  General  Assembly  of  Marvhind, 
and  by  an  Ordinance  of  the  Mayor  and  City  Council  of  Baltimore, 
iTiubject  to  the  legal  voters  of  the  City  of  Baltimore  at  such  time  and 
[>lace  as  may  be  fixed  by  said  ordinance,  and  approved  by  a  majority 


CITY   OF   BALTIMORE.  403 

of  the  votes  cast  at  such  time  and  place;  but  the  Mayor  and  City 
Council  may,  temporarily,  borrow  any  amount  of  money  to  meet  any 
deficiency  in  the  City  Treasury,  or  to  provide  for  any  emergency 
arising  from  the  necessity  of  maintaining  the  Police,  or  preserving 
the  safety  and  sanitary  condition  of  the  City,  and  may  make  due  and 
proper  arrangements  and  agreements  for  the  removal  and  extension, 
in  whole  or  in  part,  of  any  and  all  debts  and  obligations,  created 
according  to  law  before  the  adoption  of  this  Constitutiou, 

Laws  in  Force  Continued. 

Sec.  8.  All  laws  and  ordinances,  now  in  force,  applicable  to   the 
City  of  Baltimore,  not  inconsistent  with  this  Article,  shall  be,  and 
they  are  hereby  continued  until  changed  in  due  course  of  law. 
General  Assembly  may  Make   Changes. 

Sec.  9.  The  General  Assembly  may  make  such  changes  in  this  Ar- 
ticle, except  in  Section  7  thereof,  as  it  may  deem  best;  and  this 
Article  shall  not  be  so  construed,  or  taken  as  to  make  the  political 
corporation  of  Baltimore  independent  of,  or  free  from,  the  control, 
which  the  General  Assembly  of  Maryland  has  over  all  such  corpora- 
tions in  this  State. 

CoNSTiTCTiox,  Article  III. 
Each  Legislative  District  to  Have  One  Senator. 
Const.  Art.  3,  Sec.  2.  Each  of  the  three  legislative  districts  of  Bal- 
timore City,  as  they  are  now,  or  may  hereafter  be  defined,  shall  be  en- 
titled to  one  Senator,  who  shall  be  elected  by  the  qualified  voters  of  the 
legislative  districts  of  Baltimore  city,  respectively,  and  shall  serve 
for  four  years  from  the  date  of  his  election,  subject  to  the  classification 
of  Senators,  heretofore  provided  for. 

Each  Legislative  District  to  Have  as  many  Delegates  as  the 

Largest  County. 
Const.  Art.  3,  Sec.  4.  Each  of  the  three  legislative  districts  of  the 
City  of  Baltimore  shall  be  entitled  to  the  number  of  delegates  to 
which  the  largest  counties  shall  or  may  be  entitled  under  the  ap- 
pointment for  the  counties,  set  forth  in  this  Section.  And  the  Gen- 
eral Assembly  shall  have  power  to  provide  by  law,  from  time  to  time, 
for  altering  or  changing  the  boundaries  of  the  three  existing  legisla- 
lative  districts  of  the  City  of  Baltimore,  so  as  to  make  them  as  near 
as  may  be  of  equal  population.  But  said  districts  shall  always  con- 
sist of  contiguous  territory. 

THE   CHARTERED   POWERS    OF   BALTIMORE   CITY, 
Under  the  Acts  of  the  General  Assembly. 

The  Acts  of  Inc()r}>oration  of  Baltimore  City,  are  contained  in  Arti- 
cle 4  of  the  Public  Local  Laws,  entitled  "City  of  Baltimore,"  as  follows: 

Corporate  Powers. 

Art.  4,  Sec.  1.  The  inhabitants  of  Baltimore  are  a  corporation,  by 
the  name  of  "The  Mayor  and  City  Council  of  Baltimore,"  and  by  that 
name  shall  have  perpetual  succession,  may  sue  and  be  sued,  may  pur- 
chase and  hold  real,  personal  and  mixed  property,  or  dispose  "of  the 
same  lor  the  benefit  of  said  city,  and  may  have  and  use  a  common 
seal,  which  may  be  altered  at  pleasure. 


404  CITY   OF   BALTIMORE. 

Power  to  Take  and  Hold  Property,  &c. 
Sec.  2.  All  the  iJi-operty  and  funds  of  every  kind  belonging  to  or  in 
possession  of  the  city  of  Baltimore,  are  vested  in  the  said  corporation, 
and  the  said  corporation  may  receive  in  trust,  and  may  control  for 
the  purpose  of  such  trusts,  all  money  or  other  property  which  may 
have  been  or  shall  be  bestowed  upon  such  corporation  by  will,  deed, 
or  in  any  other  form  of  gift  or  conveyance  in  trust  for  any  general  cor- 
poration purpose,  or  in  aid  of  the  indigent  and  poor,  or  for  the  gene- 
ral purposes  of  education,  or  for  charitaljle  purposes  of  any  description 
within  the  said  city  ;  and  the  said  corporation  may  lease  or  otherwise 
disjDose  of  any  property  belonging  to  the  city,  having  iirst  given  pub- 
lic notice  of  such  proj^osed  lease  or  sale  in  one  or  more  of  the  public 
newspaj^ers  of  said  city,  at  least  once  a  week  for  three  successive 
weeks  before  such  lease  or  sale. 

Twenty  Wards — Duty  of  Corporation. 
Sec.  3.  The  city  of  Bait  imoreis  divided  into  twenty  wards,  accord- 
ing to  their  present  bounds  and  limits,  and  it  shall  be  the  duty  of  the 
corporation  to  correct  the  divisions,  from  time  to  time,  so  as  to  pre- 
serve as  accurately  as  may  be  an  equal  number  of  inhabitants  in  each 
ward. 

Term  a,nd  Qualifications  of  Mayor —  When  Elected. 

Sec.  4.  The  inhabitants  of  the  city  of  Baltimore,  qualified  to  vote 
for  members  of  the  House  of  Delegates,  shall,  on  the  iburth  Wednes- 
day in  October  in  every  second  year,  elect  by  ballot,  a  person  of 
known  integrity,  experience,  and  sound  judgment,  twenty-five  years 
of  age,  ten  years  a  citizen  of  the  United  States,  and  five  years  a  resi- 
dent of  said  city  next  preceding  the  election,  and  assessed  on  the 
books  of  the  assessor,  with  projjcrty  in  said  city  to  the  amount  of  five 
hundred  dollars,  to  be  Mayor  of  the  City  of  Baltimore. — 1870,  ch.  116. 

Vacancy  in  Office — Hoic  Filled. 

Sec.  5.  In  case  of  a  vacancy  in  the  office  of  Mayor,  the  president  of 
the  first  branch  City  Council,  or  if  no  president  of  the  first  branch,  or 
in  his  absence  from  the  city,  the  president  of  the  second  branch,  shall, 
within  five  days  after  such  vacancy,  order  a  new  election,  giving  at 
least  fifteen  days'  notice  of  the  same  by  advertisement  in  all  the  news- 
papers in  said  city  ;  and  the  president  of  the  first  branch  of  the  (Jity 
Council  shall  be  ex-officio  Mayor  until  a  new  election. 

Who  to  Act  as  Mayor  in  Case  of  SicJcness,  &c. 

Sec.  6.  In  case  of  the  sickness  or  necessary  absence  of  the  Mayor» 
the  President  of  the  first  branch,  or  if  no  President  of  the  first  branch, 
or  in  his  absence  from  the  city  or  sickness,  the  President  of  the  second 
branch  shall,  ex-offcio,  be  Mayor  of  the  city  during  the  continuance  of 
such  sickness  or  necessary  absence  of  the  Mayor. 

Term  of  Office. 
Sec.  7.  The  terra  of  office  of  the  Mayor  shall  commence  on  the  first 
Monday  of  November  succeeding   his  election,  and  he  shall  receive 
such  salary  as  shall  have  been  provided  by  ordinance  previous  to  his 
election. — See  Constitution,  Article  9,  Sec.  1. 

Mayor  may  Act  as  Justice  of  the  Pea,ce  and  Call  Officers  to  Account. 
Sec.  8.  The  Mayor  shall,  in  virtue  of  his  ofiicc,  have  all  the  juris- 
dictiou  and  powers  of  a  justice  of  the  peace,  except  as  to  the  recovery 


CITY   OF   BALTIMORE.  405 

of  debts,  and  may  call  upon  any  officer  of  the  city,  intrusted  with  the 
receipt  and  expenditure  of  public  money,  for  a  statement  of  his  ac- 
counts as  often  as  he  or  the  corporation  may  conceive  necessary. 

To  See  Ordinances  Executed  and  Send  Message  to  Council. 
Sec.  9.  He  shall  see  that  the  ordinances  are  duly  and  fliithfully  ex- 
ecuted, and  shall  report  annually  to  the  corporation  durin<f  the  first 
five  days  of  their  session  the  general  state  of  the  city,  with  an  accu- 
rate account  of  the  money  received  and  expended,  to  be  published  for 
the  information  of  the  citizens. 

Ordinances  to  he  Approved — If  not  Approved,  how  Passed  acer  Veto. 
Sec.  10.  All  ordinances  passed  by  the  City  Council,  shall  be  sent  to  the 
Mayor  for  his  approbation,  and  when  approved  by  him,  shall  become 
a  law  ;  but  if  the  Mayor  shall  not  approve  of  any  ordinance,  he  shall 
return  the  same  within  five  days,  with  his  reasons  in  writing  therefor, 
and  if  three-fourths  of  both  branches  of  the  City  Council,  on  conside- 
ration thereof,  approve  of  the  ordinance,  it  shall  then  be  an  ordinance 
to  all  intents  and  purposes. 

If  Not  Returned  icithin  Five  Days  to  he  a  Law. 

Sec.  11.  If  any  ordinance  shall  not  be  returned  by  the  Mayor  within 
five  days  after  it  shall  have  been  presented  to  him,  the  same  shall  be 
a  law  in  the  same  manner  as  if  he  had  approved  it,  unless  the  City 
Council  by  their  adjournment  prevent  its  return. 

City  Council. 

City  Council  to  Consist  of  Two  Branches. 
Sec.  12.  The  Council  of  the  City  of  Baltimore,  shall  consist  of  two 
branches,  one  of  which  shall  be  denominated  the  first  branch  and  the 
other  the  second  branch. 

Ihid.,  Section  13 — Qualifications  for  First  Branch. 
Sec.  13.  The  first  branch  shall  consist  of  one  member  from  each 
ward  of  the  city,  who  shall  be  a  citizen  of  the  United  States,  above 
the  age  of  twenty-one  years,  a  resident  of  the  city  three  years  pre- 
ceding his  election,  and  at  the  time  thereof  a  resident  of  the  ward  for 
which  he  is  elected,  and  assessed  on  the  books  of  the  assessor  to  the 
amount  of  three  hundred  dollars,  and  shall  hold  his  office  for  one 
year. 

Qualif  cations  for  Second  Branch. 

Sec.  14.  The  second  branch  shall  consist  of  one  member  from  every 
two  contiguous  wards,  who  shall  be  a  citizen  of  the  United  States,  of 
the  age  of  twenty-five  years,  and  a  resident  of  the  city  four  years  pre- 
vious to  his  election,  and  assessed  on  the  books  of  the  assessor  to  the 
amount  of  five  hundred  dollars,  and  shall  be  elected  every  second 
year  and  hold  his  office  for  two  years,  and  shall  be  a  resident  at  the 
time  of  his  election  of  one  of  the  wards  from  which  he  is  elected. 

Flection  for  First  Branch. 
Sec.  15.  The  election  for  members  of  the  first  branch  shall  be  held 
on  the  fourth  Wednesday  of  October  in  each  year,  and  shall  be  held 
by  wards,  and  no  person  shall  be  entitled  to  vote  for  any  but  the  mem- 
ber for  the  ward  of  which  he  is  resident. — Const.,  Art.  9,  Sec.  3. 


406  BALTIMORE   CITY   OFFICERS. 

Election  for  Second  Branch. 
Sec.  16,  The  election  for  the  members  of  the  second  branch  shall 
be  held  on  the  fourth  Wednesday  of  October  in  every  second  year. — 
Const.,  Art.  9,  Sec.  3. 

Qualifications  of  Electors. 

Sec.  17.  The  qualification  of  electors  of  members  of  the  City  Coun- 
cil shall  be  the  same  as  those  of  electors  of  Mayor. 

Vacuncies. 
Sec  18.  All  vacancies  in  the  City  Council  shall  be  filled  without 
delay  from  the  ward  or  wards  in  which  such  vacancy  occurs,  in  such 
manner  as  has  been  or  may  be  directed  by  ordinance. 

Duty  of  Judges  of  Elections. 

Sec.  19.  The  judges  of  election  shall,  within  three  days  after  an 
election  of  members  of  the  first  branch,  notify  to  the  persons  liavin^ 
the  greatest  number  of  legal  votes  in  their  respective  wards  that  they 
are  duly  elected ;  and  the  said  judges  shall  make  the  return  of  all  elec- 
tions for  Mayor  and  members  of  the  City  Council,  and  deposit  their 
polls  as  directed  by  ordinance  of  the  corporation. 

Titne  of  Meeting — Session  120  Days — Extra  Sessions. 

Sec  20.  The  City  Council  shall  meet  on  the  first  Monday  of  No- 
vember of  each  and  every  year,  and  may  continue  in  session  for  one 
hundred  and  twenty  days,  and  no  longer ;  provided,  that  they  may 
by  ordinance  or  resolution  so  arrange  their  sittings  that  the  same 
may  be  held  continuously  or  otherwise;  jDrovided,  further,  that  the 
Mayor  may  convene  the  said  City  Council  in  extra  session  as  he  may 
now  do  by  virtue  of  the  4th  section  of  the  11th  Article  of  the  Consti-' 
tution;  and  provided  further,  that  the  City  Council  of  Baltimore 
shall  not  sit  during  the  present  year,  ending  October  30th,  1868,  for 
more  than  one  hundred  and  twenty  days,  including  the  days  of  the 
extra  session  of  1867  and  the  present  regular  sessions,  unless  con- 
vened in  extra  session,  as  aforesaid,  by  the  Mayor. — 1868,  ch.  451. 

Alsent  Members. 

Sec.  21.  They  may  compel  the  attendance  of  absent  members,  in 
such  manner  and  under  such  penalties  as  they  may  by  ordinance  pro- 
vide; they  shall  appoint  their  respective  Presidents,  who  shall  preside 
at  all  their  sessions  and  shall  vote  on  all  questions. 

T?i£y  may  Expel  Memhei-s  for  Cause, 

Sec  22.  They  shall  judge  of  the  elections,  returns  and  qualifica- 
tions of  their  own  members,  and  may,  with  the  concurrence  of  three- 
fourths  of  the  whole,  expel  any  member  for  disorderly  behavior  or 
malconduct  in  office,  but  not  a  second  time  for  the  same  cause. 

Bules — Officers — Fees — Journal,  &c. 

Sec.  23.  They  shall  settle  their  rules  of  procedure,  appoint  their 
own  officers,  regulate  their  respective  fees,  and  remove  them  at  plea- 
sure; they  shall  keep  a  journal  of  their  proceedings,  and  enter  the 
yeas  and  nays  on  any  question,  resolve  or  ordinance,  at  the  request  of 
any  member,  and  their  deliberations  shall  be  public. 


BALTIMORE   CITY   OFFICERS.  407 

Compensation  to  Members. 
Sec.  24.  They  shall   ascertiiin    by  ordinance  the  compensation  for 
their  services,  which  shall  not  be  increased  during  their  continuance 
in  office. 

Powers  of  Mayor  and  Council. 
Sec  25.  The  Mayor  and  City  Council  shall  have  power  to  pass  all 
ordinances  necessary  to  give  clTect  and  o]K'ration  to  all  the  powers 
vested  in  the  corporation  of  the  City  of  Baltimore,  but  the  ordinances 
of  the  said  corporation  shall  be  in  no  wise  obligatory  upon  the  per- 
sons of  non-residents  of  said  city,  unless  in  cases  of  intentional  vio- 
lation of  ordinances  previously  jjromuigated. 

Appointment  of  Officers — Vacancies — IIow  Filled. 
Sec.  26.  The  Mayor  and  City  Council  may  pass  ordinances  regula- 
ting the  manner  of  appointing  persons  to  office  under  the  corpora- 
tif)n,  which  they  are  or  may  be  autliorized  by  law  to  appoint,  but 
unless  such  ordinances  be  passed,  the  Mayor  shall  nominate,  and,  by 
and  with  the  advice  and  consent  of  a  convention  of  the  two  branches 
of  the  City  Council,  shall  appoint  all  officers  under  the  corporation, 
except  the  register  of  the  city  and  the  clerks  employed  by  the  city  or 
under  their  authority ;  the  register  shall  be  appointed  by  a  conven- 
tion of  the  two  branches  of  the  City  Council  biennially,  and  shall  be 
commissioned  by  the  Mayor,  but  shall  be  removable  at  pleasure  by 
a  convention  of  the  said  two  branches;  all  vacancies  happening  dur- 
ing the  recess  of  the  City  Council  shall  be  tilled  by  the  Mayor,  until 
the  ensuing  session  of  the  City  Council. 

WMt  Officers  to  Hold  at  Pleasure  of  Mayor. 
Sec.  27.  All  persons  holding  office  under  the  corporation  of  the 
city,  shall,  unless  a  different  term  of  holding  be  provided  by  law  or 
ordinance,  hold  such  office  at  the  pleasure  of  the  Mayor,  and  the 
issuing  of  a  commission  by  the  Mayor  to  any  person  as  an  officer  of 
said  corporation,  shall  be  evidence,  prima  facie,  in  any  court  in  this 
State  of  the  regularity  and  sufficiency  of  the  appointment  and  quali- 
lication  of  such  person  as  such  officer. — 1868,  ch.  2. 


THE  POWERS  AND  DUTIES  OF  CITY  OFFICERS 

UNDER  THE  CITY  ORDINANCES. 

The  city  ordinances  jDrescribe  the  duties  of  the  officers  named,  as 
follows : 

The  Mayor's  Salary  $5000. 

Sec  1.  The  compensation  of  the  Mayor  of  the  City  of  Baltimore  is 
hereby  fixed  at  five  thousand  dollars  jjcr  annum. — Ord.  60,  1871. 
Compensation  of  Mayor  Ex- Officio. 

Sec.  2.  The  President  of  either  branch  of  the  City  Council,  while 
acting  as  Mayor,  shall  be  allowed  the  sum  of  seven  dollars  per  day, 
for  each  and  every  day  he  shall  act  as  such,  and  the  Register  of  the 
city  is  hereby  authorized  and  required  to  pay  such  sum  out  of  any 
money  in  the  treasury  not  otherwise  appropriated. 

Authority  to  Execute  Appeal  Bonds,  &c. — Indcmnif  cation. 
Sec  3.  In  cases  of  litigation  in  which  the  interests  of  the  Mayor  and 
City  Council  of  Baltimore  are  concerned,  the  mayor  is  authorized  to 


408  BALTIMOllK    CITV    OFFICERS. 

execute  in  association  with  any  other  suital^le  person  or  persons  he 
may  procui'e,  apjjeal  bonds,  injunction  bonds,  securityships  I'or  costs 
or  other  lej^al  obligations,  which  may  be  necessary  ibr  tlie  due  prose- 
cution of  the  interests  of  the  municipal  corporation  in  sucli  cases 
before  the  courts ;  and  the  faith  of  the  corporation  is  pledged  for  the 
due  indemnification  of  the  party  or  parties  who  may  make  such  en- 
gagements or  obligations  on  its  behalf. 

The  Secretary  to  the  Mayoralty — His  Salary — Duties. 

Sec.  4.  There  shall  be  annually  appointed,  as  other  city  officers  are 
appointed,  a  Secretary  to  the  Mayoralty,  who  shall  receive  as  a  com- 
pensation for  his  services  the  annual  salary  of  sixteen  hundred  dollars; 
whose  duty  it  shall  be  to  attend  at  the  Mayor's  office  during  hours  of 
business,  and  to  take  charge,  under  the  direction  of  the  Mayor,  of  the 
city  hall,  and  to  take  care  of  the  public  property  therein,  and  to  per- 
form all  such  other  duties  as  may  be  required  of  him  by  the  Mayor, 
or  by  the  Register,  with  the  approbation  of  the  Mayor. — Ord.  16, 1869. 

Cleric  to  the  Mayor — His  Salary  and  Bond. 

Sec.  5.  There  shall  annually  be  appointed,  as  other  city  officers  are 
appointed,  a  clerk  to  the  Mayor,  whose  duty  it  shall  be  to  attend  at 
the  office  of  the  Mayor  during  business  hours,  and  to  perform  such 
duties  as  the  Mayor  may  prescribe ;  and  the  said  Clerk  shall  have 
charge  of  the  City  Library,  under  the  direction  of  the  Register  and 
Comjitroller.  and  shall  attend  to  the  receiving  and  delivering  of  all 
books  intended  for  or  contained  therein,  and  classify,  mark  or  num- 
ber the  same  when  necessary.  The  compensation  of  the  Clerk  to  the 
Mayor  shall  be  one  thousand  and  fifty  dollars  per  annum,  and  he  shall 
give  a  good  and  sufficient  bond  in  the  sum  of  two  thousand  dollars 
for  the  iaithfully  jjerformance  of  his  duties. — Ord.  18,  1871. 

Duties  of  Janitor  to  City  Hall. 

Sec.  6.  There  shall  be  annually  appointed,  as  other  city  officers  are, 
a  Janitor  to  the  City  Hall,  who  shall,  under  the  direction  of  the  Secre- 
tary to  the  Mayoralty,  take  charge  of  and  keep  in  good  condition  the 
building  wherein  the  Mayor's  office  and  the  different  offices  of  the 
city  government  are  situate,  open  and  close  the  building,  attend  to 
the  tires,  and  whose  hours  of  duty  shall  be  from  6  o'clock,  A.  M.  until 
6  o'clock,  P.  M.  He  is  to  perform  such  other  duties  as  may  be  pre- 
scribed by  the  Mayor,  Register  and  Comptroller. — Ord.  13,  1871.  He 
shall  receive  as  salary  seventy-five  dollars  per  month. — Ord.  24,  1871. 

Day  and  Night   Watchmen — Their  Salaries. 

Sec.  8.  There  shall  be  annually  appointed,  as  other  city  officers  are, 
a  Day  Watchman,  whose  duty  it  shall  be  to  assist  the  Janitor  in  the 
cleaning  and  arranging  of  the  various  offices  in  the  city  hall,  from  the 
hour  of  ()  to  9  A.  M.,  after  which  hour,  it  shall  be  his  further  duty  to 
discharge  the  office  of  general  watchman  in  all  parts  of  the  city  hall, 
until  the  hour  of  closing  offices  in  the  afternoon,  when  he  shall  again 
assist  the  Janitor  and  remain  in  the  building  until  relieved  by  the 
Night  Watchman ;  the  salary  of  said  Day  Watchman  shall  be  $75 
per  month.  And  there  shall  also  be  annually  appointed,  as  other 
city  olhcers  are,  a  Night  Watclnnan,  whose  duty  it  shall  be  to  watch 
and  guard  all  parts  of  the  city  hall  from  the  hour  of  6  P.  M.  to  6  A. 


BALTIMORE   CITY   OFFICERS.  400 

M.,  and  remain  in  tlie  l)iiilding  until  relieved  by  the  Day  Watcbman ; 
the  salary  of  said  Night  Watchman  shall  be  $75  per  month. 
Mayor's  Detective— Salary  $1000— 5w;i<i  $2500. 

Sec.  9.  The  Mayor  shall  annually  appoint,  as  other  city  officers  are 
appointed,  one  efficient  and  discreet  person,  to  be  known  and  called 
the  Mayor's  Detective,  who  shall  have  all  the  power  and  authorty  ex- 
ercised by  the  detective  police  force  in  relation  to  the  ob^^ervance  of 
the  city  ordinances,  and  for  that  purpose  to  arrest  otfenders,  and  whose 
duty  it  shall  be  to  lodge  inlormation,  from  time  to  time,  as  to  the  ob- 
servance of  the  city  ordinances.  Before  entering  upon  the  discharge 
of  his  duties,  the  aforesaid  Detective  shall  give  good  and  satisfactory 
security  to  the  Mayor  in  the  sum  of  twenty-five  hundred  dollars ;  and 
he  shall  be  paid  a  salary  of  one  thousand  dollars  per  annum,  payable 
monthly. 

City  Councilmen — Penalty  for  Absence. 

Sec.  10.  If  any  member  of  the  City  Council  shall  neglect  to  appear 
at  the  hour  of  meeting  in  the  branch  of  which  he  is  a  meml)er,  or 
shall,  after  appearance,  ab.'ent  himself  before  the  hour  of  adjournment, 
without  leave  tirst  obtained  of  the  President  of  the  branch  of  which  he 
is  a  meml)er,  such  person  shall  forfeit  and  pay  a  sum  not  exceeding  two 
dollars  for  each  offence,  unless  he  is  excused  by  the  branch  of  which 
he  is  a  member. 

Fines — How  Collected. 

Sec.  11.  The  fines  and  forfeitures  incurred  under  this  ordinance, 
shall  be  deducted  out  of  any  allowance  due  to  the  member  incurrino- 
the  same  ;  and  if  such  member  shall  not  have  due  to  him  a  sum  suffi- 
cient to  discharge  and  pay  the  fines  and  lorfeitures  incurred  as  afore- 
said, the  balance  or  sum  remaining  due  shall  and  may  be  collected  in 
the  same  manner  as  other  fines  and  Ibrlieitures  are  and  may  be  collected. 

Absence  During  Session. 

Sec  12.  If  any  member  shall  not  attend  during  the  session  of  the 
City  Council,  he  shall  transmit  to  the  President  of  the  branch  of 
which  he  is  a  member,  a  satisfactory  excuse,  in  writing,  durin^>-  the 
session,  or  he  may  be  fined  in  the  discretion  of  his  branch,  not  ex- 
ceeding two  dollars  a  day  for  each  day  he  shall  so  absent  himself. 

Adjournment. 
Sec  13.  Neither  branch  shall  adjourn,  without  the  consent  of  the 
other,  for  a  longer  time  than  one  day  durina  the  session. 

Salary. 

Sec  14.  The  members  of  the  City  Council  shall  severally  receive  a 
salary  of  $1U00  per  year. — Ord.  5'J,  1871. 

Members  Ineligible  to  any  Corporation  Office  or  Clerlship. 
Sec  lo.  It  shall  not  be  lawful  for  any  member  of  the  Citv  Council 
to  be  appointed  or  to  accept  ajjpointment  to  any  office  or  clerkship 
under  the  corporation  during  the  term  for  which  he  was  elected  as  a 
member  of  the  City  Council,  the  salary  or  emolument  of  which  are 
fixed  and  determined  by  the  Mayor  and  City  Council,  whether  said 
appointment  be  made  by  the  Mayor  individually,  or  by  the  ^Nlayor 
and  City  Council  in  convention,  or  by  any  other  officer  or  officers  of 
the  city. 


410  BALTIMORE    CITY    OFFICEUS. 

Duty  of  Clerics  of  City  Council. 

Sec.  16.  It  shall  be  the  duty  of  each  of  the  chief  clerks  of  the  City 
Council,  within  thirty  days  after  each  and  every  session,  to  deliver  in 
I^erson,  to  the  Register  of  the  city,  the  journal  of  his  respective  branch 
of  the  City  Council;  also  all  petitions,  memorials,  messages,  reports 
and  communications  of  every  description,  which  may  have  been  re- 
ceived during  the  session,  and  which  may  be  in  his  possession  at  the 
close  thereof;  and  the  Register  of  the  city  is  hereby  directed  to  with- 
liold  Irom  said  clerk  or  clerks,  one-half  of  the  amount  or  amounts 
which  may  be  due  him  or  them,  until  he  or  they  shall  have  performed 
all  the  duties  hereinbefore  prescribed. 

Clerhs  to  Endorse  Papers. 

Sec.  17.  The  said  clerks  shall,  before  they  deliver  the  papers  afore- 
said, endorse  each  and  every  one  in  a  j^roper  manner,  and  tile  them  in 
separate  bundles. 

To  Fvrnish  Proceedings  to  Printer. 
Sec.  18.  It  shall  be  their  duty  to  furnish  the  printer  who  may  be 
selected  by  the  Register  to  print  the  journals  of  the  Council,  with  the 
proceedings  of  each  branch,  together  with  all  petitions,  memorials, 
communications,  messages,  roj^orts  of  committees,  and  such  other 
documents  as  shall  be  directed  to  be  printed. 

Copy  of  Journal  to  ie  Printed  on   Writing  Paper. 

Sec.  19.  A  copy  of  the  journal  of  each  day's  proceedings  of  the 
respective  branches  of  the  City  Council  shall  be  printed  on  writing 
paper  corresponding  in  size  and  margins  with  that  on  which  the  daily 
proceedings  of  the  respective  branches  of  the  City  Council  are  now  or 
may  hereafter  be  printed. 

Copy  of  Journals  to  he  delivered  to  Register. 

Sec.  20.  It  shall  be  the  duty  of  each  of  the  chief  clerks  of  the  City 
Council  to  receive  from  the  j^rinter  of  the  journals  of  the  Council,  a 
copy  of  the  journal  of  each  day's  proceedings  of  the  branch  of  w^hich 
he  is  clerk,  printed  on  writing  paper,  as  provided  in  the  preceding 
section,  which  copy,  when  revised,  shall  be  signed  by  the  respective 
Clerk  and  President  of  said  branch,  and  shall  be.  by  said  clerks  re- 
spectively, delivered  to  the  Register  of  the  city,  by  whom  the  same 
sliall  be  l)ound  in  a  substantial  manner,  and  preserved  in  his  office; 
which  said  certified  journals  sliall  be  evidence  of  the  i^roceedings  of 
the  respective  branches  of  the  City  Council. 

Engrossing  of  Ordinances  and  Resolutions. 

Sec.  21.  The  clerks  of  each  branch  of  the  City  Council,  in  engross- 
ing the  ordinances  and  resolutions  passed  by  the  City  Council,  shall 
cause  the  same  to  be  done  on  paper  of  good  quality  and  uniform  size, 
each  sheet  with  an  inner  margin  of  at  least  two  inches  in  width,  the 
better  to  permit  the  same  to  be  bound  as  provided  for  in  the  next 
succeeding  section. 

Register  to  have  Engrossed  Ordiruinces  Bound. 

Sec.  22.  The  Register  shall  cause  the  original  engrossed  copies  of 

the  ordinaiict's   and    resolutions,  passed  by  the  City  Council,  to   be 

suitaljly  bound  in   a   volume,  ]al)eled  with  the  year  or  years  of  the 

several  sessions  during  which   the   same  were  passed,  and  properly 


BALTIMORE   CITY  OFFICERS.  411 

p.afjerl  and  supplied  ^vith  an  index  of  the  full  title  of  each  of  said 
ordinances  and  resolutions. 

Register  to  Send  Copies  of  Ordinances  to  Heads  of  Departments. 

Sec.  23.  It  shall  be  the  duty  of  the  Register,  immediately  after  the 
approval  of  any  ordinance  or  resolution  of  the  City  Council,  effecting 
an}'  of  the  departments  of  the  city  government,  either  by  ordering 
tliem  to  do  certain  work  or  otherwise,  to  send  a  copy  of  such  ordi- 
nance or  resolution  to  the  head  of  deijartment  so  alluded  to. 

To  Ftirnish  Ordinances  to  State  Library/,  &e. 
Sec.  24.  The  Register  shall  annually  furnish  to  the  State  Library 
two  copies,  and  to  the  Library  Company  of  the  Baltimore  bar,  two 
copies  of  the  ordinances  and  journals  for  that  year. 

To  Pnhlish  Journal  and  Advertise  Ordinances,  &c. 
Sec.  25.  It  shall  be  the  duty  of  the  Register  to  contract  for  the  daily 
printing  of  the  journal  of  each  branch,  so  that  each  member  of  the 
Council  may  have,  at  the  session  of  every  afternoon,  the  journal  of  the 
preceding  day ;  to  cause  all  the  ordinances  and  resolutions  of  the 
city,  of  a  public  or  general  nature,  to  be  published  in  such  and  so 
many  newsjDapers  as  he  may  deem  best  calculated  to  gi-ve  general  in- 
formation to  the  citizens  ;  provided,  that  no  higher  rate  of  charge  be 
allowed  for  publication  in  the  German  newspapers  than  shall  be 
charged  for  printing  the  same  ordinances  and  resolutions  in  the  news- 
papers printed  in  the  English  language,  and  that  the  whole  expense 
to  be  thereby  incurred,  shall  not  exceed  the  annual  appropriation  for 
that  object;  and  likewise  cause  the  same  to  be  published  in  book 
form,  and  the  annual  reports  of  the  different  officers  of  the  city  to  be 
bound  up  therewith ;  and  it  shall  be  his  duty  carefully  to  examine  the 
proof  sheets  of  the  ordinances  and  resolutions  and  officers'  returns 
when  published  in  a  volume,  and  to  furnish  an  index  and  proper 
references  to  former  ordinances. 

To  Advertise  for  Proposals  far  Printing,  &c. 

Sec  2G.  It  shall  be  the  duty  of  the  Register,  annually,  before  the 
first  day  of  September,  to  advertise  by  giving  daily  notice,  for  ten 
days,  in  three  of  the  daiiy  newsj^apers  of  the  city,  lor  sealed  propo- 
sals for  printing  the  ordinances  and  other  pai)ers  required  to  be 
printed,  and  likewise  for  such  printing  as  may  be  required  by  the 
Council  during  its  session,  and  by  the  various  city  officers ;  and  at 
the  same  time  the  Register  shall  advertise  for  such  stationery  as  may 
be  required  for  the  use  of  the  coiporation  during  the  year.  And  all 
book  and  job  j^rinting  required  by  the  Mayor  and  City  Council,  and 
all  the  city  departments,  whether  enumerated  or  not,  shall  be  exe- 
cuted by  the  person  or  persons  having  the  contract  lor  the  city  print- 
ing, at  the  rates  specified  in  said  contract ;  the  charges  for  the  same 
to  be  provided  for  by  the  Register  in  the  annual  levies. 
To  Tale  Bonds  from  Contractors. 

Sec  27.  For  all  contracts  under  the  preceding  two  sections,  tlie 
Register  is  hereby  required  to  take  bonds  of  the  contractors,  certified 
by  the  Comptroller,  to  be  with  good  and  sufficient  security,  and  to  be 
approved  by  the  Mayor,  for  such  sum  as  in  his  judgment  may  be  ad- 
equate to  secure  their  fulfilment. 


412  BALTIMOKE    CITY    OFFICERS. 

Printers  to  he  Paid  Quarterly^  &e. 
Sec.  28.  The  Register  is  hereby  directed,  on  tlie  certificate  of  the 
Comptroller,  with  tlie  approljation  of  the  Mayor,  to  pay  quarterly  to 
the  publishers  of  such  papers  as  may  be  designated  for  that  purpose, 
all  bills  for  pu])lic  or  corporation  printing  which  may  be  required  by 
ordinance,  or  which  sliall  be  ordered  by  any  of  the  cor])orate  authori- 
ties of  the  city  ;  provided,  that  the  whole  expense  thereby  incurred, 
shall  not  exceed  the  amount  annually  appropriated  for  that  purpose ; 
and  that  all  the  bills  aforesaid  shall  be  certified  by  the  several  parties 
presenting  them  to  be  charged  at  the  usual  customary  prices  charged 
for  such  work,  from  which  the  Register  shall  deduct  twenty-five  per 
centum  upon  the  payment  thereof. 

Duty  of  Assistant  Cleric  of  the  First  Branch. 
Sec.  29.  It  shall  be  the  duty  of  the  Assistant  Clerk  of  the  first  branch 
of  the  City  Council,  under  the  direction  of  the  Chief  Clerk,  with  the 
approval  of  the  President  of  the  first  branch,  to  engross  all  ordinances 
and  resolutions  passed  by  the  Council  which  originate  in  the  first 
branch  ;  to  have  all  petitions,  memorials,  messages,  reports  and 
communications,  properly  endorsed,  ready  for  the  signature  of  the 
Chief  Clerk  ;  to  write  all  messages  from  the  first  to  the  second  branch, 
and  to  prepare  all  communications  rendered  necessary  by  order  or 
resolution  of  the  branch,  ready  for  the  signature  of  the  Chief  Clerk  ; 
to  convey  all  messages  from  the  first  to  the  second  branch,  and  to  per- 
form all  such  other  duties  as  may  be  required  of  him  by  the  Council 
in  connection  with  their  business,  except  the  preparation  of  the  man- 
uscript journal  for  the  printer,  and  the  recording  of  the  approved  pro- 
ceedings in  the  regular  journal  of  the  session ;  provided,  however,  that 
in  case  of  the  absence  from  sickness  or  other  cause  of  the  Chief  Clerk, 
he  shall  jjerform  said  duty  also. 

The  Per  Diem  Sheet. 
Sec.  30.  The  Chief  Clerks  of  the  City  Council,  shall,  on  the  last  day 
of  every  session,  lay  before  their  respective  branches  a  per  diem  slieet, 
with  the  name  of  every  member,  the  number  of  days  he  has  attended, 
as  recorded  on  their  journals  for  the  said  session,  and  the  amount 
carried  out  to  each  name;  and  shall,  furthermore,  deliver  said  sheet 
to  the  Register  of  the  city  within  five  days  after  each  session. 

Clerk  to  the  Convention  to  Notify  Mayor  of  Action  on  Appointments. 
Sec.  31.  The  Clerk  of  the  second  branch  is  constituted  the  Chief 
Clerk  of  the  two  branches  when  in  convention,  and  as  such,  shall  im- 
mediately after  the  adjournment  of  a  convention,  notify  the  Mayor  of 
the  adoption  or  rejection  of  any  nomination,  and  of  all  appointments 
made  by  said  convention. 

Weekly  Statement  of  Appi'opriations. 
Sec.  32.  It  shall  be  the  duty  of  the  Clerks  of  the  two  branches  of 
the  City  Council,  to  prepare  weekly  statements  of  the  appropriations 
of  money  passed  by  the  two  branches  of  the  City  Council,  and  on  each 
Monday,  during  the  session,  to  place  the  same  on  the  journals  of  the 
res))ective  branches  of  the  City  Council,  and  such  statements  shall 
show  the  aggregate  amount  of  appropriations  up  to  the  time  of  pre- 
paring them. 


I 


BALTIMORE   CITY  OFFICERS.  418 

Oath  of  Members  and  Corporation  Officers. 
Sec.  33.  Every  member  of  the  branches  of  the  City  Council,  and 
every  corporation   officer,  shall,  respectively,  before  entering  on  his 
duty  as  such  officer,  take  and  subscribe  the  oath  set  Ibrth  in  Section 
6,  of  Article  1,  of  the  Constitution,  and  no  other  oath. 

Three  Legislatite  Districts. 

Sec  54.  The  city  of  Baltimore  is  divided  into  three  several  dis- 
tricts, which  shall  be  called  First,  Second  and  Third  Legislative  Dis- 
tricts of  Baltimore  city. 

The  districts  shall  be  composed  of  wards,  as  follows: 

First  District. — First,  second,  third,  fourth,  fifth,  sixth  and  seventh. 

Second  District. — Eighth,  ninth,  tenth,  eleventh,  twelfth,  nineteenth 
and  twentieth. 

Third  District. — Thirteenth,  fourteenth,  fifteenth,  sixteenth,  seven- 
teenth and  eighteenth. 


CITY  OFFICERS. 
Officers  to  he  Appointed  AnnuaUy. 
Sec.  55.  All  officers  of  the  city,  except  the  Register,  and  any  other 
person  holding  any  office  for  whom  a  different  term  may  be  prescribed 
in  the  ordinance  creating  such  office,  shall  be  appointed  annually  in 
the  month  of  February,  and  shall  enter  into  their  respective  offices  on 
the  first  day  of  March,  immediately  following  their  respective  ap- 
pointments. 

Power  of  Remoral  hy  Mayor. 

Sec  56.  A  term  of  holding  shall  not  be  deemed  to  be  created  by 
any  resolution  or  ordinance,  so  as  to  affect  the  power  of  i-emoval  given 
to  the  Mayor,  by  Article  4,  Section  26,  of  the  Pul)lic  Local  Laws, 
because  such  resolution  or  ordinance  may  j^rescribe  that  such  officer 
or  officers  may  or  shall  be  appointed  annually,  or  in  the  month  of 
Feliruary,  or  as  other  city  officers  are  appointed,  or  by  any  other  like 
expression  indicating  a  periodical  duty  of  appointment,  and  that 
such  words  shall  not  be  deemed  and  taken  as  otherwise  provided  by 
law  or  ordinance,  so  as  to  annul  the  power  of  removal  intended  to  be 
given  by  said  Section  26,  of  Article  4,  of  Public  Local  Laws. 

New  Appoint m/'nts. 

Sec  57.  Whenever  the  City  Councils  are  in  session,  any  new  ap- 
pointment by  the  Mayor,  shall  be  subject  immediately  thereafter  to 
the  confirmation  of  the  Council,  and  when  confirmed,  the  officers  so 
appointed,  shall  enter  upon  the  discharge  of  the  duties  of  their  office 
on  the  day  succeeding  their  confirmation. 

Officers  Not  to  he  Concei'ned  in  Contracts — Penalty,  $500 
Sec  58.  It  shall  not  be  law^ful  for  any  officer  of  this  corporation, 
whether  appointed  by  the  Mayor  and  City  Council,  by  the  City  Coun- 
cil in  convention,  by  the  Mayor  alone,  or  by  any  Board  of  Commis- 
sioners, Trustees,  Visitors  or  Building  Committee,  acting  under  the 
authority  of  the  Mayor  and  City  Council,  to  be  engaged  or  concerned, 
directly  or  indirectly,  in  any  contract  for  work  clone,  or  to  be  done, 
on  account  of  the  city,  or  in  which  the  city  is  or  may  be  in  any  way 


414  BALTIMORE    CITY   OFFICERS. 

concerned,  in  the  purchase  of  any  debt  due  from  the  corporation,  or 
claim  upon  the  same  for  any  work  done,  or  to  be  done,  by  or  under 
any  ordinance  of  the  city,  or  to  be  engaged  in  any  contract,  directly 
or  indirectly,  or  concerned  in  any  manner  in  doing  work  of  any  kind, 
or  furnishing  of  supplies  for  any  institution  or  office,  or  receive  any 
per  cent;ige  on  any  purchases  or  contracts  in  the  office  with  which  he 
may  be  connected,  and  any  officer  offending  herein,  shall  be  fined  in 
a  sum  not  exceeding  five  hundred  dollars,  and  it  shall  be  obligatory 
on  the  Mayor,  upon  being  apprised  of  any  violation  of  this  Section, 
to  dismiss  forthwith  from  office,  any  officer  who  may  be  guilty  of  such 
violation. — Const,  Art.  11,  Sec.  5. 

Expenses  not  to  Exceed  Appropriation — Penalty. 

Sec.  59.  If  any  officer  or  officers  of  the  coi-poration  shall,  without 
authority,  expend  or  contract  for  the  expending  any  public  money,  or 
shall  in  any  case  exceed  the  appropriation,  he  or  they  shall  be  held 
liable  in  his  or  their  individual  capacity  for  the  amount  so  improp- 
erly exj^ended  or  contracted  to  be  expended. 

To  Give  Bond  as  the  Mayor  may  Direct. 

Sec.  60.  The  several  officers,  except  in  such  cases  as  are  provided 
for  in  the  two  succeeding  sections,  shall  give  bond  with  security  to 
the  Mayor  and  City  Council  of  Baltimore,  for  the  faithful  performance 
of  their  respective  duties,  in  such  penal  sums  as  the  Mayor  may  di- 
rect, except  where  particular  sums  are  specified  by  ordinance. 
iVo  Bond  Required  of  Officers  without  Compensation. 

Sec.  61.  The  several  officers  who  are  not  entitled  to  compensation 
for  their  services  shall  not  be  required  to  give  bond  for  the  faithful 
performance  of  their  duties,  unless  the  Mayor  shall  think  it  expedient 
to  require  the  same. 

Not  Required  to  Bond,  unless,  &c. 

Sec.  62.  The  several  officers  whose  compensation  shall  not  exceed 
two  hundred  dollars  per  annum,  shall  not  be  required  to  give  bond 
for  the  faithful  performance  of  their  duties,  unless  the  Mayor  shall 
think  it  expedient  to  require  it. 

Extra   Compensation  not  to  he  Allotced,  nor  Salary  Altered. 

Sec.  63.  No  extra  compensation  shall  be  granted  or  allowed  by 
the  Mayor  and  City  Council  to  any  officer,  agent  or  servant  of  the 
corporation,  or  of  any  other  corporation  the  expenses  of  which  are 
borne  in  whole  or  in  part  by  the  city,  after  the  services  have  been  ren- 
dered, nor  shall  the  salary  or  compensation  of  any  of  said  officers, 
agents  or  servants,  be  increased  or  diminished  during  the  term  for 
which  they  may  be  or  may  have  been  elected,  appointed  or  employed; 
provided,  that  should  an  increase  of  duties  be  required  by  any  subse- 
quent ordinance  or  resolution  of  the  Mayor  and  City  Council,  an 
extra  compensation  in  proportion  for  the  increase  of  labor,  to  the 
original  compensation,  may  be  allowed,  in  the  discretion  of  the  said 
Mayor  and  City  Council. 

Extra  Compensation  not  to  ie  Allowed  to  any  Contractor. 

Sec.  64.  No  extra  compensation  shall  be  granted  or  allowed  by  the 

Mayor  and  City  Council  to  any  contractor   or  contractors  with  the 

city,  or  with  any  corporation  the  expenses  of  which  are  in  whole  or 

in  part  borne  by  the  city,  after  the  contract  has  been  entered  into; 


BALTIMORE   CITY   OFFICERS.  415 

provided,  that  in  case  a  contractor  or  contractors  shall  be  prevented 
b}'  an  act  of  the  Mayor  and  City  Council,  or  any  agent  or  servant 
thereof,  acting  under  their  authority,  from  fulfilling  his  contract  as 
agreed  on,  and  loss  is  tlienl)y  sustained  by  him  or  them,  such  extra 
compensation  may  be  allowed  as  will  compensate  him  or  them  for 
said  loss  incurred  as  aforesaid. 

Eight  Hours  a  Legal  Day'' 8   Worh. 

Sec.  65.  No  employee  in  any  of  the  de])artments  of  this  corporation 

shall  be   required  to  labor,  or  render  more  than  eight  hours  service 

per  day,  and  that  said  eight  hours  labor,  or  service  rendered,  shall 

constitute  and  be  accepted  by  this  corporation  as  a  legal  day's  labor. 

No   Reduction  to  he  Made   in   Wages. 

Sec.  66.  No  reduction  shall  be  made  in  the  wages  of  any  person 
who  now  is,  or  may  hereafter  be  employed  in  any  of  the  de2)artnients 
of  this  corporation,  on  account  of  the  reduction  made  in  the  hours  of 
labor. 

Wages  to  he  the  Same   Until  Changed. 

Sec.  67.  The  salary  or  wages  paid  to  any  employee  of  this  corpora- 
tion, in  any  of  its  departments,  shall  be  the  same  as  they  now  receive, 
and  until  the  same  shall  be  changed  by  the  Mayor  and  City  Council: 
provided,  that  nothing  contained  in  this  ordinance  shall  be  so  con- 
strued as  to  apply  to  mechanics  or  working  men  in  the  employ  of  any 
person  or  persons  having  contracts  under  the  city. 

Salaries  Paid  Monthly. 

Sec.  68.  The  salaries  of  all  officers  of  the  corporation,  unless  other- 
wise directed  by  law,  shall  be  j^aid  on  the  first  Monday  of  each  and 
every  mouth. 

City  Contracts. 

Proposals  to  he  Laid  hefore  the  Mayor,  who,  with  Comptroller 
arid  Register,  Aioarih  Contracts. 

Sec.  69.  Whenever  the  city  officers  or  any  of  them  shall  advertise 
for  sealed  proposals  for  any  ]!iil)lic  work  or  contract  of  any  kind 
whatsoever,  pursuant  to  existing  ordinances  or  resolutions,  or  to  such 
as  may  hereafter  be  passed,  it  shall  be  the  duty  of  such  officers  so  ad- 
vertising, to  lay  the  sealed  proposals  received  by  him  or  them,  accord- 
ing to  the  advertisement,  belbre  the  Mayor,  who  with  the  Comptroller 
and  Register,  shall  proceed  to  open  them,  and  award,  in  all  cases,  to 
the  lowest  bidder,  of  known  capacity,  responsibility  and  integrity, 
whose  security  for  the  execution  of  the  work  according  to  the 
contract,  or  the  performance  of  the  contract,  as  the  case  may  be, 
in  the  judgment  of  the  Mayor,  Comptroller  and  Register,  or  a  ma- 
jority of  them,  shall  be  sufficiently  responsible  to  insure  the  per- 
formance of  the  work  or  contracts  according  to  the  stipulations 
thereof  respectively ;  provided,  however,  that  no  bid  shall  be  opened 
from  any  person  who  has  heretofore  failed  in  the  performance  or  due 
execution  of  any  contract  he  may  have  been  engaged  in  with  the 
corporation  of  Baltimore. — Ord.  64,  1873. 

Proposals — Time  and  Place  of  Opening. 

Sec.  70.  All  sucti  proposals  shall  be  opened  at  sucli  time  and  place 
as  may  be  publicly  designated  by  advertisement,  in  the  presence  of 
such  persons  as  choose  to  attend. 
27 


416  BALTIMORE    CITY    OFFICERS. 

Bond  from  Contractor. 

Sec.  71.  For  all  contracts  made  under  the  provisions  of  the  two 
preceding  sections,  the  Register  is  hereby  required  to  take  bonds  ol 
the  contractors,  certified  by  the  Comptroller,  to  be  with  good  and 
sufficient  security,  and  to  be  approved  by  the  Mayor,  for  such  sum  as, 
in  his  judgment,  may  be  adequate  to  secure  their  fulfilment. 
Comptroller  to  Examine  Contracts,  &c. 

Sec.  72.  The  Comptroller  shall  examine  all  contracts  made  by  the 
city  officers,  and  he  shall  report  within  thirty  days  after  the  meeting 
of  the  Council  in  an  annual  session,  all  contracts  made  by  the  corpo- 
ration as  directed  or  authorized  by  the  Council,  and  not  performed  or 
completed,  or  upon  which  any  money  remains  unpaid,  with  the 
amount  of  money  remaining  unpaid  on  each. 

Records  of  the  City. 
Papers  to  ie  Filed  and  Recorded,  and  not    Talcen  Out  of  Office 

Except  in  Certain  Cases. 
Sec  73.  It  shall  be  the  duty  of  all  city  officers  carefully  to  file  and 
keep,  having  first  recorded  the  same,  all  public  papers  whatever,  be- 
longing to  the  city,  which  are  now  in  or  may  hereafter  come  into 
their  respective  offices,  and  which  appertain  to  the  same ;  and  it  shall 
not  be  lawful  for  any  register  or  clerk  to  permit  any  paper  or  record 
in  his  office  to  be  taken  therefrom,  by  any  person  or  jDersons  whatever, 
unless  the  same  be  demanded  by  a  court  of  justice  of  this  State,  or 
of  the  United  States,  or  by  either  branch  of  the  City  Council,  but  every 
person  wanting  the  information  contained  in  such  papers  or  record, 
shall  be  entitled  to  a  copy  of  the  same ;  and  it  shall  be  the  duty  of  the 
register  or  clerk  to  furnish  such  copies  when  applied  for,  and  the  re- 
gister or  clerk  shall  charge  and  receive  theretor  the  sum  of  fifteen 
cents  for  every  sheet  of  copy  containing  one  hundred  words,  and  so 
pi'orata  for  every  search,  and  for  every  certificate  to  a  copy,  twenty- 
five  cents,  which  fees  or  charges  shall  be  paid  into  the  Treasury  of 
the  city. 

Register  the  Keeper  of  Records,  &c. 

Sec.  74.  The  Register  shall  take  under  his  charge  and  keeping, 
all  the  records,  papers  and  proceedings  of  the  corporation,  except 
those  relating  to  titles  of  city  property;  all  the  ordinances,  resolu- 
tions, votes  and  proceedings  of  the  City  Council,  after  each  and  every 
session  ;  and  shall  record,  or  cause  to  be  recorded,  in  a  book  or  books, 
all  appointments  of  each  and  every  officer  of  this  corisoration. 

Comjitroller  Keeper  of  Title  Deeds,  &c. 
Sec.  75.  The  Comptroller  shall  keep  a  well  bound  record  book, 
and  have  therein  recorded  all  deeds  and  leases  made  to  the  city,  or 
sufficient  extracts  from  such  deeds  and  leases  as  will  fully  explain  the 
same  ;  and  also  all  contracts  and  agreements  made  in  relation  to  the 
property  of  the  city  ;  the  records  in  said  record  book  to  be  written  on 
every  other  page,  so  that  the  page  opposite  the  record  may  be  left 
blank  for  any  remarks  that  may  be  necessary  to  be  made  in  regard  to 
the  disposition  of  said  property.  The  said  record  book  shall  also 
have  an  alj)habetical  index  made  for  more  easy  reference  to  said  deeds, 
leases,  contracts  and  agreements. 


COURTS  OF  BALTIMORE   CITT.  417 

TU  City  Seal. 

Sec.  76.  The  seal  heretofore  provided  and  used,  the  impression  on 
which  is  a  representation  of  the  Battle  Monument,  is  hereby  estab- 
lished and  declared  to  have  been  and  now  to  be  the  seal  of  the  Mayor 
and  City  Council  of  Baltimore. 

Register  the  Keeper  of  the  Seal — Fees. 

Sec.  77.  The  Register  shall  take  under  his  charge  and  keeping,  the 
corporate  seal  of  the  city,  and  use  it  in  all  cases  which  now  are  or  may 
hereafter  be  required,  either  by  the  laws  of  the  United  States,  the  sev- 
eral States,  the  ordinances  of  this  corporation,  or  the  usage  and  cus- 
toms of  nations,  whenever  applied  to  for  that  purpose;  and  for  each 
and  every  seal  which  he  shall  affix  to  an  instrument  or  instruments  of 
writing,  he  shall  be  entitled  to  receive  for  the  use  of  the  city,  the  sum 
of  two  dollars;  except  that  in  cases  where  the  certificate  of  the  Regis- 
ter, under  seal,  shall  be  required  to  be  used  as  evidence  in  the  claTms 
of  soldiers  and  seamen  in  the  United  States  service,  or  in  the  claims 
of  the  widows  or  heirs  of  such  as  may  have  died,  or  may  hereafter  die 
in  the  service,  he  shall  furnish  such  certificate  without  any  charge 
whatever. 


THE    COURTS    OF    BALTIMORE    CITY. 
Constitution,  Akticle  IV,  Part  IY, 

The  provisions  of  the  Constitution  in  relation  to  the  Courts  of  Bal- 
timore city,  are  as  follows  : 

The  Supreme  Bench. 

Sec.  27.  There  shall  be  in  the  Eighth  Judicial  Circuit,  six  Courts 
to  be  styled  the  Supreme  Bench  of  Baltimore  city,  the  Superior  Court 
of  Baltimore  city,  the  Court  of  Common  Pleas,  the  Baltimore  City 
Court,  the  Circuit  Court  of  Baltimore  City,  and  the  Criminal  Court  of 
Baltimore. 

Jurisdiction  of  the  Superior  Court,  Court  of  Common  Pleas 
and  City  Courts. 

Sec.  28.  The  Superior  Court  of  Baltimore  city,  the  Court  of  Com- 
mon Pleas,  and  the  Baltimore  City  Court  shall,  each,  have  concurrent 
jurisdiction  in  all  civil  common  law  cases,  and,  concurrently,  all  the 
jurisdiction  which  the  Superior  Court  of  Baltimore  City  and  the  Court 
of  Common  Pleas  now  have,  except  jurisdiction  in  Equitv,  and  except 
in  applications  for  the  benefit  of  the  Insolvent  Laws  of  Maryland,  and 
in  cases  of  Appeal  from  judgments  of  Justices  of  the  Peace  in  said 
city,  whether  civil  or  criminal,  or  arising  under  the  ordinances  of  the 
Mayor  and  City  Council  of  Baltimore,  of  all  of  which  appeal  cases, 
the  Baltimore  City  Court  shall  have  exclusive  jurisdiction ;  and  the 
said  Court  of  Common  Pleas  shall  have  exclusive  jurisdiction  in  all 
applications  for  the  benefit  of  the  Insolvent  Laws  of  Maryland,  and 
the  supervision  and  control  of  the  Trustees  thereof. 
Jurisdiction  of  Cireuit  Court. 

Sec.  29.  The  Circuit  Court  of  Baltimore  city  shall  have  exclusive 
jurisdiction  in  Equity  within  the  limits  of  said  city,  and  all  such 


418  COUKTS   OF   BALTIMOKE   CITY. 

jurisdiction  as  the  present  Circuit  Court  of  Baltimore  city  has  ;  f/ro- 
r«<7e(^?,  the  said  Court  shall  not  have  jurisdiction  in  applications  for 
the  writ  of  habeas  corpus  in  cases  of  persons  charged  with  criminal 
offences. 

Jurisdiction  of  Criminal  Court. 
Sec.  30.  The  Criminal  Court  of  Baltimore  shall  have  and  exercise 
all  the  jurisdiction,  now  held  and  exercised  by  the  Criminal  Court  of 
Baltimore,  except  in  such  Appeal  cases  as  are  herein  assigned  to  the 
Baltimore  City  Court. 

Supreme  Bench  of  Baltimore  City —  Term  Fifteen  Years — Salary. 

Sec.  31.  There  shall  be  elected  by  the  legal  and  qualified  voters  of 
said  city,  at  the  election,  hereinbefore  provided  for,  one  Chief  Judge, 
and  four  Associate  Judges,  who,  together,  shall  constitute  the  Su- 
preme Bench  of  Baltimore  city,  and  shall  hold  their  offices  for  the 
term  of  fifteen  years,  subject  to  the  provisions  of  this  Constitution 
wuth  regard  to  the  election  and  qualifications  of  Judges,  and  their  re- 
moval irom  office,  and  shall  exercise  the  jurisdiction,  hereinafter  spe- 
cified, and  shall  each  receive  an  annual  salary  of  three  thousand  five 
hundred  dollars,  payable  quarterly,  which  shall  not  be  diminished 
during  their  term  of  office;  but  authority  is  hereby  given  to  the 
Mayor  and  City  Council  of  Baltimore,  to  pay  to  each  of  the  said 
Judges,  an  annual  addition  of  five  hundred  dollars  to  their  respective 
salaries ;  prodded,  that  the  same,  being  once  granted,  shall  not  be 
diminished  nor  increased,  during  the  continuance  of  said  Judges  in 
office. 

Assignment  of  Judges — Jurisdiction — SicTcness,  Absence,  &c. 

Sec.  32.  It  shall  be  the  duty  of  the  said  Supreme  Bench  of  Baltimore 
city,  as  soon  as  the  Judges  thereof  shall  be  elected  and  duly  qualified, 
and  from  time  to  time,  to  provide  for  the  holding  of  each  of  the  afore- 
said Courts,  by  the  assignment  of  one,  or  more  of  their  number,  to 
each  of  the  said  Courts.Who  may  sit  either  separately,  or  together, 
in  the  trial  of  cases :  and  the  said  Supreme  Bench  of  Baltimore  City 
may,  from  time  to  time,  change  the  said  assignment,  as  circumstances 
may  require,  and  the  public  interest  may  demand :  and  the  Judge  or 
Judges,  so  assigned  to  the  said  several  Courts,  shall,  when  holding 
the  same,  have  all  the  powers  and  exercise  all  the  jurisdiction,  which 
may  belong  to  the  Court  so  being  held  ;  and  it  shall  also  be  the  duty 
of  the  said  Supreme  Bench  of  Baltimore  City,  iu  case  of  the  sickness, 
absence  or  disability  of  any  Judge  or  Judges,  assigned  as  aforesaid, 
to  provide  for  the  hearing  of  the  cases,  or  transaction  of  the  business 
assigned  to  said  Judge  or  Judges,  as  aforesaid,  before  some  one,  or 
more  of  the  Judges  of  said  Court. 

General  Terms — Rules  to  le  Made — Jurisdiction  on  Motions — 

Right  of  Appeal. 
Sec.  33.  The  said  Supreme  Bench  of  Baltimore  City,  shall  have  power, 
and  it  shall  be  its  duty,  to  provide  for  the  holding  of  as  many  gene- 
ral Terms,  as  the  performance  of  its  duties  may  require,  such  general 
Terms  to  be  held  by  not  less  than  three  Judges  ;  to  make  all  needful 
rules  and  regulations  lor  the  conduct  of  business  in  each  of  the  said 
Courts,  during  the  session  theieoi",  and  in  vacation,  or  in  chambers, 
before  any  of  said  Judges;  and  shall  also  have  jurisdiction  to  hear 


COURTS   OF  BALTIMOltE   CITY.  419 

and  determine  all  motions  for  a  new  trial  in  cases  tried  in  any  of  said 
Courts,  where  such  motions  arise,  either  on  questions  of  fact,  or  for 
misdirection  upon  any  matters  of  law,  and  all  motions  in  arrest  of 
judgment,  or  upon  any  matters  of  law  determined  by  the  said  Judge 
or  Judges,  while  holding  said  several  Courts  ;  and  the  said  Supreme 
Bench  of  Baltimore  city,  shall  make  all  needful  rules  and  regulations 
for  the  hearing  before  it  of  all  of  s;iid  matters  ;  and  the  same  right  of 
appeal  to  the  Court  of  Appeals  shall  be  allowed  from  the  determina- 
tion of  the  said  Court  on  such  matters,  as  would  have  been  the  right 
of  the  parties  if  said  matters  had  been  decided  by  the  Court  in  which 
said  cases  were  tried. 

Decisions  of  Judges  of  City  Court  in  Justices'  Appeal  Cases 
Final — Attedation  of  Writs^  dec. 

Sec.  84.  No  appeal  shall  lie  to  the  Supreme  Bench  of  Baltimore 
City  from  the  decision  of  the  Judge  or  Judges  holding  the  Baltimore 
City  Court,  in  case  of  apjieal  from  a  Justice  of  the  Peace  ;  but  the 
decision  by  said  Judge  or  Judges,  shall  be  final ;  and  all  writs  and 
other  process  issued  out  of  either  of  said  Courts,  requiring  attesta- 
tion, shall  be  attested  in  the  name  of  the  Chief  Judge  of  the  said 
Supreme  Bench  of  Baltimore  City. 

Three  Judges  of  Supreme  Bench  a  Quoi'um. 

Sec.  35.  Three  of  the  Judges  of  said  Supreme  Bench  of  Baltimore 
City,  shall  constitute  a  quorum  of  said  court. 

All  Causes  Pending  to  ie  Proceeded  in. 

Sec.  36.  All  causes  depending,  at  the  adoption  of  this  Constitution, 
in  the  Superior  Court  of  Baltimore  City,  the  Court  of  Common  Pleas, 
the  Criminal  Court  of  Baltimore,  and  the  Circuit  Court  of  Baltimore 
City  shall  be  proceeded  in,  and  prosecuted  to  final  judgment,  or  de- 
cree, in  the  Courts,  respectively,  of  the  same  name  established  by  this 
Constitution,  except  cases  belonging  to  that  class,  jurisdiction  over 
which  is  by  this  Constitution  transferred  to  the  Baltimore  City  Court, 
all  of  which  shall,  together  with  all  cases  now  pending  in  the  City 
Court  of  Baltimore,  be  proceeded  in,  and  prosecuted  to  final  judg- 
ment in  said  Baltimore  City  Court. 

Clerks  of  Courts — To  he  Elected  hy  People — Term  Six  Tears — 
Salaries  $3500 — Perquisites  Not  Alloiced — Vacancy. 

Sec.  37.  There  shall  be  a  Clerk  of  each  of  the  said  Courts  of  Balti- 
more City,  except  the  Supreme  Bench,  who  shall  be  elected  by  the 
legal  and  qualified  voters  of  said  city,  at  the  election  to  be  held  in 
said  city  on  the  Tuesday  next  after  the  first  Monday  of  November,  in 
the  year  eighteen  hundred  and  sixty-seven,  and  shall  hold  his  office 
for  six  years  from  the  time  of  his  election,  and  until  his  successor  is 
elected  and  qualified,  and  be  re-eligible  thereto,  subject  to  be  removed 
for  willful  neglect  of  duty,  or  other  misdemeanor  in  office,  on  convic- 
tion in  a  court  of  law.  The  salary  of  each  of  the  said  Clerks  shall  be 
thirty-five  hundred  dollars  a  year,  payable  only  out  of  the  lees  and  re- 
ceipts collected  by  the  Clerks  of  said  city,  and  they  shall  be  entitled 
to  no  other  perquisites  or  compensation.  In  case  of  a  vacancy  in  the 
office  of  Clerk  of  any  of  said  Courts,  the  Judges  of  said  Supreme  Bench 
of  Baltimore  City  shall  have  power  to  fill  such  vacancy  until  the  general 
election  of  delegates  to  the  General  Assembly,  to  be  held  next  there- 


420  COURTS   OF   BALTIMORE   CITY. 

after,  when  a  Clerk  of  said  Court  shall  be  elected   to  serve  for  six 
years  thereafter;  and  the  provisions  of  this  Article  in  relation  to  the 
ajjpointment  of  deputies  by  the  Clerks  of  the  Circuit  Courts  in  the 
counties  shall  apjily  to  the  Clerks  of  the  Courts  in  Baltimore  city. 
Clerk  of  Common  Pleas  to  Issue  Licenses — Duties  of  Clerk  of 

Superior  Court. 

Sec.  38.  The  Clerk  of  the  Court  of  Common  Pleas  shall  have  au- 
thority to  issue  within  said  city,  all  marriage  and  other  licenses  re- 
quired by  law,  subject  to  such  provisions  as  are  now,  or  may  be  pre- 
scribed by  law.  The  Clerk  of  the  Superior  Court  of  said  city  shall 
receive  and  record  all  deeds,  conveyances,  and  other  papers,  which 
are,  or  may  be  required  by  law,  to  be  recorded  in  said  city.  He  shall 
also  have  custody  of  all  papers  connected  with  the  proceedings 
on  the  law,  or  equity  side  of  Baltimore  County  Court,  and  of  the 
dockets  thereof,  so  far  as  the  same  have  relation  to  the  City  of  Balti- 
more, and  shall  also  discharge  the  duties  of  Clerk  to  the  Supreme 
Bench  of  Baltimore  City,  unless  otherwise  provided  by  law. 

Another  Court  in  Baltimore  City — Re-apportionment  of 
Jurisdiction —  Glerk''s  Bonds. 

Sec.  39.  The  General  Assembly  shall,  whenever  it  may  think  the 
same  proper  and  expedient,  provide,  by  law,  another  court  for  the 
city  of  Baltimore,  and  prescribe  its  jurisdiction  and  powers:  in 
which  case  there  shall  be  elected  by  the  voters  of  said  city,  qualified 
under  this  Constitution,  another  Judge  of  the  Supreme  Bench  of  Bal- 
timore City,  who  shall  be  subject  to  the  same  constitutional  pro- 
visions, hold  his  office  for  the  same  term  of  years,  receive  the  same 
compensation,  and  have  the  same  powers,  as  are  herein  jDrovided  for 
the  Judges  of  said  Supreme  Bench  of  Baltimore  City;  and  all  of  the 
provisions  of  this  Constitution  relating  to  the  assignment  of  Judges 
to  the  Courts,  now  existing  in  said  city,  and  for  the  dispatch  of  busi- 
ness therein,  shall  apply  to  the  Court,  for  whose  creation  provision  is 
made  by  this  Section.  And  the  General  Assembly  may  re-apportion, 
change,  or  enlarge  the  jurisdiction  of  the  several  Courts  in  Balti- 
more City.  Until  otherwise  provided  by  law,  the  Clerk  of  the 
Superior  Court  of  Baltimore  City,  of  the  Court  of  Common  Pleas,  of 
the  Circuit  Court  of  Baltimore  City,  of  the  Baltimore  City  Court,  and 
of  the  Criminal  Court  of  Baltimore,  shall  each  give  bond  in  such 
penalty  as  is  now  jirescribed  by  law,  to  be  given  by  the  Clerks  of  the 
Courts,  bearing  the  same  names,  under  the  present  Constitution. 
The  Court  Officers — How  Appointed. 

Sec.  9.  The  Judge,  or  Judges  of  any  Court,  may  appoint  such  offi- 
cers for  their  respective  Courts  as  may  be  found  necessary;  and  such 
officers  of  the  Courts  in  the  city  of  Baltimore  shall  be  appointed  by 
the  Judges  of  the  Supreme  Bench  of  Baltimore  City. — Art.  4,  Sec.  9. 


For  the  General  Provisions  of  the  Constitution  and  the  General 
Laws,  relating  to  "Orphans'  Courts,"  see  Article  4,  Part  5,  Section  40, 
page  147. 

For  General  Provisions  of  the  Constitution  and  the  General  Laws, 
relating  to  "Registers  of  AVills,"  see  Constitution  and  General  Laws, 
Article  4,  Part  5,  Section  41,  pages  154  and  155  to  lUl. 


PROVISIONS   OP   THE    LOCAL   LAWS.  421 

For  General  Provisions  of  the  Constitution  and  General  Laws,  re- 
lating to  "Justices  of  the  Peace,"  see  Article  4,  Part  0,  Section  42,  of 
Constitution,  pages  161  to  175. 

For  General  Provisions  of  the  Constitution  and  General  Laws,  re- 
lating to  "Sheriils,"  see  Article  4,  Part  7,  of  Constitution,  Section  44, 
pages  182  to  195. 

For  State's  Attorneys,  &c.,  see  Constitution,  Article  5,  Sections  7  to 
12,  pages  197  to  203. 


PROVISIONS  OP  THE  LOCAL  LAWS,  RELATING? 

TO  THE  COURTS  AND  COURT  OFFICERS 

OF  BALTIMORE    CITY. 

The  Public  Local  Laws  of  Baltimore  city.  Article  4,  relating  to 
Baltimore  City  Courts,  are  as  follows  : 

The  Superior  Court,  Court  of  Common  Pleas 

AND  City  Court. 

Terins  of  Court. 

Sec.  160.  The  stated  terms  of  the  Superior  Court  of  Baltimore  City, 
the  Court  of  Common  Pleas,  and  the  Baltimore  City  Court,  shall  com- 
mence on  the  second  Monday  in  January,  the  second  Monday  in  May, 
and  the  second  Monday  in  September,  in  each  year. 

Return-Days. 

Sec.  161.  In  addition  to  the  first  day  of  each  temi  of  the  Superior 
Court  of  Baltimore  city,  the  Court  of  Common  Pleas  and  the  Balti- 
more City  Court,  the  second  Monday  in  February,  March,  April,  June, 
July,  October,  November  and  December,  in  each  year,  shall  be  return- 
days.— 1864,  ch.  6. 

Writ  may  he  made  Returriable  to  next  Return-Day, 

Sec.  162.  Any  person  instituting  an  action  in  either  of  said  courts, 
may,  at  his  election,  have  his  original  writ  made  returnable  to  the 
next  succeeding  return-day,  or,  to  the  first  day  of  the  next  succeeding 
term.— 1864,  ch.  6. 

Writ  may  "be  Renewed. 

Sec.  163.  On  the  return  of  any  original  writ  not  executed  in  either 
of  said  courts,  the  same  may  be  renewed,  returnable  to  the  next  return- 
day  thereafter,  or  to  the  next  term  of  the  said  court  from  which  said 
original  writ  was  issued. — lUd. 

Same  Proceedings  when  Returned  at  Retwn-Days  as  at  Term. 

Sec.  164.  After  the  execution  of  any  original  writ  made  returnable 
to  a  return-day  in  either  of  the  said  courts,  the  same  proceedings  may 
be  had  in  the  prosecution  of  the  said  writ  as  would  be  proper  in  case 
the  said  writ  had  been  made  returnable,  and  had  been  returned  to  a 
term  of  the  court  from  which  the  same  was  issued. — Ibid. 

Judgment  ly  Default,  when  Given  and  when  Struck  Out. 

Sec.  165.  If  a  defendant  regularly  returned  summoned  to  appear  at 
a  stated  term  or  a  return-day  of  the  court  from  which  the  original  writ 


4:23  PROVISIONS  OF   THE   LOCAL   LAWS. 

was  issued,  shall  fail  to  appear  on  the  day  to  which  the  said  writ  was 
returnable,  judgment  for  his  default  may,  on  motion  of  the  plaintiff 
made  in  writing,  and  tiled  with  the  clerk  of  the  court  from  which  said 
original  writ  was  issued,  be  entered  by  the  said  court  or  by  the  said 
clerk  against  the  said  defendant ;  which  said  judgment  shall  be 
stricken  out  on  his  appearance  being  entered  to  the  acticm  at  any 
time  before  the  first  return  day  thereafter;  and  if  the  said  defendant 
shall  fail  to  appear  within  the  time  above  limited,  the  party  plaintiff 
may  sue  out  his  writ  of  inquiry,  or  otherwise  enter  up  final  judgment, 
according  to  the  course  of  the  "court. — Ibid. 

Trial  Term. 
Sec.  166.  Every  suit  where  the  cause  of  action  is  a  contract,  whether 
in  writing  or  not,  or  whether  express  or  implied,  shall  stand  for  trial 
or  judgment  on  the  first  day  of  the  term,  or  at  the  return-day  next 
succeeding  the  entry  of  the  appearance  of  the  defendant,  whichever 
shall  first  happen,  unless  the  time  shall  be  extended  by  the  court  or 
cause  shown. — Ibid. 

Plaintiff,  How  and  When  Entitled  to  Judgment. 
Sec.  167.  In  any  action  brought  for  any  of  the  causes  mentioned 
in  the  last  preceding  section,  the  plaintiff,  if  he  make  affidavit  or  athr- 
mation  as  hereinafter  stated,  shall  be  entitled  to  judgment  on  the  first 
day  of  the  term  of  the  court  in  which  said  action  is  pending,  or  at  the 
return-day  next  succeeding  the  appearance  of  the  defendant,  which- 
ever shall  first  happen  or  occur,  although  the  defendant  may  have 
pleaded,  unless  such  plea  contains  a  good  defence,  and  unless  the 
delendant,  or  some  one  in  his  behalf,  shall  make  oath  or  affirmation 
that  the  said  plea  is  true,  and  that  he  verily  believes  that  he  will  be 
able,  at  the  trial  of  the  cause,  to  produce  sulficient  evidence  to  sup- 
port the  said  plea. — Ibid. 

Plaiyitiff's  Affidavit,  &e. 

Sec.  168.  The  plaintiff  shall  not  be  entited  to  judgment  under  either 
of  the  three  preceding  sections,  unless  at  the  time  of  bringing  his  ac- 
tion, he  shall  file  with  his  declaration,  an  affidavit  or  athrnration,  if 
he  is  conscientiously  scrupulous  as  to  taking  an  oath,  stating  the  true 
amount  that  the  defendant  is  indebted  to  him,  over  and  above  all  dis- 
counts, and  shall  also  file  the  bond,  bill  of  exchange,  promissory  note, 
or  other  writing  or  account,  by  which  the  defendant  is  so  indebted ; 
and  the  said  affidavit  or  affirmation,  may  be  made  before  any  of  the 
persons  who  may  take  an  affidavit  or  affirmation,  to  authorize  the 
issuing  of  a  foreign  attachment,  and  may  be  certified  in  the  same 
manner. — Ibid. 

Assessment  of  Damages  by  Court. 

Sec.  169.  When  any  judgment  by  default  shall  be  entered  under 
the  preceding  sections,  the  court  may  assess  the  damages  on  proof 
thereof,  without  empaneling  a  jury  to  do  so. — Ibid. 

Writs  Returnable  at  Election  of  Plaintiff. 
Sec.  170.  "Writs  of  execution  issued  out  of  the  Superior  Court  of 
Baltimore,  or  the  Court  of  Common  Pleas,  may  be  made  returnable, 
at  the  election  of  the  plaintiff',  to  the  next  succeeding  return-day  ol 
the  Court  from  which  said  writ  was  issued,  or  to  the  next  succeeding 
term  of  the  said  Court. — Ibid. 


PROVISIONS   OF   THE    LOCAL   LAWS.  423 

WTien  Execution  may  Issue  on  Judipmnts  of  Courts. 
Sec.  171.  On  all  judgments  rendured  in  theCdurt  of  Common  Pleas, 
tlie  City  Court,  and  the  Superior  Court  of  Baltimore,  and  on  all  judg- 
ments by  default,  when  extended  aecording  to  law  and  the  course  of 
the  court,  execution  may  issue  at  any  time  after  judgment  rendered  or 
extended  as  aforesaid,  and  Section  19,  Article  29,  of  the  PuIjHc  C4ene- 
ral  Laws,  relating  to  writs  of  execution,  shall  not  a])])Iy  to  the  city  of 
Baltimore,  so  tiir  as  the  same  relates  to  the  stay  on  iuduments. — 1864, 
ch.49.  J        J     = 

Judges  to  have  Exclusive  Jurisdiction  to  Tienr  certain  Motions^  &c. 
Sec.  172.  The  Judge,  before  whom  any  case  may  hereafter  be  tried, 
in  either  the  Baltimore  City  Court,  the  Superior  Court  of  Baltimore 
City,  or  in  the  Court  of  Common  Pleas,  shall  have  exclusive  jurisdic- 
tion to  liear  and  determine,  and  the  said  Judge  shall  hear  and  deter- 
mine, all  motions  for  a  new  trial  where  such  motions  arise,  either  on 
questions  of  fact  or  for  misdirection  upon  any  matters  of  law,  and  all 
motions  in  arrest  of  judgment  or  U])on  any  matters  of  law,  determined 
by  the  said  Judge,  and  all  such  motions  shall  be  heMr(l  and  determined 
within  thirty  days  after  they  are  made. — 1S70,  ch.  173. 

Not  to  File  a  Paper  Booh. 
Sec.  173.  In  no  case  hereafter,  shall  either  the  plaintiff  or  defendant 
be  required  to  file  a  "Paper  Book"  of  evidence  or  brief  in  either  of  the 
Courts  in  the  City  of  Baltimore. — Ibid. 


THE     CIRCUIT     COURT. 

Terms  of  Court. 
The  regular  terms  for  the  sitting  of  the  Circuit  Court  of  Baltimore 
City,  shall   be   on  the  second  Monday  of  May,  S('|)tcinber,  NovcniI)er 
and   January;  and  the  second  Monday  of  Marc li  and  July,  in  each 
year,  shall  be  a  return-day. — 1870,  ch.  32. 

When  a  Jury  is  Asked  for. 

Sec.  174.  Whenever  in  any  case  instituted  in  the  Circuit  Court,  a 
jury  is  asked  for  and  allowed,  or  is  desired  by  the  judge  thereof,  the 
judge  shall  issue  an  order  to  the  sheritf  of  Baltimore  city,  requiring 
him  to  summon  twenty  jurors  to  attend  the  court,  when  proceedings 
shall  be  had  in  such  case  as  is  usual  in  like  cases  in  equity. 
Night    Watchman-^IIis  Duties  and  Salary. 

Sec.  174,  Sub-Sec.  1.  The  Clerk  of  the  Circuit  Court  of  Baltimore  city 
is  hereby  authorized  and  empowered  to  appoint  a  Night  Watchman, 
whose  duty  shall  be  to  strictly  and  vigilantly  guard  throughout  the 
year,  between  the  hours  of  six  P.  M.  and  seven  A.  M.,  the  records  and 
papers  deposited  in  the  ollice  of  the  Clerk  of  the  Circuit  Court  of  Bal- 
timore city,  and  who  shall  be  removed,  in  the  discretion  of  the  said 
Clerk  of  the  Circuit  Court,  for  neglect  or  carelessness  in  the  discharge 
of  his  duties,  or  for  other  good  and  sufficient  cause.  The  Register  of 
the  city  of  Baltimore  shall  pay  to  the  said  Watchman  the  sum  of 
uine  hundred  dollars  jjer  annum,  as  and  for  his  salary,  in  the  same 
manner  as  is  now  by  law  jjrovided  for  the  payment  of  the  salaries  of 
the  bailifls  of  the  courts. — 1872,  ch.  87. 


434  PROVISIONS   OF   THE    LOCAL   LAWS. 

CRIMINAL     COURT. 

Terms  of  Criminal  Court. 
Sec.  175.  The  Criminal  Court  of  Baltimore,  shall  hold  three  regular 
sessions,  yearly,  to  commence  on  the  second  Monday  of  January,  sec- 
ond Monday  of  May,  and  second  Monday  of  September  ;  and  such 
sessions  shall  continue  until  all  the  business  before  it  shall  be  finished. 

Cases. 
Sec.  176.  At  such  special  sessions  of  said  court,  all  cases  may  be 
tried  and  disposed  of  as  at  the  regular  terms  thereof. 

Jurisdiction  of  Criminal  Court. 
Sec.  177.  The  Criminal  Court  of  Baltimore  shall  have  jurisdiction 
in  all  cases  of  felony,  and  other  crimes,  ofl'euces  and  misdemeanors 
within  the  city  of  Baltimore. 

Commitments  and  Recognizances. 
Sec.  178.  All  commitments  and  recognizances  for  all  felonies, 
crime,  ofi'ences  and  misdemeanors  committed  within  said  city,  shall 
be  returned  from  time  to  time  by  any  justice  of  the  peace  taking  the 
same  before  said  court,  and  shall  be  lodged  with  the  clerk  of  said 
court  on  the  day  nest  preceding  the  day  appointed  for  holding  the 
said  court. 

Witnesses  to  be  Recognized. 

Sec.  179.  The  justices  of  the  peace  for  Baltimore  city,  whenever 
they  shall  commit  any  person  for  want  of  bail,  for  trial,  on  chartres  of 
assault  and  battery,  for  keeping  a  disorderly  house,  or  for  violation 
of  Article  fifty-six  of  Code  of  Public  General  Laws,  entitled,  Licenses, 
and  for  any  other  small  offences  for  which  no  greater  punishment 
than  fine  and  imprisonment  can  be  imj^osed,  shall  endorse  on  said 
commitments  the  names  and  places  of  residence  of  the  witnesses,  who 
shall  have  appeared  before  them  on  behalf  of  the  prosecution,  and 
shall  recognize  said  witnesses  to  aj^pear  before  said  court  on  the  next 
Saturday  thereafter. 

The   Warden's  Duty. 

Sec.  180.  The  Warden  of  Baltimore  City  Jail  shall,  on  receiving 
said  commitment,  enter  the  names  and  places  of  residence  of  said 
witnesses  on  his  docket,  and  shall,  on  demand,  give  a  copy  thereof  to 
the  accused,  together  with  a  copy  of  the  commitment. 

Warden  to  Bring  Prisoners  Befoi'e  Court — Trial. 

Sec.  181.  The  said  Warden  shall  bring  before  the  Criminal  Court 
every  person  who  may  be  committed  to  jail  ibr  want  of  bail  Ibr  any 
of  the  offences  mentioned  in  above  Section  17,  on  the  Saturday  next 
succeeding  his  or  her  commitment;  and  if  the  said  person  shall  think 
proper  to  waive  his  or  her  right  to  a  trial  by  jury,  and  have  his  or 
cause  heard  and  determined  in  a  summary  way,  the  said  court  shall 
hear  and  determine  the  same,  and  the  same  shall  be  proceeded  witli 
in  the  same  manner,  and  to  the  same  legal  effect,  as  if  submitted  on 
presentment  or  indictment  by  the  grand  jury. 

Original  Commitment. 
Sec.  182.  The  said  Warden  shall  file  with  the  clerk  of  said  court 
the  original  commitment,  or  a  copy  thereof,  on  the  day  preceding  the 
trial. 


PROVISIONS    OF   THE   LOCAL   LAWS.  425 

One-Half  tlie  Legal  Costs. 

Sec.  Ift3.  The  clerk  of  said  court  shall  tax  only  half  the  legal 
charges  in  such  cases,  established  by  law  in  cases  of  indictment  found 
by  agrand  jury ;  and  all  cases  of  presentment  for  violation  of  the 
provisions  of  Article  lifty-six  of  the  Code,  may  be  tried  upon  said  pre- 
sentment, and  be  chargeable  with  only  half  the  legal  costs  chargeable 
in  such  cases,  when  tried  upon  indictment. 

When   Capias  to  he  Re-Issued  and  Return  Made. 

Sec.  184.  It  shall  be  the  duty  of  the  sheriff  to  make  return  of  all 
capias  upon  presentment  or  indictment  Irom  said  court,  within  five 
days  after  the  same  is  delivered  to  him  by  the  clerk,  and  if  said  capias 
is  returned  non  est,  the  clerk  shall,  in  the  discretion  of  the  State's 
Attorney  of  Baltimore  Cty,  order  said  capias  to  be  re-issued,  and  the 
same  capias  shall  again  be  delivered  to  the  sheriff;  and  the  date  of 
the  first  return  thereof  shall  be  endorsed  thereon;  and  the  second 
return  shall  be  made  within  the  time  above  specified  ;  and  in  case  the 
said  capias  is  returned  the  second  time  non  est,  the  same  shall  be 
again  so  endorsed  and  delivered  to  the  sheriff. 

Clerics  and  Sheriffs''  Fees. 
Sec.  185.  The  clerk  of  the  said  court  and  the  sheriff  of  the  said 
city,  shall   be  allowed  only  the  fees  for  the  issue  of  one  capias,  or  lor 
the  service  of  one  capias  in  each  term,  however  often  the  same  may 
be  issued  or  returned. 

Suhpcenas  for  Witnesses. 
Sec.  186.  All  subpoenas  for  witnesses  from  said  court,  shall  be  re- 
turned by  the  sheriff  within  six  days  after  the  same  are  issued  by 
the  clerk,"  or  within  six  days  after  the  day  ot  the  renewal  of  such 
subpa?nas,  unless  the  same  are  ordered  to  be  returned  immediately, 
in  which  case  they  shall  be  so  returned  if  practicable. 

Fees  of  Sheriff. 
Sec  187.  The  said  sheriff  shall  be  allowed  for  the  service  of  one 
subpcena  only,  against  any  witness  that  may  be  returned  non  est,  and 
for  whom  the  said  subpoena  may  be  renewed,  whether  once  or  oftener 
in  one  term. 

Renewal  of  Suhpmnas. 

Sec.  188.  The  clerk  of  said  court,  if  a  subpoena  is  renewed  by 
order  of  the  State's  Attorney,  or  by  the  counsel  of  the  prisoner  or 
traverser,  shall  endorse  the  renewal  on  the  subpoena,  and  the  same 
shall  have  all  the  legal  effect  of  a  new  sul:)i)a'na  issued  in  the  term  of 
said  court,  during  which  said  subpojna  was  first  issued. 

Penalty  on  Sheriff. 

Sec  189.  The  sheriff  of  said  city  shall  be  subject  to  a  penalty  of 
five  dollars  in  each  case  in  which  returns  are  not  made  within  the 
times  prescribed  in  this  article. 

Saturday  Court — No  Jury. 

Sec  190.  The  judge  of  said  court  shall  hold  a  court  every  Satur- 
day during  the  year,  on  which  day  no  petit  jury  shall  be  in  attend- 
ance unless  such  jury  has  been  empanelled,  and  the  case  before  it  not 
concluded. 


42G  LOCAL   lAWS   OF   BALTIMORE    CITY   COURTS. 

WJien  Prosecutor  to  Pay  Costs. 

Sec  191.  In  all  cases  of  misdemeanor,  which  may  be  prosecuted  in 
said  court,  at  the  instance  of  any  person,  if  the  party  or  parties  so 
prosecuted  shall  be  acquitted,  all  the  legal  costs  and  expenses  attend- 
ing the  prosecution  shall  be  paid  by  the  person  at  whose  instance 
such  jjrosecution  was  commenced,  unless  the  court  shall  certify  that 
there  was  probable  cause  for  the  jDrosecution. 

How  Costs  ai'e  Recovered. 

Sec.  193.  The  same  process  may  be  issued  for  the  recovery  of  the 
costs  and  expenses  of  such  prosecution  against  the  person  who  may 
become  liable  therefor  under  the  last  preceding  section,  as  could  be 
issued  against  the  party  prosecuted,  if  he,  she  or  they  had.  been  con- 
victed. 

Prosecutor'^s  Name  on  Indictment  far  Misdemeanor. 

Sec  193.  Whenever  the  grand  jury  shall  find  any  presentment 
against  any  person  for  a  misdemeanor,  they  shall  endorse  on  the  pre- 
sentment the  name  of  the  person  at, whose  instance  such  ijresentment 
is  made,  who  shall  be  deemed  and  taken  to  be  the  person  at  whose 
instance  such  jjrosecution  was  commenced. 

Judge  or  Court  to  Accent  Surrender  In/  Bail. 
Sec  194.  If  any  security  in  any  recognizance  shall  request  to  de- 
liver up  the  principal,  the  said  court,  or  the  judge  thereof,  in  the  re- 
cess, may  accept  such  surrender,  and  may  require  and  take  other 
recognizance,  or  commit  the  principal  to  jail  until  he  gives  such  se- 
curity as  the  law  requires. 

Children  of  Convicts. 
Sec.  195.  If  any  person  convicted  in  said  court  shall  have  a  child 
or  children  under  the  age  of  twenty-one  years,  and  shall  not  have 
property  sufficient  to  maintain  such  child  or  children,  the  said  court 
may  bind  such  child  or  children  to  any  trade  or  handicraft:  females 
imtil  the  age  of  sixteen,  and  males  until  the  age  of  tweuty-oue  years. 

Fine  on   Witnesses. 

Sec  196.  If  any  person,  who  shall  be  summoned  as  a  witness  to 
said  court,  shall  fail  to  attend  as  required  in  said  summons,  he  shall 
be  lined  by  said  court,  in  its  discretion,  not  exceeding  one  hundred 
and  fifty  dollars. 

When  Bail  is  Liable  to  Attachment  for  Contempt. 

Sec  197.  In  all  criminal  cases  in  the  said  court,  in  which  bail  shall 
be  forfeited,  the  person  or  persons  who  shall  have  entered  into  such 
recognizance  or  recognizances  for  the  appearance  of  any  traverser  or 
prisoner,  shall  be  liable  forthwith  to  an  attachment  for  contempt  for 
the  non-ai)j)earance  of  the  said  i)arty,  which  attachment  shall  be 
issued  by  the  court  in  which  an  iiulictment  against  said  traverser  or 
prisoner  is  pending,  at  the  instance  of  the  attorney  prosecuting 
therein. 

To  he  Committed  Till  Payment — Proviso. 

Sec  198.  In  all  cases  in  which  bail  as  aforesaid  is  forfeited,  the 
court  mav,  on  the  return  of  said  attuclimciit,  order  the  person  or  per- 
sons attaclied  to  stand  conunitted  until  the  amount  of  said  rocouui- 
zance  is  fully  paid  and  satisfied,  or  may  order  said  persons  to  be  dis- 


LOCAL    LAVrs   OP   BALTIMORE   CITY   C0URT8.  427 

charged  upon  the  payment  of  such  lesser  sum  as  it  shall,  in  its  dis- 
cretion, deem  proper;  provided,  such  sum  be  not  less  tlitin  the  amount 
of  tlie  costs,  which  may  have  accrued  in  the  case  up  to  the  time  of 
passing  such  order. 

Fees  to  State's  Attorney  in  Removed   Cases. 

Sec.  199.  In  all  criminal  cases  removed  from  the  Circuit  Court  for 
Baltimore  county  to  the  Criminal  Court  of  Baltimore  and  tried,  the 
Judge  of  the  Criminal  Court  may  allow  to  the  State's  Attorney  for 
Baltimore,  in  addition  to  the  sum  now  allowed  by  law,  a  compensa- 
tion not  exceeding  thirty  dollars  in  any  one  case,  to  be  paid  by  Bal- 
timore county  to  the  Register  of  the  city  for  the  benefit  of  the  State's 
Attorney. 

Assistant   Counsel. 

Sec.  200.  The  Criminal  Court  of  Baltimore  may  appoint  assistant 
counsel  for  the  State  to  aid  in  the  trial  of  criminal  or  other  State 
cases  in  said  court,  whenever  in  the  judgment  of  the  court  the  public 
interest  requires  it. 

Compensation  to  be  Levied. 

Sec.  201.  The  Mayor  and  City  Council  of  Baltimore  shall  levy  and 
pay  such  sum  as  in  their  judgment  will  be  an  adequate  compensation 
for  the  services  rendeied  by  such  assistant  counsel;  provided,  the 
sum  levied  and  paid  in  any  single  case  shall  not  exceed  one  hundred 
dollars. 


ORPHANS'     COURT. 

The  Judrjes'  Pay. 

Sec.  201.  The  Judges  of  the  Orphans'  Court  of  Baltimore  City  shall 
receive  six  dollars  for  every  day's  attendance  upon  the  sessions  of  said 
court,  to  be  paid  by  the  city  of  Baltimore. — 1805,  ch.  169. 

Pay  of  Bailiff. 

Sec.  202.  The  Bailiff  of  said  Orphans'  Court  shall  receive  four  dol- 
lars a  day  for  each  day's  attendance  upon  said  court. — 1868,  ch.  20. 
Intestate  Mariners  Estates. 

Sec.  203.  Whenever  a  mariner  residing  in  or  sailing  to  or  from  the 
port  of  Baltimore,  shall  depart  this  life  intestate,  and  leaving  no  re- 
lations within  the  fifth  degree,  to  be  reckoned  by  counting  down 
from  the  common  ancestor  to  the  more  remote,  the  whole  surplus  es- 
tate of  such  mariner,  after  paying  debts,  funeral  ex2)enses  and  costs 
of  administration,  shall  devolve  on  and  become  the  property  of  the 
Charitable  Marine  Society  of  Baltimore. 


REGISTER     OF    WILLS. 
Bond  $30,000. 

Sec.  204.  The  Register  of  Wills  for  Baltimore  city,  upon  his  elec- 
tion or  appointment,  and  at  or  before  the  expiration  of  every  two 
years  thereafter,  shall  give  bond  to  the  State  of  Maryland  in  the  sum 
of  thirty  thousand  dollars,  conditioned  for  the  faithful  performance 
of  all  the  duties  now  or  which  may  hereafter  be  required  of  him  by 
law,  with  securities,  the  sufficiency  of  which  shall  be  certified  by  the 


428  LOCAL    LAWS    OF   BALTIMORE    CITY    COURTS. 

Judges  of  the  Orphans'  Court  for  said  city,  the  same  to  be  approved 
by  the  Comptroller,  and  when  approved,  to  be  filed  in  his  oftice. 

Bond  to  he  Approved  hy  the  Judges. 

Sec.  205.  When  said  bond  is  inspected  by  the  judges  of  said  court, 
and  is  deemed  good  and  sufiicient,  and  is  so  certified,  the  same  shall 
be  forthwith  entered  among  the  proceedings  of  said  court,  and  sent 
to  the  Comptroller  for  his  ap])roval,  and  when  said  bond  shall  be  ap- 
proved by  the  Comptroller,  he  shall  iorthwith  make  a  certificate  of 
the  fact  of  such  approval,  and  send  the  said  certificate  to  the  judges 
of  said  Orphans'  Court,  and  the  same  shall  be  entered  among  the  pro- 
ceedings of  the  court. 

On  Neglect  to  Bond  to  Vacate  Office. 

Sec.  206.  A  refusal  or  neglect  on  the  part  of  said  Register  to  give 
bond,  to  be  approved  and  recorded  as  atbresaid  within  the  time  pre- 
scribed, shall  be  deemed  a  disqualification  within  the  meaning  of  the 
Constitution,  and  thereupon  his  place  shall  be  filled  according  to  the 
provisions  of  the  twenty-fifth  and  forty-first  sections  of  the  fourth 
article  of  the  Constitution,  and  subject  to  the  term  and  service  therein 
prescribed. 


CLERKS    OF     COURTS. 

Clerl  of  Superior  Court— Bond  $30,000. 

Sec.  207.  The  Clerk  of  the  Superior  Court  of  Baltimore  City,  shall 
give  bond  to  the  State  of  Maryland,  in  the  sum  of  thirty  thousand 
dollars,  conditioned  for  the  faithful  performance  of  all  the  duties  now 
required  of  him  by  law,  or  which  may  hereafter  be  required  of  him  by 
law,  with  suflicient  securities ;  the  suihciency  of  which  securities 
shall  be  certified  to  by  the  judge  of  said  Court,  and  approved  by  the 
Comptroller  as  herein  directed. — 1854,  ch.  409  ;  1856,  ch.  286. 

Approval  of  Bond. 

Sec  208.  When  the  suificiency  of  the  securities  in  said  bond  is  cer- 
tified to  by  the  judge,  the  bond  shall  be  immediately  recorded  among 
the  proceedings  of  said  Court,  and  then  sent  to  the  Comptroller  for 
his  approval  ;  and  if  the  Comptroller  shall  approve  said  bond  and  se- 
curities, he  shall  certify  the  same  to  the  judge  of  said  court,  and  such 
certificate  shall  be  recorded  in  said  court. — 1856,  ch.  286. 

Renewal  of  Bond. 

Sec.  209.  The  said  clerk  shall,  every  second  year,  renew  his  said 
bond  in  the  same  penalty,  and  with  securities  to  be  certified  and  ap- 
proved as  hereinbefore  directed. — Hid. 

Failure  to  Oive  Bond — No  Deputy  to  he  Surety. 

Sec.  210.  If  the  Clerk  of  said  Court  shall  fail  to  give  bond  as  herein 
directed,  within  thirty  days  after  he  has  received  his  commission,  or 
shall  fail  to  give  a  new  bond  within  thirty  days  after  the  expiration 
of  two  years  from  the  date  of  the  bond  previously  given,  it  shall  be 
regarded  as  a  misdemeanor  in  office,  and  upon  conviction  thereof,  he 
shall  be  removed.  No  deputy  or  assistant  of  such  clerk  shall  become 
a  surety  on  his  official  bond. — lUd. 


LOCAL   LAWS   OF   BALTIMORE   CITY   COURTS.  429 

Clerh  of  Superior  Court  to  Irep  Index  of  Judijvients  and  Decrees. 
Sec.  211.  The  Clerk  of  the  Superior  Court  of  I];iltimore  City,  is 
hereby  authorized  and  required  to  prepare  an  index  of  all  judtrnients 
and  decrees  which  have  been  rendered  in  the  Su])erior  Court  aforesaid 
since  its  organization,  the  expense  of  wliich  index  to  be  paid  by  him 
out  ol  the  receipts  of  his  office,  as  other  ofKce  expenses  are  now  paid, 
and  he  is  further  authorized  and  required  on  each  day  after  the  ad- 
journment of  the  court,  to  enter  in  a  book  to  be  provided  for  that 
puri)ose,  an  index  of  each  judgment  and  decree  rendered  in  the  said 
court,  and  to  charge  ami  receive  ten  cents  for  each  judgment  indexed 
as  aforesaid,  said  fee  to  be  taxed  in  the  bill  of  costs  of  each  case  in 
which  judgment  is  entered,  to  be  collected  as  other  fees  are  now  col- 
lected.—18(54,  ch.  385. 

Cleric  of  Covrt  of  Common  Pleas — Bond  $50,000. 

Sec.  212.  The  Clerk  of  the  Court  of  Common  Pleas,  shall  give  bond 
to  the  State  of  Maryland,  in  the  sum  of  lifty  thousand  dollars,  con- 
ditioned for  the  faithful  performance  of  the  duties  now  required,  or 
which  may  hereafter  be  required  of  him  by  law,  with  sufficient  securi- 
ties— the  sufficiency  of  which  securities  shall  be  certified  by  the  judge 
of  said  court,  and  approved  by  the  Comptroller  as  herein  directed. — 
1856,  ch.  286. 

Sections  Applicahle  to  Clerh  of  Court  of  Common  Pleas. 

Sec  213.  The  provisions  contained  in  the  Sections  above,  from 
Section  47  to  Section  51,  both  inclusive,  relating  to  the  bonds  to  be 
given  by  the  Clerk  of  the  Superior  Court  of  Baltiinore  City,  and  the 
penalties  and  forfeitures  for  not  giving  the  same,  shall  be  applicable 
to  the  bonds  to  be  given  by  the  Clerk  of  the  Court  of  Common  Pleas, 
in  the  same  manner  as  if  they  were  herein  repeated. 

Clerh  of   Criminal    Court — Bond  $14,000. 

Sec.  214.  The  Clerk  of  the  Criminal  Court  of  Baltimore  shall  give 
bond  to  the  State  of  Maryland  in  the  penalty  of  Iburteen  thousand 
dollars,  with  sufficient  securities  to  be  approved  by  the  judge  of  said 
court,  and  conditioned  for  the  faithful  performance  of  all  the  duties 
now  required,  or  which  may  hereafter  be  required  of  him  by  law,  and 
to  be  recorded  in  the  office  of  said  clerk. 

Beneical  of  Bond. 

Sec.  215.  The  said  clerk  shall  renew  said  bond  at  the  same  time, 
and  luider  the  same  penalty,  as  are  prescribed  lor  the  clerks  of  the 
Circuit  Courts. 

CUrh  of  Circuit  Court— Bond  $20,000. 

Sec  216.  There  shall  be  a  Clerk  of  the  Circuit  Court  for  Baltimore 
City,  who  shall,  in  his  election,  tenure  of  office,  liabilities,  powers, 
duties  and  compensation,  in  all  respects,  stand  on  the  same  footing 
with  the  Clerk  of  the  Superior  Court  of  Baltimore  City;  provided, 
that  his  powers,  duties  and  compensation  shall  be  limited  to  cases  in 
which  the  Circuit  Court  has  jurisdiction  :  and  he  shall  enter  into 
bond  to  the  State  in  the  penalty  of  twenty  thousand  dollars,  condi- 
tioned for  the  faithful  discharge  of  his  duties,  with  security  to  be 
approved  by  the  judge  of  said  court. 


430  LOCAL   LAWS   OF  BALTIMORE   CITY   COtTRTS. 

Salaries  of  Clerics — Duties  of  Comptroller. 
Sec.  217.  Whenever  the  fees  or  other  compensation  of  any  of  the 
clerks  of  the  courts  of  Baltimore  city  shall,  after  the  payment  of  all 
necessary  expenses,  fill  to  pay  such  officer  the  salary  provided  for  by 
the  Constitution,  and  said  clerks,  or  any  of  them,  shall,  under  Section 
1,  Article  15,  of  the  Constitution,  have  paid  to  the  State  any  sum  or 
sums  of  money  as  excess,  after  retaining  his  salary,  such  excess  is 
hereby  appropriated  to  the  payment  of  the  salary  or  salaries  so  in 
arrear  until  each  of  said  clerks  shall  have  received  the  full  amount 
thereof;  and  it  shall  be  the  duty  of  the  Comptroller  of  the  State  to 
draw  a  warrant  upon  the  State  Treasurer  for  the  payment  of  said 
arrears  out  of  the  said  excess,  not  to  exceed  the  amount  so  in  arrear, 
and  not  to  exceed  the  whole  amount  of  said  excess  paid  into  the 
Treasury  of  the  State.— 18G8,  ch.  54. 


COT^RT     OFFICES. 
Pay  of  Criers  and  Bailiffs. 

Sec.  218.  The  Clerks  of  the  Circuit  Court,  the  Criminal  Court,  the 
Court  of  Common  Pleas,  the  City  Court  and  the  Superior  Court  of 
Baltimore  City,  shall  severally,  at  the  end  of  every  month,  certify  to 
the  Mayor  and  Register  of  the'city  the  amount  due  the  several  bailiffs 
and  criers  of  their  respective  courts,  and  the  Mayor  and  Register  shall 
pay  them  accordingly. 

Their  Salaries  $1500  Per  Yea/r. 

Sec.  219.  The  Register  of  the  city  of  Baltimore  shall  pay  to  the 
crier  of  the  Superior  Court  of  Baltimore  City,  and  the  crier  of  the 
Court  of  Common  Pleas  for  Baltimore  City,  the  sum  of  fifteen  hun- 
dred dollars  per  annum,  in  monthly  instalments  of  one  hundred  and 
twenty-five  dollars  at  the  end  of  each  and  every  month,  as  and  for 
their  respective  salaries,  on  the  certificate  of  the  clerks  of  said  courts, 
that  said  criers  have  performed  their  several  duties  as  criers  of  said 
courts  for  the  time  so  certified  by  said  clerks. 

SaUrij  of  Bailiffs  $1500. 

Sec  220.  The  Register  of  the  city  of  Baltimore  shall  pay  to  the 
l.ailifl'  respectively  of  the  Superior  Court  of  Baltimore  City,  of  the 
Court  of  Common  Pleas  of  Baltimore  City,  of  the  Baltimore  City 
Court,  of  the  Circuit  Court  of  Baltimore  City,  and  of  the  Criminal 
C^ourt  of  Baltimore  City,  the  sum  of  fifteen  hundred  dollars  per  an- 
num, as  and  for  their  respective  salaries,  at  the  same  time  and  in  the 
same  manner  as  is  now  by  law  provided  for  the  payment  of  the  sal- 
aries of  the  crier  of  the  Superior  Court,  and  the  crier  of  the  Court  of 
Common  Pleas  of  Baltimore  City. 

Stenograpliers. 

[The  Act  of  1867,  ch.  373,  provides  for  the  employment  of  Stenog- 
raphers in  the  Superior  Court,  Court  of  Common  Pleas  and  Orphans' 
Court,  and  fixes  their  compensation.] 


LOCAL   LAWS   OP   BALTIMORE   CITY   COURTS.  431 

SHERIFF. 

Sheriff'' s  Pay  when  Attending  Court. 
Sec.  222.  The  Slieriil"  of  Bultiniore  city  shall  be  allowed  two  dollars 
a  day  for  every  day  he  shall  attend,  either  in  person  or  by  deputy,  in 
the  Superior  Court  of  Baltimore  City,  in  the  Court  of  Common  Pleas, 
and  in  the  Baltimore  City  Court,  and  in  the  Criminal  Court  of  Balti- 
more, to  be  paid  to  him  as  the  other  exi^enses  in  said  courts  are  now 
paid.— 1864,  ch.  236. 

Execution  for  Fees. 

Sec.  228.  Any  ofiicer  may  send  out  his  fees  on  execution  at  any 
time  during  the  year. 

What  Officers'  Fees  Sheriff  to  Collect. 

Sec.  224.  The  Sheriff  shall  collect  the  fees  due  to  the  following  offi- 
cers, which  may  be  placed  in  his  hands  for  collection,  namely  :  at- 
torneys, clerks  of  all  the  courts,  commissioner  of  the  land  office,  coro- 
ners, criers,  registers  of  wills,  surveyors  and  sheriffs. 

When  Sheriff  may  Distrain^  <&c.,  for  Fees — Proviso. 
Sec.  225.  The  Sheriff  may  distrain  or  execute  the  goods  and  chat- 
tels of  any  person  against  whom  any  fees  are  placed  in  his  hands  for 
collection ;  provided,  he  has  sixty  days  previously  delivered  to  such 
person,  or  left  at  his  place  of  abode  an  account  of  such  fees. 


WITNESSES. 

Pay  of  Witnesses  Fifty  Cents  per  Day. 

Sec.  226.  Witnesses  attending  any  of  the  Courts  of  Baltimore  city,, 
shall  be  entitled  to  tifty  cents  a  day. 

Number  of  Justices  of  the  Peace  and  Constables. 
Sec.  227.  The  Governor  of  the  State,  by  and  with  the  advice  and 
consent  of  the  Senate,  shall,  at  the  time  designated  by  law,  appoint 
two  Justices  of  the  Peace  for  each  of  the  several  wards  of  Baltimore 
city,  and  in  addition  thereto,  four  Justices  of  the  Peace  for  the  city  of 
Baltimore  at  large,  and  the  Mayor  and  City  Council  of  Baltimore  are 
hereby  authorized  and  empowered  to  appoint  two  Constables  for  each 
of  the  several  wards  of  Baltimore  city,  and  in  addition  thereto,  four 
Constables  at  large  for  the  said  city,  who  shall  hold  their  offices  for 
two  years  fi-om  the  date  of  their  ai)pointment,  and  until  their  succes- 
sors in  office  are  duly  appointed  and  qualified,  and  the  said  Mayor 
and  City  Council  of  Baltimore  be,  and  they  are  hereby,  authorized  to 
make  the  appointment  directed  by  this  Act  on  the  fourth  Monday  in 
March,  eighteen  hundred  and  seventy,  and  on  the  said  fourth  Monday 
in  March  of  every  second  year  thereafter. — 1870,  ch.  45. 

To  Keep  his  Pla,ce  of  Business  in  his  Ward. 
Sec.  228.  Every  Justice  of  the  Peace  for  said  city  shall  keep  his 
office  or  place  for  the  transaction  of  business  within  the  ward  in  which 
he  may  have  been  elected. 

Offce  Hours. 

Sec.  229.  The  Justices  of  the  Peace  for  said  city,  shall  keep  their 
places  of  official  business  open  each  and  every  day,  (Sunday  excepted,) 
Irom  the  hour  of  eight  o'clock  in  the  forenoon  until  one  o'clock  in  the 

28 


432  LOCAL   LAWS   OP   BALTIMORE    CITY   COUllTS. 

afternoon,  and  from  three  o'clock  in  the  afternoon  until  six  o'clock  in 
tlie  afternoon  ;  but  nothing  herein  contained  shall  be  construed  to  ex- 
empt them  from  the  duty  of  attending  at  all  times  to  the  criminal 
business  of  the  State. 

Not  to  Issue  Writ  hit  on  Application  of  Plainfiff  or  Attorney. 
Sec.  230.  No  Justice  of  the  Peace,  in  any  case  of  debt  or  damages 
whatever,  shall  issue  a  summons  or  execution,  except  on  application 
for  the  same  by  the  plaintiff  or  his  attorney^in  person,  or  by  writing, 
accompanied  with  the  cause  or  causes  of  action  in  said  case;  and  if 
any  Justice  of  the  Peace  for  said  city  shall  issue  a  summons  or  execu- 
tion contrary  hereto,  or  if  any  constable  shall  serve  the  same  know- 
ingly, such  Justice  or  constable  shall  be  liable  to  indictment  in  the 
Criminal  Court  of  Baltimore,  and  shall,  on  conviction,  be  disqualified 
from  hofding  his  office. 

Before  whom  Summons  may  he  made  Returnable  and  Case  Tried. 
Sec.  232.  Every  summons  issued  by  said  Justices  shall  be  made  re- 
turnable before  the  same,  or  any  Justice  of  the  Peace  of  the  ward  in 
which  the  debtor  may  reside,  and  the  defendant  shall  have  his  elec- 
tion to  have  his  cause  tried  before  the  Justice  who  issued  the  sum- 
mons, or  before  the  Justice  of  the  ward  in  which  he  resides. — 1868, 
ch.  375. 

May  Receive  Pay  when  Called  from  Office. 

Sec.  233.  The  Justices  of  said  city,  when  called  out  of  their  offices 
on  business  not  judicial  and  not  relating  to  criminal  procedure,  may 
receive  such  compensation  for  their  services,  in  addition  to  their  fees 
of  office,  as  the  party  requiring  their  services  may  allow  them. 

To  File  List  of  Fines  Imposed  with  Cleric  of  Court  of  Common  Pleas. 

Sec  234.  They  shall  file  with  the  Clerk  of  the  Court  of  Common 
Pleas,  within  thirty  days  after  the  first  Monday  of  Septeml^er  and  on 
the  first  day  of  April  in  each  year,  under  their  respective  oaths,  a  list 
and  account  of  all  fines,  forfeitures  and  penalties  imposed  by  them 
severally  under  the  laws  of  this  State  within  the  twelve  months  then 
next  preceding,  distinctly  showing  what  amount  of  said  tines  have 
been  paid  in  each  case ;  and  shall  at  the  time  of  filing  such  lists  and 
accounts,  severally  pay  over  to  the  said  clerk  all  such  fines,  penalties 
and  forfeitures,  or  parts  thereof,  to  which  the  State  ol  Maryland  is  en- 
titled ;  and  the  said  clerk  shall  account  ibr  the  same  as  for  other  pub- 
lic money  received  by  him. 

If  No  Fines,  to  File  Affidavit  of  Fact. 

Sec  235.  If  any  Justice  shall  not  have  imposed  or  received  any 
such  fines,  penalties  or  forfeitures  within  such  twelve  months,  he  shall, 
at  the  times  directed  by  the  preceding  section,  file  with  said  clerk  an 
affidavit  to  that  effect. 

Penalty  for  Neglecting  Return. 
Sec.  236.  If  any  Justice  of  the  Peace  for  said  city  shall  neglect  or 
refuse  to  comply  with  the  directions  and  provisions  of  the  last  two 
preceding  sections,  or  shall  file  with  said  clerk  any  talse  or  incomplete 
list  and  account  or  affidavit  of  and  concerning  such  fines,  forfeitures 
and  penalties,  he  shall  be  liable  to  indictment,  and  on  conviction  shall 
be  subject  to  a  fine  not  exceeding  five  hundred  dollars. 


COURT   IIOCSE   OFFICERS.  433 

Dtdy  as  to  Informations  for  Violating  Ordinances. 

Sec.  237.  They  shall,  under  the  penalty  of  one  hundred  dollars, 
make  report  quarterly,  on  the  first  day  of  January.  April,  July  and 
October  in  each  year,  to  the  Ro<,nster  of  the  city,  of  the  number  of  in- 
formations laid  before  then\  for  the  violations  of  the  city  ordinances, 
the  names  of  informers,  persons  informed  against,  the  number  of  judg- 
ments rendered  in  favor  of  the  corporation,  for  vt'hat  amounts,  and 
whether  such'  judgments  have  been  appealed  from,  superseded  or 
satisfied. 

Supersedeas. 

Sec.  238.  It  shall  not  be  lawful  for  the  Justices  of  the  Peace  of  the 
city  of  Baltimore  to  take  supersfdeas  of  any  judgment  recovered  in  the 
Court  of  Common  Pleas,  the  Superior  Court  of  Baltimore  City,  or 
Baltimore  City  Court,  but  such  supersedeas  shall  be  taken  by  the 
clerks  of  said  courts  respectively. 


THE     COURT    HOUSE     OFFICERS. 

The  following  officers  are  appointed  under  the  City  Ordinances: 
Sitperintendent  and   Watchman  Appointed. 

Sec.  1.  There  shall  be  annually  appointed  as  other  city  officers  are 
appointed,  a  Superintendent  and  one  al)le-bodied  Watchman,  to  take 
charge  of  the  court-house  and  record  office,  and  surrounding  grounds. 

Duty  of  Superintendent. 

Sec.  2.  The  said  Superintendent  shall  be  a  man  of  temperate  habits, 
strict  integrity,  and  general  good  character,  and  also  capable  of  kee})- 
ing  accounts,  and  he  shall  have  entire  charge  of  said  property,  secur- 
ing the  same  from  depredation,  causing  it  to  be  kept  in  good  repair, 
and  cleanly  condition,  and  furnishing  the  necessary  fuel  and  attend- 
ing to  the  heating  and  lighting  of  the  several  departments  included 
within  said  buildings  and  grounds,  except  the  room  occupied  1)y  the 
Orj)hans'  Court  for  Baltimore  city,  which  room  shall  be  under  the 
exclusive  supervision  and  control  of  the  Register  of  Wills  for  Balti- 
more city,  as  hereinafter  provided.  And  the  said  Superintendent 
shall  annually,  during  tlic  tirst  week  in  January,  make  to  the  city 
Register  an  estimate  in  fietail  of  the  expenses  to  be  incurred  for  the 
current  year  for  the  said  kec2)ing,  including  therein  the  cost  of  fuel, 
of  repairs,  of  necessary  Hxtures,  of  furniture,  of  laborei's,  and  of  all 
other  ijroper  incidental  requisitions,  taking  into  consideration  only 
those  expenses  riglitly  chargeable  to  the  city  treasury  as  distinct 
from  those  to  be  provided  for  by  the  departments  themselves ;  and  in 
no  case  shall  said  Superintendent  incur  other  expenses  than  those  so 
estimated  for  and  appropriated  by  the  Mayor  and  City  Council,  and 
the  said  Register  in  no  case  shall  exceed  such  appropriations,  always 
excepting  that  upon  an  emergency  occurring  not  to  be  foreseen  in  said 
annual  estimate,  the  Mayor,  <luring  the  intermission  of  the  session  of 
the  Council,  may  order  tjie  necessary  expenditure,  and  the  Register  is 
hereby  authorized  to  pay  the  same  out  of  any  money  not  otherwise 
appropriated ;  provided,  the  same  shall  not  exceed  the  sum  of  two 
hundred  dollars,  and  the  vouchers  for  all  such  expenditures  be  filed 
with  the  Register. 


434  COURT-HOUSE    OFFICERS. 

Duty  of  Watchman. 
Sec.  3.  The  Watchman  appointed  under  this  ordinance  shall  be  a 
man  of  like  good  character  lor  integrity  and  sobriety,  and  shall  be 
required  to  take  charge  of  said  buildings,  grounds  and  ajDartments 
during  the  night,  under  such  arrangements  and  instructions  as  to  the 
time  of  commencing  and  continuing  the  watch  hours,  as  well  as  the 
performance  of  all  other  duties  connected  therewith,  as  shall  be  made 
by  the  Mayor;  it  being  hereby  also  provided,  that  at  no  time  shall 
the  said  buildings,  grounds  and  apartments  be  from  under  the  charge 
and  personal  attendance  of  either  said  Superintendent  or  "Watchman, 
and  likewise  that  said  Watchman  shall  be  subject  to  the  supervision 
of  the  captain  of  the  police  for  the  district,  who  shall  report  any  de- 
linquency of  duty  to  the  Mayor. 

Superintendent  and   Watchman  to  give  Bond. 

Sec.  4.  The  said  Superintendent  and  Watchman  shall  each  enter  into 
bonds,  with  sufficient  security  to  be  approved  by  the  Mayor,  for  the 
faithful  performance  of  their  duty ;  and  for  neglect  of  the  same,  the 
said  Superintendent  or  Watchman  may  be  removed  by  the  Mayor. 

Salary  of  Superintendent  and  Watchman. 
Sec.  5.  The  salary  of  said  Superintendent  shall  be  nine  hundred 
dollars  per  annum,  payable  monthly,  and  the  salary  of  the  said  Watch- 
man shall  be  two  dollars  and  fifty  cents  per  day,  payable  monthly ; 
provided,  always,  that  in  case  of  absence  from  duty,  from  any  cause, 
of  the  Superintendent  or  Watchman,  a  substitute  shall  be  appointed 
for  the  time — if  the  Watchman  be  absent  a  substitute  shall  be  ap- 
pointed by  the  Superintendent;  if  the  Superintendent  be  absent  a 
substitute  shall  be  appointed  by  the  Mayor  or  Register;  the  pay  of 
such  substitute  to  be  the  same  as  the  officers  they  represent;  said  pay 
to  be  deducted  from  the  pay  of  the  Watchman  or  Superintendent,  as 
the  case  may  be. 

iVi?  Expense  to  he  Incurred  Unless  Provided  for  ty  this  Ordinance. 
Sec.  6.  It  is  hereby  distinctly  declared  and  provided,  that  no  debt 
or  contract  for  debt  for  expenses  incurred  for  the  keeping,  repairing, 
furnishing  or  in  any  manner  providing  for  the  said  buildings,  apart- 
ments, grounds  or  appurtenances  thereto  belonging,  otherwise  than  is 
enacted  and  provided  for  by  this  ordinance,  shall  be  acknowledged 
as  binding  on  the  Mayor  and  City  Council  or  be  paid  by  the  Register, 
except  by  special  enactment. 

Janitor  of  Orphans''  Court — Hoio  Appointed — His  Duties — Salary. 

Sec.  7.  The  Register  of  Wills  for  Baltimore  city  is  hereby  author- 
ized and  empowered  to  employ  a  suitable  person  to  attend  to  the 
heating  and  lighting  of  the  rooms  occupied  by  the  Orphans'  Court 
for  said  city,  and  to  the  keeping  of  the  same  in  good  repair  and 
cleanly  condition,  at  a  salary  of  seven  hundred  dollars  jjer  annum, 
payable  monthly  by  the  city  Register,  out  of  the  amount  estimated 
by  the  Superintendent  ibr  the  current  year,  as  provided  in  Section  2 
of  this  ordinance,  upon  the  order  from  said  Register  of  Wills  for  said 
compensation. 

Janitor  of  Old  Masonic  Hall  Covrt-Hoixse — Salary. 
Sec.  8.  There  shall  be   annually  appointed,  as  other  city   officers 
are,  a  Janitor,  whose  duty  it  shall   be  to  keep  in  order,  clean  and 


CITY   COUNSELLOR   AND   SOLICITOR.  435 

arrange  the  various  offices  in  the  building  known  as  the  Old  Masonic 
Hall  on  St.  Paul  street,  now  used  for  the  purposes  of  the  Supreme 
Bencli,  the  Baltimore  City  Court,  and  the  Circuit  Court  of  Baltimore 
city,  the  salary  oi"  said  Janitor  shall  be  at  the  rate  of  nine  hundred 
dollars  per  annum,  payable  monthly. 

Watchman  of  Same — Salary. 

Sec.  9.  There  shall  be  annually  appointed  by  the  Mayor,  as  other 
city  officers  are  appointed,  a  person  to  be  styled  the  Watchman  of 
the  court-house,  at  the  corner  of  St.  Paul  street  and  Court-house  lane, 
whose  duty  it  shall  be  take  charge  of  and  watch  said  court-iiouse 
between  the  hours  of  G  o'clock,  P.  M.  and  7  o'clock,  A.  M.,  and  who 
shall  remain  in  or  about  said  court-house  continuously  between  said 
hours.  He  shall  receive  as  compensation  for  his  services  the  sum  of 
nine  hundred  dollars  per  annum,  payable  monthly. 


CITY    COUNSELLLOR    AND    SOLICITOR. 

The  City  Ordinance  No.  71,  of  1864,  &c.,  provides  as  follows: 

Appointment  of  City  Counsellm'  and  City  Solicitor. 

Sec.  1.  The  Mayor,  by  and  with  the  advice  and  consent  of  the 
convention  of  the  two  branches  of  the  City  Council,  shall,  annually  in 
the  month  of  February,  aj^point  a  member  of  the  Baltimore  bar  to  be 
the  City  Counsellor,  and  another  member  of  the  same  bar,  to  be  the 
City  Solicitor.— Ord.  71,  1864. 

Duties  of  City  Counsellor. 

Sec.  2.  It  shall  be  the  duty  of  the  Counsellor  to  argue  all  cases  in 
the  Supreme  Court  of  the  United  States,  or  the  Court  of  Appeals  of 
the  State  of  Maryland,  in  which  the  Mayor  and  City  Council  of  Bal- 
timore may  be  a  party,  and  to  try  all  such  cases  in  any  court  of  the 
United  States  which  may  sit  within  the  State  of  Maryland,  or  in  the 
Superior  Court  of  Baltimore  City,  and  to  try  all  cases  in  any  other 
courts  which  the  Mayor  may  specially  require  him  to  try ;  it  shall 
also  be  his  duty  to  advise  with  the  Solicitor  as  to  the  framing  of  all 
bills  and  answers  in  equity,  all  pleadings  at  common  law,  and  all  ex- 
ceptions or  other  documents  connected  with  proceedings  in  the 
courts,  whenever  the  Solicitor  may  request  him  so  to  do ;  it  shall  also 
be  his  duty  to  give  advice  and  opinions  in  writing,  upon  any  legal 
questicm  aflecting  the  interests  of  the  city,  which  may  be  suijmitted 
to  him  by  the  Mayor,  either  branch  of  the  Council,  or  any  committee 
of  the  Council,  or  by  the  Solicitor. — Ibid. 

Duties  of  City  Solicitor. 

Sec  3.  The  Solicitor  shall  be  the  attorney  of  the  Mayor  and  City 
Council  of  Baltimore;  and  it  shall  be  the  duty  of  the  Solicitor  to 
try  all  cases  in  which  the  city  is  interested  in  any  of  the  courts  of  the 
city  of  Baltimore,  except  the  Superior  Court,  and  in  all  other  courts 
in  the  State  of  Maryland  except  those  mentioned  in  the  preceding 
section,  and  act  as  junior  counsel  to  the  Counsellor  in  any  court  in 
which  his  services  may  be  required ;  it  shall  also  be  his  duty  to 
give  advice  or  opinions  in  writing  upon  any  legal  question  aflecting 


436  CITY   COUNSELLOR   AND   SOLICITOR. 

the  interests  of  the  city,  which  may  be  submitted  to  him  by  thfi 
Mayor,  either  branch  of  the  City  Council,  or  any  committee  of  the 
City  Council,  or  any  officer  of  the  city:  it  sliall  also  be  his  duty  to 
report  annually  to  the  City  Council,  in  writing,  the  number  of  cases 
depending  at  the  time  of  the  report,  and  any  decisions  made  within 
the  year  upon  the  construction  of  any  ordinance. — Ibid. 

Solicitor  to  Examine  Title  to  Property,  &e. 
Sec.  4.  Whenever  the  corporation  of  the  city  shall  design  to  pur- 
chase any  real  property,  the  title  papers  shall  be  furnished  to  the  Soli- 
citor, and  no  contract  shall  be  made  or  money  paid  on  account  of  such 
purchase  except  under  the  advice  of  the  Solicitor,  as  to  the  title  of  the 
property  in  question,  and  the  legal  sufficiency  of  the  deeds  or  other 
instruments  intended  to  convey  the  same  to  the  city,  and  all  bonds  or 
other  written  instruments  involving  the  interests  of  the  city,  to  be 
executed  by  or  passed  to  the  Mayor  ^or  other  officer  of  the  corporation, 
shall,  before  they  are  executed  or  received,  as  the  case  may  be,  have 
endorsed  upon  them  the  opinion  of  the  Solicitor  as  to  their  legal  suf- 
ficiency ;  it  shall  also  be  the  duty  of  the  Solicitor  to  give  legal  advice, 
whenever  required,  to  the  members  of  the  City  Council,  on  subjects 
connected  with  their  official  duties,  and  to  prepare  all  ordinances, 
resolutions  and  memorials  required  of  him  by  any  committee  of  the 
City  Council. — Ibid. 

Aid  to  Solicitor  in  Examination  of  Titles,  &c. 
Sec.  5.  The  Mayor  is  hereby  authorized  and  empowered  to  employ 
some  competent  person  as  often  as  occasion  may  require,  and  when 
in  his  opinion  the  interests  of  the  city  will  thereby  be  promoted,  to 
aid  the  Solicitor  in  the  examination  of  the  titles  and  conveyances  of 
property  in  which  the  city  of  Baltimore  is  or  may  be  interested,  and 
in  the  examination  of  titles  in  cases  connected  with  the  proper  dis- 
charge of  the  duties  of  any  branch  of  the  city  government,  and  in 
preparing  cases  for  trial  in  which  the  city  of  Baltimore  is  or  may  be 
interested,  and  in  which  testimony  may  be  properly  taken  ;  the  per- 
son so  employed  to  act  under  the  direction  of  the  Solicitor,  and  to 
be  employed,  not  permanently,  but  only  to  the  extent  and  when  in 
the  opinion  of  the  solicitor  such  employment  is  proper  and  necessary  ; 
and  the  Mayor  is  further  authorized  to  employ  some  competent  per- 
son, whenever  he  shall  deem  it  necessary,  to  collect  and  put  in  a  book 
or  books,  in  some  simple  and  intelligible  form,  abstracts  of  convey- 
ances and  titles  of  city  property,  inclusive  of  wharf  property,  with  all 
proper  details,  plats,  descriptions  and  alphaliets  for  reference,  and 
showing  the  rents  and  incomes  of  the  parts  under  lease,  and  where 
unproductive,  estimating  the  probable  value  thereof  which  book  or 
books  when  completed  shall  be  deposited  tor  safe  keeping  and  use 
in  the  Register's  office,  and  all  additions  and  changes  shall  be  noted 
in  the  said  book  or  books  as  they  may  occur,  in  such  manner  as  may 
be  directed  by  the  Mayor. — Res.  140,  1861. 

Mayor  to  Provide  a  Stilstittite  in  Certain  Cases. 

Sec.  6.  If  either  of  the  said  law  offi.cers  shall  be  unable  or  unwilling 

to  try  any  case,  which,  under  the  provisions  of  this  ordinance,  he 

outrht  to  try,  he  shall  provide,  at  his  own  expense,  a  sulistitute,  who 

shall  be  approved  by  the  Mayor,  and  if  he  shall  tail  to  make  such  pro- 


CITY   COMPTROLLER. 


437 


vision  in  proper  time,  the  Mayor  shall  employ  a  proper  person  to 
supi)ly  his  place,  and  the  expense  shall  be  charged  to  liiiii,  and  de- 
ducted from  the  first  money  payable  to  him  thereafter. — Ord.  71,  1864. 

No  Extra  Counsel,  t&c. 

Sec.  7.  No  extra  counsel  shall  be  employed  on  the  part  of  the  city, 
in  any  case,  except  by  virtue  of  a  resolution  of  the  Mayor  and  City 
Council. — Ihid. 

Payment  to  Counsel. 

Sec.  8.  The  Register  is  hereby  directed  to  decline  paying  to  coun- 
sel any  money  for  the  defence  of  cases  in  the  Criminal  Court,  unless 
an  a])})ropriation  has  been  previously  made  for  such  payments. — Res. 
15,  1858. 

Salaries  of  Counsellor  and  Solicitor. 

Sec.  9.  The  salary  of  the  Counsellor,  shall  be  twenty-five  hundred 
dollars  per  annum,  and  tliat  of  the  Solicitor,  fifteen  hundred  dollars 
per  annum,  payable  monthly,  which  salaries  shall  be  in  I'lill  of  all  com- 
pensation for  their  services  and  of  all  expenses  incurred  by  them  in 
attending  the  courts,  either  in  or  out  of  the  city. — Ord.  71,  1864. 

Appeals — Proviso. 
Sec.  10.  The  approbation  of  the  Mayor  and  consent  of  the  Solici- 
tor, shall  be  obtained  before  any  appeal  shall  be  prosecuted  in  any 
case,  which  approbation  shall  be  in  writing,  and  filed  in  the  cause ; 
provided,  that  before  any  appeal  shall  be  taken  to  the  Supreme  Court 
of  the  United  States,  or  the  Court  of  Appeals  of  the  State  of  Maryland, 
the  approbation  of  the  Counsellor  shall  also  be  obtained. — Ibid. 

Row   Writs  to  ie  Endorsed. 

Sec.  11.  Whenever  the  name  of  the  Mayor  and  City  Council  of  Bal- 
timore, shall  be  used  in  the  institution  of  any  suit  or  other  proceed- 
ing, the  name  of  the  person  for  whose  use,  or  of  the  informer  at  v?hose 
instance  the  same  is  instituted,  shall  be  endorsed  upon  the  writ. — Ibid. 


THE    CITY    COMPTROLLER. 

Appointment  of  Comptroller — Salary  $2500 — Bond  $10,000. 

Sec.  1.  There  shall  be  appointed  biennially,  in  the  month  of  Janu- 
ary, in  the  manner  that  other  city  ofiicers  are  appointed,  a  qualified 
person  who  shall  be  a  good  accountant,  to  be  called  Comptroller  of 
the  City  of  Baltimore,  at  a  salary  of  twenty-five  hundred  dollars  per 
annum,  who  shall  hold  his  oflice  for  two  years,  and  until  his  successor 
shall  have  qualified  ;  his  term  of  office  shall  commence  on  the  first 
Monday  of  March  next  succeeding  his  appointment ;  he  shall  be  liable 
to  removal  from  office  in  the  same  manner  as  the  city  register ;  and 
before  entering  upon  his  duties,  he  shall  execute  to  the  Mayor  and 
City  Council  of  Baltimore,  a  good  and  sufficient  bond,  to  be  approved 
by  the  Mayor,  in  the  sum  often  thousand  dollars,  conditioned  for  the 
faithful  discharge  of  llis  duties,  and  shall  also  take  the  usual  oath  of 
office.— Ord.  21,  1871. 


438  CITY   COMPTROLLER. 

Duties  of  Comptroller  as  to  Accounts,  &e. 

Sec.  2.  It  shall  be  the  duty  of  said  Comptroller  to  examine,  audit, 
adjust  and  settle  all  accounts  whatsoever  in  which  the  corporation  is 
concerned,  either  as  debtor  or  creditor,  where  provision  for  the  settle- 
ment thereof  is  made  by  law,  and  the  settlement  of  which  is  not  espe- 
cially committed,  by  ordinance,  to  some  other  authority  ;  and  where 
no  such  provision  or  insutficient  ijrovision  has  been  made,  he  shall 
examine  such  accounts,  and  report  to  the  City  Council  through  the 
Mayor,  the  facts  relating  thereto,  with  his  opinion  thereon. 

To  Supervise  the  Fiscal  Concerns  of  the.  Corporation. 

Sec.  3.  The  said  Comptroller  shall  supervise  the  fiscal  concerns  of 
all  the  departments,  bureaus  and  officers  of  the  corporation,  which 
shall  receive  or  disburse  the  public  moneys,  or  which  are  charged 
with  the  management  or  custody  thereof  and  may  require  at  any  time 
from  these  departments,  bureaus  or  officers,  an  account,  in  writing, 
of  any  moneys  or  property  of  the  corporation  in  their  hands,  or  under 
their  control ;  he  shall  also,  annually,  charge  the  city  collector  with 
the  amount  of  the  annual  levy,  and  credit  him  with  the  amount  re- 
ceived as  having  been  collected  on  such  levy. 

To  Examiine  Contracts,  Issue  Licenses,  &c. 

Sec.  4.  Said  Comptroller  shall  examine  all  contracts  made  by  the 
city  officers,  all  requisitions  upon  the  city  treasury,  and  accounts  of 
every  nature  against  the  city,  issue  all  licenses,  number  of  carriages, 
wagons  and  other  vehicles,  he  accounting  with  the  Register  for  the 
same,  and  paying  over  to  him  the  fees  received  for  the  same ;  he  shall 
open  accounts  for  appropriations  with  all  the  departments  of  tlie  city 
government,  and  report  immediately  to  the  Mayor,  when  any  depart- 
ment shall  overdraw  or  exceed  its  appropriations  ;  he  shall  keep  the 
titles  to  all  property  owned  by  the  city,  and  see  that  the  said  property 
is  maintained  in  good  condition  and  regularly  insured  ;  he  shall  cer- 
tify to  the  correctness  of  all  claims,  of  whatsoever  descrijTtion,  upon 
which  money  is  due,  and  no  check  shall  issue  but  upon  his  endorse- 
ment of  its  correctness,  which  shall  be  authority  to  the  register  to  is- 
sue his  check,  to  be  countersigned  by  the  Mayor ;  he  shall  report 
within  thfirty  days  after  the  meeting  of  the  Council,  in  annual  session, 
all  contracts  made  by  the  corporation,  as  directed  or  authorized  by  the 
Council,  and  not  performed  or  completed,  or  upon  which  any  money 
remains  unpaid,  with  the  amount  of  money  remaining  unpaid  on  each, 
he  shall  report  forthwith  to  the  Council,  through  the  Mayor,  every 
case  in  which  an  appropriation  is  exhausted,  while  its  object  is  not 
completed,  and  accompany  such  report  with  a  statement  of  moneys 
which  have  been  drawn  on  such  aj^propriations,  the  particular  pur- 
poses for  which  they  were  drawn,  and  the  cause  of  the  deficiency, 
and  an  estimate  of  the  amount  that  will  be  necessary  to  comj)!ete  the 
object  of  the  appropriation  ;  he  shall  examine  into  and  certify  the 
sufficiency  of  all  bonds  required  to  be  taken  by  the  Mayor ;  he  shall 
examine  and  certify  to  the  correctness  of  all  pay-rolls  and  salaries  of 
all  officers  of  every  grade,  affidavits  being  made  in  all  cases  where  re- 
quired, before  the  justice  of  tlie  peace  appointed  by  the  city,  within 
the  district  where  said  parties  reside,  or  may  be  stationed  for  the 
time  being,  before  said  pay-rolls  are  submitted  for  settlement. 


CITY   COMl'TUOLLER.  439 

Relating  to  Puhlic  Improvements. 

Sicc.  5.  The  Comptroller  and  He'^istcT  shall  not  accept,  pass,  settle 
or  pay  any  bill  or  order,  in  their  departments,  for  pul)lic  improve- 
niCnts,  unless  due  provision  lias  been  made  lor  the  payment  of  the 
same  by  an  act  of  legislation  making  an  appro2Jriation  for  such 
purpose. 

To  Represent  the  City  when  Property  Insured  is  Destroyed. 
Sec.  6.  The  Comptroller  is  authorized  to  represent  the  city  in  all 
cases  where  damage  has  or  may  occur  from  fire  to  any  property  of  the 
corporation,  which  may  have  been  insured,  and  any  moneys  that  may 
be  awarded  to  the  city  by  reason  ol  loss  from  tire,  shall  be  paid  into 
the  city  treasury,  and  the  city  commissioner  is  hereby  authorized  to 
expend  the  same  in  repairing  such  pro))crty  as  may  have  been  injured 
by  tire,  should  he,  in  conjunction  with  the  !Mayor,  deem  it  expedient 
to  make  such  rej^air,  and  if  not  deemed  expedient,  the  money  received 
for  such  damage  by  fire,  shall  be  paid  by  him  into  the  city  treasury, 
and  he  shall  draw  on  the  Register,  with  the  aj^probation  of  the  Mayor, 
for  the  amount  of  such  rejjairs. 

Comptroller  the  Keeper  of  Jiile  Deeds,  &c. 
Sec.  7.  The  Comptroller  shall  keep  a  well  bound  record  book,  and 
have  therein  recorded,  all  deeds  and  leases  made  to  the  city,  or  suffi- 
cient extracts  from  such  deeds  and  leases  as  will  fully  ex])lain  the 
same;  and  also  all  contracts  and  agreements  made  in  relation  to  the 
property  of  the  city  ;  the  records  in  said  record  book  to  be  written  on 
every  other  page,  so  that  the  page  opjxtsite  the  record  may  be  left  blank 
for  any  remarks  that  may  be  necessary  to  be  made  in  regard  to  the 
disposition  of  said  property.  The  said  record  book  shall  also  have 
an  alphabetical  index  made  for  more  easy  reference  to  said  deeds, 
leases, -contracts  and  agreements. 

Comptroller  to  Bid  at  Public  Sale  for  Property  Sold  for  Taxes. 

Sec.  8.  The  Comptroller  is  hereby  authorized  and  directed,  when  in 
his  opinion  the  interest  of  tlie  city  requires  it,  to  bid  for  account  of 
the  Mayor  and  City  Council  of  Baltimore,  on  any  real  or  leasehold 
property  offered  at  public  sale  by  the  collector  to  ])ay  taxes  in  arrears 
due  the  city  of  Baltimore  and  State  of  Maryland,  to  such  amount  as 
he  may  deem  necessary  to  })ay  said  taxes,  together  with  interest  and 
expenses  due  and  chargeable  thereon,  and  no  more ;  any  property 
that  may  be  so  purchased  shall  be  lield  subject  to  redemjjtion  at  any 
time  within  one  year  and  a  dav  from  the  day  of  sale,  by  the  owner 
thereof  or  other  parties  in  interest,  as  i)rovided  lor  by  the  laws  of  the 
State  and  ordinances  of  the  city. 

To  Sell  for  Cash  Property  Purchased. 
Sec.  9.  The  Comptroller  is  hereby  authorized  and  directed  to  sell 
for  cash,  any  property  that  may  be  purchased  by  him  as  aforesaid,  and 
not  redeemed  within  the  time  limited  by  law  and  ordinance,  in  such 
way  as  he  may  think  best,  and  as  soon  as  practicable,  deliver  to  the 
purchaser  or  purchasers  a  deed  for  the  city's  interest  in  the  same  ; 
provided,  however,  that  said  property  shall  be  sold  for  a  sum  not  less 
than  tlie  amount  of  taxes,  together  with  all  costs,  charges  and  interest 
due  and  chargeable  thereon. 


440  CITY   COMPTROLLER. 

Payments  to  Collector  and  Register. 

Sec.  10.  The  Comptroller  is  hereby  directed,  as  soon  as  he  has  re- 
ceived the  money  for  the  property  sold  by  him  as  aforesaid,  to  jDay 
over  to  the  Collector,  the  amount  of  taxes,  together  with  all  interest 
and  charges  due  and  chargea})le  on  said  property  on  the  books  of  the 
Collector ;  and  any  balance  that  may  be  left,  after  paying  the  costs 
and  expenses  incurred  by  the  Comptroller  in  the  purchase  and  sale  of 
said  property,  shall  be  by  him  paid  over  to  the  Register  of  the  city, 
and  jjass  into  the  city  treasury. 

Comptroller  to  take  Charge  of  Refuse  Material  and  Sell  the  same. 

Sec.  11.  It  shall  also  be  the  duty  of  the  Comptroller  to  take  charge 
of  and  keep  an  account  of  all  refuse  material  that  may  accumulate  in 
the  city  commissioner's,  port  warden's,  and  other  departments  of  the 
city,  the  articles  laid  aside  as  useless  at  the  said  departments,  to  be 
taken  charge  of  and  accounted  for  by  those  having  supervision  of  the 
same.  And  it  shall  alsj  be  tlie  duty  of  the  Comptroller  to  dispose  of 
at  private  or  public  sale,  to  the  best  advantage,  all  old  metal  and  re- 
fuse materials,  of  every  kind,  and  pay  the  proceeds  over  to  the  city 
register,  specilying  at  the  same  time  the  articles,  price,  and  to  whom 
sold. 

Refuse  Materials,  &c.  to  he  handed  over  to  Comptroller. 

Sec.  12.  The  city  commissioner  and  port  warden,  and  other  per- 
sons having  city  property  under  their  cliarge,  shall  set  aside,  on  or 
before  the  first  day  of  each  month,  such  old  metal  and  other  materials 
as  mentioned  in  the  preceding  section,  and  hand  the  same  over  to  the 
Com2)troller,  they  taking  and  keeping  an  account  thereof. 

To  Keep  Separate  Account. 
Sec.  13.  The  Comptroller  is  hereby  directed  to  open  a  separate  ac- 
count for  the  department  of  refuse  material. 

Comptroller's  Clerics  and  Salaries,  &c. 

Sec.  14.  The  Com])troller  shall  have  authority  to  appoint  a  chief 
clerk,  who  shall  receive  an  annual  salary  of  fourteen  hundred  dollars, 
and  an  assistant  clerk,  at  a  salary  of  eleven  hundred  dollars,  w'ho  shall 
perform  such  duties  as  may  be  required  of  him  by  the  Comptroller. 
The  Comptroller  is  authorized  to  obtain  such  extra  assistance  in  his 
office  as  may  be  required  ;  provided,  the  whole  expense  shall  not  ex- 
ceed the  sum  of  six  hundred  dollars. — Ord.  31,  1871. 

The  Comptroller  has  also  various  duties  to  perform  in  connection 
with  the  other  city  ordinances. 


CITY   liEGISTEB.  441 


THE    CITY    REGISTER. 

Tlie  Ordinances  of  the  city  prescribe  the  duties  of  the  City  Register 
as  follows : 

Rerjister  to  he  Appointed — Bond  $50,000. 

Sec.  1.  There  shall  be  biennially  appointed,  in  the  month  of  Janu- 
ary, by  a  convention  of  both  branches  of  the  City  Council,  a  person 
of  integrity  to  serve  as  Register  of  the  city,  who  shall  perform  the 
duties  required  of  him  either  by  this  or  any  other  ordinance,  and 
who  shall,  before  he  enters  upon  the  duties  of  his  office,  execute  a 
bond  to  the  corporation  with  such  securities  as  the  Mayor  and  Presi- 
dents of  the  respective  branches  of  the  Council  may  approve,  in  the 
penal  sum  of  fifty  thousand  dollars,  and  with  the  condition  that  he 
will  faithfully  discliarge  his  duties  and  the  trust  reposed  in  him, 
which  bond  shall  be  <loj)osited  by  the  Mayor  in  such  fire  proof  vault 
as  he  may  seiect  during  his  t^rm  of  otfice,  and  at  the  expii-ation 
thereof,  be  delivered  by  him  to  his  successor. 

Deputy  Register — His  Bond  and  Oath. 
Sec.  2.  The  Register  is  hereby  autliorized  and  directed  to  appoint 
a  deputy,  who  shall  make  all  collections  for  the  commissioners  of 
finance  for  rents  of  city  property,  and  who  shall  perform  all  such 
duties  of  the  office  as  the  Register  shall  from  time  to  time  prescribe 
and  direct,  for  whose  acts  the  Register  shall  be  held  responsible; 
the  Register  sliall  have  power  to  require  from  his  said  deputy  a  bond, 
with  condition  for  the  faithful  performance  of  his  duties,  with  such 
penalty  and  such  security  as  he  may  deem  proper,  and  before  he 
enters  upon  the  duties  of  his  office,  the  said  deputy  shaH  <ake  the 
oath  prescribed  to  officers  of  the  cor2:)oration. 

Wlien  Deputy  may  Officiate. 

Sec.  3.  In  the  event  of  the  necessary  absence  of  the  Register  from 
sickness  or  other  cause,  the  said  deputy,  with  the  written  assent  of 
the  Miiyor,  shall  have  full  power  and  authority  to  exercise  and  per- 
form all  the  duties  of  the  Register. 

Council  to  Fill  Vacancy  in  Office  of  Register. 
Sec.  4.  Whenever  a  vacancy  shall  occur  in  the  office  of  Register 
of  the  city,  it  shall  be  the  duty  of  the  convention  of  the  two  branches 
of  the  City  Council  to  fill  such  vacancy,  and  the  person  appointed  to 
fill  such  vacancy,  shall,  before  he  entei-s  upon  the  duties  ol'  his  otlice, 
execute  a  bond  agreeably  to  the  provisions  of  the  first  section  of  this 
ordinance,  and  it  shall  be  the  duty  of  the  Mayor  forthwith  to  sum- 
mon the  City  Council  for  the  purpose  of  filling  the  said  vacancy  in 
the  office  of  Register,  if  the  same  shall  occur  during  the  recess. 

Duties  of  the  Register — City  Seal — Fees. 

Sec.  5.  The  Register  shall  take  under  his  charge  and  keeping  the 
corjjorate  seal  of  the  city,  and  use  it  in  all  cases  which  now  are  or  may 
hereafter  be  required,  either  by  the  laws  of  the  United  States,  the 
several  States,  the  ordinances  of  this  corporation,  or  the  usage  and 
customs  of  nations,  whenever  applied  to  for  that  purpose ;  and  for 


442  CITY   REGISTER. 

each  and  every  seal  whicli  he  shall  affix  to  an  instrument  or  instru- 
ments of  writing,  he  shall  be  entitled  to  receive,  for  the  use  of  the  city, 
the  sum  of  two  dollars,  except  that  in  cases  where  the  Register's  certi- 
ficate, under  seal,  shall  be  required  to  be  used  as  evidence  in  the  claims 
ot  soldiers  and  seamen  in  the  United  States  service,  or  in  the  claims 
of  their  widows,  or  heirs  of  such  as  have  died,  or  may  hereafter  die  in 
the  service  ;  in  which  cases,  he  shall  furnish  such  certificate  without 
any  charge  whatever.  He  shall  further  be  authorized  to  charge  and 
receive  the  following  fees  :  for  authenticating  copies  of  records,  fifteen 
cents  for  each  and  every  sheet  containing  one  hundred  words,  and  so, 
pro  rata,  for  every  search,  and  for  every  certificate  to  a  copy,  twenty- 
five  cents,  for  the  use  aforesaid. 

Further  Duties  of  the  Register. 

Sec.  6.  The  Register  shall  take  under  his  charge  and  keeping  all 
the  records,  papers  and  proceedings  of  the  corporation,  except  those 
relating  to  titles  of  city  property  ;  all  the  ordinances,  resolutions,  votes 
and  proceedings  of  the  City  Council,  after  each  and  every  session ; 
and  shall  record  or  cause  to  be  recorded  in  a  book  or  books,  all  ap- 
pointments of  each  and  every  officer  of  this  corporation ;  and  shall 
likewise  take  under  his  charge,  all  money  now  belonging  to,  or  which 
may  hereafter  belong  to  this  corporation,  and  shall  immediately  de- 
posit the  same  in  the  National  Farmers  and  Planters  Bank  of  Balti- 
more, or  such  other  bank  as  the  Mayor  and  Presidents  of  the  two 
branches  may  think  proper,  in  the  name  of  the  Mayor  and  City  Coun- 
cil of  Baltimore ;  and  he  is  hereby  directed,  upon  endorsement  of 
their  correctness  by  the  Comptroller,  to  make   all  payments  with 
checks  on  said  bank,  countersigned  by  the  Mayor,  and  drawn  to  the 
order  of  some  person  or  persons  having  authorized  claims  against  the 
city,  and  for  the  exact  amount  thereof  which  he  shall  regularly  enter 
in  a  bank  book,  particularly  stating  the  date,  the  name  of  the  person 
or  persons,  and  the  amount ;  and  it  shall  be  his  duty  to  keep  regular 
and  correct  accounts,  in  a  book  or  books,  in  folio,  of  all  money  re- 
ceived and  expended  by  him  on  account  of  the  city,  particularly  stat- 
ing, under  proper  heads,  the  specific  objects  from  whence  received 
and  lor  what  expended  ;  and  shall  annually  lay  before  the  Council,  in 
the  first  week  of  the  annual  session,  his  account  of  all  moneys  received 
and  expended  by  him  during  the  past  year,  supported  by  proper 
vouchers;  also,  a  statement  of  the  estimated  receipts  and  payments 
required  for  the  current  year,  and  any  other  information  connected 
with  the  finances  of  the  city,  which  may  be  calculated  to  aid  the  Coun- 
cil in  their  deliljerations  upon  the  subject;  and,  when  required  by  the 
Mayor,  he  shall  exhibit  to  him  his  accounts  and  vouchers,  his  bank- 
book and  crossed  checks. 

When  Authorized  to  Obtain  Advances  from  Bank. 

Sec.  7.  In  anticipation  of  the  revenue  from  collections,  under  the 
levies  made  lor  that  purpose,  the  Register  is  hereby  authorized  to 
make  such  arrangements  with  the  bank  in  which  the  account  of  the 
city  is  or  may  be  kept,  for  the  advance  of  such  sum  or  sums  of  money 
as  may  be  requiretl,  frt)m  time  to  time,  to  enable  him  punctually  to 
meet  the  interest  on  the  city  stock  debt — the  bank  so  advancing  the 
money  to  apply  it  to  the  payment  of  such  interest. 


APPEAL   TAX   COUUT.  443 

Bitty  as  to  Claimx  Against  the  City. 
Skc.  8.  It  sliall  1)0  tlie  duty  oi  the  Rci^ister  to  ascertain  the  amounts 
of  all  claims  that  may  be  made  atfainst  the  corporation,  and  re])ort 
tlie  same  to  the  City  Council  in  the  second  week  of  its  annual  session. 

Office  Hours. 
Skc.  9.  The  Register  shall  keep  his  office  in  the  same  house  with 
the  Mayor,  and  shall  attend  there  every  day  (Sundays  excepted)  from 
nine  o'clock  in  the  morning  to  three  in  the  afternoon,  unless  prevented 
by  sickness  or  other  unavoidable  cause. 

Compensation  of  Clerics,  &e. 

Skc.  10.  The  Register  is  autliorized  to  employ  in  his  office  a  chief 
clerk,  whose  compensation  shall  be  fourteen  hundred  dollars  per  an- 
num, and  an  assistant  clerk,  whose  compensation  shall  be  twelve  hun- 
dred dollars  per  annum,  and  a  transfer  clerk,  at  twelve  hundred  dol- 
lars per  annum,  and  the  Register  is  further  authorized  to  obtain  such 
extra  assistance  in  his  office  as  may  be  required  ;  provided,  the  whole 
expense  shall  not  exceed  the  sum  of  six  hundred  dollars. 
Compensation  of  Register  and  Deputy — Fees. 

Sec.  11.  The  Register  shall  receive  for  his  services  the  compensa- 
tion of  three  thousand  dollars  per  annum,  and  the  Deputy  Register  and 
Cashier  eighteen  hundred  dollars  per  annum,  payable  monthly,  and 
all  lees  or  perquisites  of  or  appertaining  to  the  office,  or  allowable  to 
them  under  the  statutes  of  the  State  or  ordinances  of  the  corpora- 
tion of  Baltimore,  (except  the  payment  made  to  the  Register  by  the 
State  Treasurer,  under  the  authority  of  Section  103  of  Art.  81,  Public 
General  Laws,)  shall  be  paid  into  the  city  treasury. — Ord.  101, 1872 — 
121,  1872. 


THE    APPEAL    TAX    COURT. 

The  Appeal  Tax  Court  was  created  by  Article  81,  of  the  Public 
General  Laws,  «&c.,  as  follows  : 

Ajypointment  of  a  Board. 
Sec.  15.  The  Mayor  and  City  Council  of  Baltimore  shall,  annually, 
appoint  a  board,  to  consist  of  at  least  three  persons,  to  be  styled  the 
Ajipeal  Tax  Court,  who  shall  meet,  from  time  to  time,  for  the  purpose 
of  hearing  appeals  and  making  transfers,  and  correcting  the  accounts 
of  assessable  property  charged  to  tax  i^ayers. 

Vacancies —  Compensation. 
Sec.  16.  The  Mayor  and  City  Council  shall  fill  all  vacancies  in  said 
board  as  soon  as  practicable  after  any  may  happen  therein,  in  the 
manner  provided  for  in  cases  of  vacancies  of  other  city  officers;  and 
the  memliers  of  said  board  shall  receive  such  compensation  as  the 
Mayor  and  City  Council  shall  provide,  to  be  paid  by  the  city. 

Their  Oath. 
Sec.  17.  The  persons  appointed  to  compose  said  Appeal  Tax  Court 
shall,  before  they  enter  upon  the  performance  of  their  duties,  take  an 
oath,  before  a  justice  of  the  peace,  that  they  will  well  and  iaithfully 
perform  the  duties  required  by  law,  without  favor,  aflection  or  par- 
tiality. 


444  COLLECTOR   OP   STATE  TAXES. 

Register  to  Malce  Out  List  of  Holders  of  City  Stocks. 
Sec.  98.  The  Register  of  the  city  of  Baltimore  shall,  within  one 
month  after  the  first  day  of  April,  annually,  make  out  and  deliver  to 
the  Appeal  Tax  Court  for  the  city  of  Baltimore  a  full  and  accurate 
list  of  the  holders  of  the  stock  loans  of  said  city,  on  the  first  day  of 
April  in  the  year  for  which  said  list  is  made,  showing  the  several 
amounts  held  by  the  said  stockholders  respectively. 
Duty  of  Appeal  Tax  Court. 

Sec.  99.  The  said  Appeal  Tax  Court,  shall,  in  each  year,  carefully 
examine  the  said  list,  and  correct  the  same,  by  striking  therefrom  all 
the  holders  of  said  stock  who  may  be  exempt  from  taxation  on  said 
stock,  and  shall,  on  or  before  the  first  day  of  June,  annually,  deliver 
one  copy  of  the  said  list  as  corrected  by  them,  to  the  said  Register, 
and  one  copy  thereof  to  the  Comptroller,  setting  f  )rth  distinctly  in 
said  copies  the  assessed  value  of  the  stock  mentioned  therein. 

Compensation. 

Sec.  102.  Each  member  of  the  Appeal  Tax  Court  shall  receive  fifty 
dollars  annually,  for  the  service  required  in  Sections  100  and  101, 
and  the  Register  of  the  city  of  Baltimore  the  sum  of  three  hundred 
dollars  for  the  services  therein  required  of  him;  the  said  sums  to  be 
paid  by  the  Treasurer  on  the  warrant  of  the  Comptroller. 


THE     COLLECTOR    OP     STATE    TAXES. 

Appointment —  Coinpensation — Per  Centnge. 
Sec.  23.  The  Mayor  and  City  Council  shall,  on  the  first  Tuesday  in 
April  in  each  year,  or  as  soon  thereafter  as  may  be,  appoint  one  Col- 
lector lor  Baltimore  city,  for  the  collection  of  taxes  levied,  or  to  be 
levied  for  the  current  year;  and  it  shall  not  be  lawful  for  the  munici- 
pal authorities  of  said  city,  to  provide  any  fixed,  annual  or  other 
stated  compensation  for  the  collection  of  the  State  taxes,  or  a  salary 
of  any  kind,  to  the  said  Collector  for  his  services  in  collecting  the 
State  taxes,  otherwise  than  by  a  per  centum  on  the  amount  of  his 
collections,  as  contemplated  in  Section  28  hereof. — 1868,  ch.  366. 

Collector''s  Bond. 
Sec.  23.  Every  Collector  of  State  taxes   in  the  city  of  Baltimore, 
before  he  acts  as  such,  shall  give  a  bond  to  the  State  of  Maryland  in 
a  penalty  of  seventy-five  thousand   dollars,  to   be   approved  by  the 
Governor. — Ibid. 

Bond  to  he  Recm'ded. 
Sec.  24.  The  said  bond,  when  approved  by  the  Governor,  shall  be 
filed  in  the  office  of  the  Comptroller  of  the  Treasury. — Ibid. 
Collector  to  make  Daily  Deposits  in  Bank,  &c. 
Sec.  25.  Every  Collector  of  State  taxes   in  the  city  of  Baltimore, 
shall  make  daily  deposits  of  such  sums  of  money  as  he  shall  receive 
for  taxes  collected  lor   said    State,  less   the   amount  of  commissions 
allowed  him  for  the  collection  of  the  same,  to  the  credit  of  the  Treas- 
urer of  the  State  of  Maryland,  in  some  bank  in  said  city,  which  pays 
to  the  State  the  school  tax,  as  provided  by  law,  to  be  designated  by 
said  Treasurer,  and  on  failure  to  make  such  daily  deposits  he  shall, 


COLLECTOR   OF   STATE   TAXES.  44  o 

on  proof  thereof  to  the  satisftction  of  the  Govenior,  be  liable  to 
removal  from  office  by  the  Governor,  and  the  Comptroller  shall  im- 
mediately enter  suit  upon  his  bond. — Ibid. 

E.raminatljn  of  Books. 

Sec.  26.  The  Treasurer  of  the  State  shall  make  weekly  examina- 
tions of  the  books  of  the  Collector  of  State  taxes  in  Baltimore  city, 
whose  books  shall  always  be  open  to  sucli  inspection. — Ihid. 
When  Governor  to  Appoint  Collector — Bond. 

Sec.  27.  If  there  be  no  Collector  of  State  taxes  qualified  and  com- 
pensated in  conformity  with  the  foregoing  provisions,  in  the  city  of 
Baltimore,  by  the  first  day  of  May  in  any  year,  the  Governor  shall 
appoint  from  any  part  of  the  Stated!  a  Collector  for  the  said  city,  who 
shall  give  bond  with  sureties,  to  be  approved  by  the  Governor,  and 
be  in  all  respects  on  a  footing  with  other  State  "collectors'  bonds,  as 
provided  in  the  case  of  the  Collector  appointed  by  the  Mayor  and 
City  Council  of  Baltimore,  and  the  said  Collector  shall  have' all  the 
powers  of  other  Collectors. 

Levy  for  Commissions — Per  Centa^e. 
Sec.  28.  The  Mayor  and  City  Council  of  Baltimore  shall  levy  upon 
the  city  of  Baltimore,  within  twenty  days  after  a  Collector  shall  have 
been  appointed,  such  commission  as  will  in  their  judgment  insure  a 
speedy  collection  of  State  taxes,  not  exceeding  two  percentum  on  the 
amount  to  be  placed  in  the  hands  of  said  Collector  for  the  city  of 
Baltimore,  said  commission  to  be  levied  for  the  use  of  said  Collector, 
and  to  be  collected  as  other  charges  are  collected. 


OEDINAXCES. 

Appeal  Tax  Court,  <&c. — Duties  arid  Powers — Officers  and  their 

Salaries. 
The  following  City  Ordinances  relate  to  the  duties  of  the  Judges 
of  the  Appeal  Tax  Court  and  Assessors. 

Sec.  1.  Annually,  in  the  mouth  of  February,  there  shall  be  ap- 
pointed, as  other  city  officers  are  appointed,  three  sensible  and  dis- 
creet persons  to  constitute  and  be  styled  the  Appeal  Tax  Court,  upon 
whom  shall  devolve  all  the  duties  and  powers  provided  by  the  several 
acts  of  assembly  and  the  ordinances  relating  to  the  valuation  and 
assessment  of  taxable  property;  which  said  persons  shall  be  ap- 
pointed and  commissioned,  and  shall  give  bond  lor  the  faithful  dis- 
charge of  their  duties,  as  other  officers  of  the  city,  in  such  amount  as 
the  ^Mayor  may  approve.  There  shall  also  be  appointed  at  the  same 
time,  and  in  the  same  manner,  a  clf^rk  of  the  ApjDcal  Tax  Court,  who 
shall,  by  virtue  of  his  appointment,  be  one  of  the  assessors  of  tax,  and 
shall  perform  such  other  duties  as  the  Appeal  Tax  Court  may  require. 
There  shall  also  be  appointed  one  assessor,  besides  the  one  who  shall 
be  appointed  clerk.  The  salary  of  said  Judges  shall  be  each  eighteen 
hundred  dollars  per  annum.  The  salary  of  their  assessor  of  real  es- 
tate shall  be  $1600  per  annum;  the  salary  of  their  clerk  shall  be 
$1600  per  annum,  and  the  salary  of  their  assistant  clerk  shall  be 
$1200  per  annum.  The  assessor  shall  give  bond  in  $3000;  and  in 
consideration  of  the  sums  named,  each"  of  said  officers  shall  be  re- 


446  COLLECTOK   OF   TAXES. 

quired  to  perform  all  the  duties  imposed  on  them  by  the  provisions 
of  this  crdinance,  or  auy  duties  hereafter  required  of  them  hy  the 
Mayor  and  City  Councih— Ord.  20,  1871— Ord.  6,  1871— Ord.  30,*1871, 
and  Ord.  21,  1873. 

Assessors'  Duties  and  Powers. 

Sec.  2.  The  Assessors  of  tax  shall,  under  the  direction  of  the  Appeal 
Tax  Court,  assess  all  the  property  in  the  city  of  Baltimore,  or  so 
much  thereof  as  the  said  court  may  deem  necessary,  at  its  cash  value, 
in  conformity  with  the  provisions  of  the  several  acts  of  assembly  and 
ordinances  in  relation  thereto.  The  said  Assessors  shall  have  and 
exercise  all  the  powers  granted  to  Assessors  under  said  acts  of  as- 
sembly and  ordinances. 

Mayor  Anthorked  to  Fill  Vacancies. 
Sec.  3.  In   case   of  death,    dismissal,  or  removal  from  office,  the 
Mayor   is  hereby  authorized   to   fill   any  vacancy  that  may  occur  for 
the   unexpired  term   of  the  Judges   of  the  Api^eal  Tax   Court  and 
the  Clerk  or  the  Assessors. 

The  remainder  of  the  Ordinance  prescribes  the  duties  of  the  Judges 
of  the  Appeal  Tax'  Court. 


THE     COLLECTOR    OF    TAXES. 

Appointment — Bond,  &c. 
Sec.  1.  There  shall  be  appointed  annually,  in  the  month  of  Febru- 
ary, as  other  city  officers  are  ai:)pointed,  a  collector  of  taxes,  to  be 
styled  the  City  Collector,  whose  duty  it  shall  be  to  collect  all  taxes  of 
every  descrijition  levied  or  assessed  by  the  Mayor  and  City  Council  of 
Baltimore,  or  by  the  General  Assembly  of  Maryland  ;  who,  before  en- 
tering on  the  duties  of  his  office,  shall  give  bond  to  the  corporation, 
with  security  to  be  approved  by  the  Mayor  and  the  Presidents  of  the 
two  branches  of  the  City  Council,  or  any  two  of  them,  the  Mayor  being 
one,  in  the  penal  sum  of  seventy-five  thousand  dollars,  conditioned 
for  the  true  and  faithful  performance  of  the  trust  confided  to  him,  and 
of  the  duties  required  of  him  by  the  acts  of  assembly  and  ordinances 
of  the  city  of  Baltimore,  now  existing  or  that  may  hereafter  be  passed, 
and  also  for  the  payment,  on  or  before  the  fifth  day  of  each  and  every 
month,  to  the  Register  of  the  city,  or  such  other  officer  or  officers, 
person  or  persons,  as  may  be  authorized  to  receive  the  same,  of  all 
such  sum  or  sums  of  money  as  he  may  have  received  since  the  previous 
payment,  with  a  detailed  statement,  to  be  rendered  under  oath,  show- 
ing the  particular  sources  from  which  the  money  was  received. 

Colkctar''8  Term  of  Office. 
Skc.  2.  The  Collector  shall  enter  upon  the  discharge  of  the  duties  of 
his  office  on  the  first  Monday  in  March,  in  eacli  and  every  year,  and  his 
term  of  office  shall  expire,  and  all  his  authority  as  Collector  shall  cease 
on  the  (lay  next  preceding  the  first  Monday  in  IMarch  following,  unless 
he  shall  have  been  re-appointed,  as  provided  in  the  preceding  section. 

Removal  from  Office — When  Register  to  Act  as  Collector. 
Sec.  3.  Any  City  Collector,  appointed  by  virtue  of  this  ordinance, 
may  be  removed  or  suspended  for  cause,  by  the  May6r,  with  a  con- 


COLLECTOR   OF   TAXES.  447 

currence  of  a  majority  of  both  branches  of  the  City  Council,  or  he  may 
be  removed  by  a  vote  of  two-thirds  of  eacli  branch  of  said  Council. 
witliout  the  concurrence  of  tlie  Mayor  ;  and  it  shall  be  the  duty  of  the 
Collector,  when  so  removed  or  suspended  from  otlice,  as  herein  pro- 
vided, forthwith  to  deliver  to  the  Register,  all  the  money,  books  and 
papers  that  may  be  in  his  possession  at  the  time  of  such  removal, 
or  suspension,  and  in  case  of  the  susjjension,  removal,  resignation  or 
death  of  the  Collector,  the  Register  is  hereby  authorized,  and  re- 
quired, to  perform  all  the  duties  oi  Collector,  until  he,  the  said  Collect- 
or, is  reinstated,  or  his  successor  has  been  apjiointed,  and  shall  have 
duly  qualitied,  as  the  case  may  be. 

Charges  against  ColUctor — Suspension,  <&c. 
Sec.  4.  As  soon  as  charges  are  preferred  against  said  Collector  by 
the  Mayor  or  either  branch  of  the  City  Council,  which  aftect  his  offi- 
cial character,  it  shall  be  the  duty  of  the  Mayor  immediately  to  sus- 
pend him  Irom  office,  and  at  the  same  time  furnish  him  with  a  copy 
of  the  charges  against  him  ;  and  the  said  Collector  shall  have  the  priv- 
ilege of  answering  the  same  belbre  the  City  Council  in  convention,  by 
attorney  or  otherwise. 

When  Mayor  to  Convene  Council. 

Sec.  5.  It  shall  be  the  duty  of  the  Mayor,  in  case  of  resignation, 
or  suspension  from  office,  or  death  of  the  Collector,  during  a  recess  of 
the  City  Council,  to  convene  said  Council  within  three  days  there- 
alter,  for  the  purpose  of  examining  the  charges  j'l'elerred  against  him, 
and  of  tilling  the  vacancy  in  case  of  removal,  resignation  or  death  of 
said  Collector. 

State.  Taxes. 

Sec.  7.  The  said  Collector  shall  collect  from  the  State  of  Maryland,. 
the  State's  proportion  ot  the  expenses  incurred  in  the  collection  of  the 
State  taxes,  as  now  or  may  hereafter  be  flxed  by  law,  and  pay  the  same 
into  the  city  treasury. 

Collectm'  and  Officers — and  Salaries. 

Sec.  8.  The  Collector  shall  receive  as  full  compensation  for  the 
duties  that  are  now  or  hereafter  may  be  required  to  be  performed  by 
him,  by  the  laws  of  the  State,  and  ordinances  of  the  city,  the  yearly 
salary  of  two  thousand  dollars ;  and  he  shall  have  authority  to  ap- 
point and  remove  one  Deputy  Collector,  whose  duty  it  shall  be  to 
take  charge  of  all  arrears  of  taxes,  and  assist  the  Collector,  and 
whose  salary  shall  be  eighteen  hundred  dollars  per  annum ;  one 
cashier,  whose  salary  shall  be  fifteen  hundred  dollars  per  annum  ;  one 
assistant  cashier,  whose  salary  shall  be  thirteen  huncired  dollars  per 
annum  ;  one  book-keeper,  whose  salary  shall  be  fourteen  hundred  dol- 
lars per  annum  ;  and  one  general  cash  book-keeper,  whose  salary  shall 
be  sixteen  hundred  dollars  per  annum;  nine  ledger  clerks,  who  shall 
each  receive  a  salary  of  twelve  hundred  dollars  per  anniuu,  and  four- 
teen bailiffs  and  assessors,  at  a  salary  of  three  hundred  and  fifty-seven 
dollars  per  year.  All  of  said  appointees  being  hereby  required  to 
comply  with  all  ordinances  of  the  city  in  the  same  manner  as  if  ap- 
))ointed  l)y  the  Mayor  and  City  Council ;  and  for  all  of  their  acts  the 
Collector  shall  be  held  responsible  under  his  bond. — Ord.  3,  1873 — 
Ord.  110,  1873. 
39 


448  WATEK   DEPARTMENT. 


THE    COMMISSIONERS    OF    FINANCE. 

The  Board  of  Commissioners  of  Finance  consists  of  two  persons 
in  conjunction  with  the  Mayor.  Thej'  are  elected  annually  by  the 
two  branches  of  the  City  Council  in  convention.  They  perform  the 
duties  devolving  upon  the  corporation  in  connection  with  the  public 
debt.  They  may  lease  the  property  belonging  to  the  city  which  is 
pledged  for  the  redemption  of  the  public  debt.  They  have  charge  of 
the  Sinking  Fund.  They  may  sell  such  stocks  as  are  held  by  the  city 
and  apply  the  same  to  the  reduction  of  the  debt.  They  may  consoli- 
date the  city  bonds,  &c.  The  Commissioners  receive  no  compensa- 
tion. 


FIRE     DEPARTMENT. 

Five  Fire  Commissioners  are  appointed,  two  for  four  years  and 
three  for  two  years,  and  every  second  year  others  shall  be  appointed 
to  serve  for  the  term  of  four  years.  They  have  the  appointment  of  em- 
ployes of  the  Fire  Department,  and  report  in  January  to  City  Council. 
They  ajDpoint  a  Chiel  Engineer,  two  Assistant  Engineers,  one  Clerk, 
ten  Engine  Companies,  each  consisting  of  one  Foreman,  one  Engine- 
man,  one  Assistant  Engineman,  one  Hostler  and  eight  Firemen,  also 
three  Hook  and  Ladder  Companies,  each  consisting  of  one  Foreman, 
one  Tillerman,  one  Hostler  and  ten  Laddermen;  salary  of  Chief  Engi- 
neer $2000  ;  Assistants  each  $1400  ;  Clerk  $1200 ;  Foremen  each  $500; 
Enginemen  $1100;  Assistants  eacii  $900;  Tillermen  and  Hostlers 
each  $900 ;  Firemen  each  $400 ;  Foreman  of  Hook  and  Ladder  Com- 
panies $500. 


FIRE     INSPECTORS. 

The  Mayor  may  appoint  a  Fire  Inspector,  named  by  the  Fire  Insur- 
ance Companies  of  the  city,  and  whose  salary  is  paid  by  the  Insur- 
ance Companies.  His  duty  is  to  examine  into  and  keep  a  record  of 
all  fires  in  the  city. 


POLICE   AND   FIRE   ALARM   TELEGRAPH. 

Six  temporary  additional  police  oiBcers  are  annually  appointed, 
one  of  whom  shall  be  versed  in  telegraphic  operations,  and  shall 
be  called  the  Superintendent  of  the  Police  and  Fire  Alarm  Telegraph  ; 
four  of  them  shall  act  as  telegraph  operators,  and  one  as  lineman. 
Salary  of  Superintendent  $1400,  bond  $2000;  salary  of  each  of  the 
operators  and  lineman  $1300,  bond  $800. 


HEALTH   DEPARTMENT.  449 


THE    WATER    DEPARTMENT. 

There  shall  be  appointed  biennially  in  March,  a  Board  of  six  Com- 
missioners, who,  with  the  Mayor,  shall  be  styled  the  -'Water  Board  of 
the  City  of  Baltimore."  The  Water  Board  has  authority  to  appoint 
a  Water  Engineer,  whose  salary  is  |2500  per  year,  and  who  is  to  give 
bond  in  $10,000;  a  Civil  En^-ineer,  whose  salary  is  $2500,  and  bond 
$5,000;  a  Water  Registrar,  whose  salary  is  $2500,  and  bond  $20,000  : 
a  Cashier,  salary  $1400,  and  hond  $1000;  a  general  Bookkeeper,  at  a 
salary  of  $HO0,  and  bond  $1000;  three  Clerks  at  a  salary  of  $1200, 
and  bond  $5000  each;  an  Engineer's  Clerk,  salary  $1200,  and  bond 
$1000;  two  Collectors,  salary  $1000,  and  bond  $1000;  a  Hydrant 
Inspector,  salary  $1000,  and  bond  $1000;  and  a  Watchman  at  a 
salary  of  |;480  per  year.  The  Board  have  also  authority  to  appoint  a 
Secretary  to  keep  the  records  of  the  Board,  also  to  appoint  or  secure 
the  ajjpointment  of  such  police  force  and  watchmen  as  may  be  neces- 
sary Ibr  the  protection,  tl'c,  of  the  water  works,  and  to  adopt  such 
measures  as  will  insure  a  supply  of  pure  water.  The  salaries  and 
duties  of  all  other  appointees,  except  the  two  Engineers  and  Regis- 
trar, shall  be  determined  upon  by  the  Water  Board,  and  they  may  be 
dismissed  at  any  time  by  the  Board.  The  Board  shall  take  bonds 
from  any  or  all  employes,  to  be  approved  by  the  Mayor,  in  such 
I^enal  sum  as  may  be  required. 


HEALTH    DEPARTMENT. 

THE     COMMISSIONER    OF    HEALTH. 

There  shall  be  annually  appointed,  as  other  city  officers  are  ap- 
pointed, one  Physician,  who  shall  be  the  Commissioner  of  Health,  and 
one  Assistant  Commissioner,  who  shall  constitute  the  Board  of  Health. 
Salary  of  Commissioner  $2500,  of  Assistant  $1500.  The  duties  of 
the  Board  of  Health  is  to  execute  all  ordinances  for  the  preservation  of 
the  health  ol  the  city. 


SUPERINTENDENTS     OP     STREETS. 

There  shall  be  appointed  annually,  as  other  officers  are  appointed, 
five  Superintendents  of  Streets,  one  for  each  division  into  which  the 
city  is  divided  by  the  Board  of  Health.  Salary  $1000  per  annum, 
and  in  case  any  one  is  unable  to  perform  his  duties  for  more  than 
two  weeks,  a  substitute  shall  be  appointed  by  the  Board  of  Health, 
with  the  consent  of  the  Mayor,  and  paid  out  of  the  salary  of  the  said 
Superintendents.  Bond  $2000.  They  shall  act  as  agents  of  the  cor- 
poration, and  with  the  approval  of  the  Mayor  and  the  Commissioner 
of  Health,  employ  a  force  sufficient  to  keep  clean  tlie  streets  of  the 
city,  clear  away  ice  and  snow  from  the  gutters  and  crossings,  and 
from  the  front  of  all  public  buildings. 


450  CITY   COMMISSIONER   AND   ASSISTANT. 

RESIDENT  PHYSICIAN  OF  THE  MARINE  HOSPITAL, 

The  Physician  of  the  Marine  Hospital  is  annually  appointed  as 
other  city  officers  are.  His  salary  is  $2000  per  annum,  and  he  gives 
bond  in  the  sum  of  $5000.  His  residence  is  at  the  Marine  Hosjiital. 
He  must  be  a  legally  authorized  practicing  physician.  He  may  em- 
ploy an  assistant  physician,  whose  pay  shall  not  be  more  than  $5  per 
day.  His  duties  are  to  attend  to  the  Marine  Hospital  and  the  patients 
there — to  board  all  vessels  on  their  arrival  from  sea,  and  if  he  deems 
it  unsafe  for  the  vessel  to  unlade  her  cargo  and  come  to  the  vpharf, 
may  quarantine  the  vessel  until  thoroughly  cleansed  and  purified. 
The  expenses  of  jaurification  of  vessels,  or  baggage,  or  passengers,  to 
be  paid  by  the  captain,  owner  or  consignee. 


THE    VACCINE     PHYSICIANS. 

A  Vaccine  Physician  is  annually  appointed  as  other  city  officers, 
for  every  two  contiguous  wards,  to  be  a  resident  of  one  of  the  wards 
from  which  he  may  be  appointed,  if  practicable.  Salary  $300  per 
annum.  Their  duties  are  to  act  as  health  wardens,  to  vaccinate  all 
persons  required  by  law,  and  to  attend  to  jDolice  officers  wounded  in 
discharge  of  duty,  and  render  professional  services  at  station  house, 
for  which  they  shall  receive  an  additional  compensation  of  $100. 

See  State  Vaccine  Agent. 


THE  CITY  COMMISSIONER  AND  ASSISTANT. 

The  City  Commissioner  and  Assistant  Commissioner  are  annually 
appointed  as  other  city  officers  are  now  appointed.  The  salary  of 
the  City  Commissioner  is  $3000.  He  gives  bond  in  the  sum  of 
$10,000.  The  salary  of  the  Assistant  Commissioner  is  $1800;  bond 
$5000.  The  City  Commissioner  shall  appoint  a  Clerk,  W'hose  com- 
pensation shall  be  $1200  a  year.  The  duties  of  the  City  Commissioner 
relate  to  the  leveling,  making,  mending,  or  repairing  the  streets,  lanes, 
alleys,  bridges  and  sewers,  and  contracting  with  any  person  for  ma- 
terials for  the  purpose  aforesaid,  said  contracts  having  been  approved 
by  the  Mayor,  Register  and  Comptroller  of  the  city,  and  with  as  many 
workmen  as  he  may  judge  necessary  to  be  employed  from  time  to  time 
in  and  about  the  same.  It  shall  be  his  duty  annually,  to  lay  before 
the  City  Council,  in  the  first  week  of  the  annual  session,  a  report  of 
his  proceedings,  with  an  abstract  of  the  expenditures  of  the  office, 
signed  by  him.  The  City  Commissioner  shall  have  full  power,  when 
applied  to  by  any  person  requiring  the  same,  to  ascertain  and  fix  the 
lines  of  any  of  the  streets,  lanes,  &c.,  or  any  boundary  of  any  of  the 
lots  within  the  city,  and  to  put  up  stones  or  landmarks — also  to  cor- 
rect wrong  numbers  of  houses.  He  shall,  with  the  approbation  of 
the  Mayor,  make  all  contracts  for  the  construction  and  repair  of  all 
city  buildings,  except  what  appertains  to  the  department  of  the 
Water  Board  and  Port  Warden. 


CITY   SDRVEYOB.  451 


THE    PORT    WARDEN. 

A  Port  Warden  is  annually  appointed,  as  other  city  officers  are. 
He  gives  bond  in  the  sum  of  il(),OUO:  salary  $2000  per  annum.  The 
Port  Warden  appoints  one  Clerk  with  a  salary  of  $1200  per  annum. 
Clerk's  bond  $2000. 

The  Port  Warden  has  full  power  to  employ  and  discharge  the 
workmen  under  him  at  such  times  as  in  his  judgment  the  interests  of 
the  city  may  require — to  cause  to  be  removed  all  vessels  which  now 
are  or  may  hereafter  be  sunk  in  the  harbor  or  port  of  Baltimore — to 
prevent  encroachments  on  the  harbor  by  any  person — to  aid  and 
assist  with  the  mud  machines  in  cleaning  such  docks  as  the  Board  of 
Health  may  be  of  opinion  require  the  use  of  said  machines — to 
deepen  and  cleanse  the  navigation  at  wharves  or  docks  when  called 
upon  by  any  occupier  or  owner — to  cause  to  be  deepened  a  channel 
of  two  hundred  feet  within  certain  described  limits — to  cause  all 
public  wharves  to  be  rebuilt  or  repaired,  when,  in  his  opinion,  with 
the  ajjprobation  of  the  Mayor,  the  same  may  be  necessary — to  cause 
to  be  built  solid  and  substantial  wharves  or  abutments  of  durable 
materials  at  the  end  of  streets,  &c. — to  examine  into  the  state  of  all 
private  wharves,  and  to  cause  correct  soundings  to  be  made  in  the 
harbor. 


COMMISSIONERS    FOR    OPENING    STREETS. 

The  Commissioners  for  the  Opening  of  Streets,  consist  of  three  per- 
sons, who  are  annually  a^Dpointed,  as  other  city  officers.  The  salary 
of  each  of  said  Commissioners  is  $1200.  They  shall  employ  a  Clerk, 
with  salary  of  $1200  a  year,  and  shall  also  have  the  power  to  obtain 
the  services  of  the  City  Surveyor,  and  such  other  assistants  and  agents 
as  they  may  deem  necessary,  and  allow  to  each  of  the  persons  so  em- 
ployed by  them,  such  compensation  as  may  be  fixed  by  ordinance, 
and,  if  not  so  fixed,  as  the  said  Commissioners  may  deem  reasonable. 


THE     CITY    SURVEYOR. 

A  City  Surveyor  is  elected  on  the  Tuesday  next  after  the  first 
Monday  in  the  month  of  November.  1873,  and  on  the  same  day  in 
every  second  year  thereafter,  an  election  is  to  be  held.  His  term  of 
ofl[ice  commences  on  the  first  Monday  of  January  ensuing  his  election ; 
any  vacancy  in  the  office  is  filled  by  the  flavor  and  City  Council,  for 
the  residue  of  the  term.  His  compensation  arises  from  fees  fixed  by 
ordinance — gives  bond  in  the  sum  of  $5000.  It  is  the  duty  of  the 
City  Surveyor  to  do  and  perform  all  acts  ai)pertaining  to  the  business 
of  a  Surveyor  that  may  be  required  of  him  by  the  City  Commissioner 
and  the  Commissioners  for  the  Opening  of  Streets,  and  to  perform  all 
other  tilings  which  may  be  prescribed  by  the  Mayor  and  City  Coun- 
cil. He  shall  keep  a  record  of  and  preserve  all  memoranda,  file  notes 
and  plats,  and  report  semi-annually  to  the  Mayor,  what  field-rates  are 
in  his  possession  belonging  to  the  city. — See  page  231. 


453  SUPEKINTENDENTS   OF   LAMPS   AND   LAMPLIGHTERS. 


VISITORS    AND    OFFICERS    OF    THE   JAIL. 

Five  Visitors  are  appointed  in  the  month  of  February,  who  have 
general  control  of  the  aflairs  of  the  Jail ;  they  elect  a  President  and 
Secretary  from  their  number.  They  appoint  a  Warden,  who  has 
charge  of  the  prisoners,  who  is  removable  at  the  pleasure  of  the  Visi- 
tors. The  Warden  gives  bond  in  the  sum  of  $10,000,  with  two  secu- 
rites.  The  Visitors  prescribe  the  number  and  duties  of  the  assistants 
and  the  Warden  appointees.  The  compensation  of  the  Warden  and 
assistants  is  regulated  by  the  Visitors.  The  Warden  is  required  to 
send  a  list  of  all  parties  committed  as  vagrants,  by  justices  of  the 
peace,  to  the  Judge  of  the  Criminal  Court,  every  Saturday,  to  be  re- 
vised by  the  Judge. 

The  officers  and  their  compensation,  are  as  follows  :  Warden,  whose 
salary  is  $1800  ;  Clerk,  $1800,  and  bond  $2000;  Physician,  $1500; 
nine  Deputy  Wardens,  $1000  each;  Chief  Engineer,  $1100;  Assistant 
Engineer,  $800 ;  Baker,  $000  ;  and  Matron,  $450. 


SUPERINTENDENTS    OF  CHIMNEY   SWEEPERS. 

Eleven  Superintendents  of  Chimney  Sweepers  are  annually  ap- 
pointed and  licensed  in  the  city,  and  shall  be  assigned  to  separate 
districts.  Their  bond  is  $100.  Their  compensation  is  by  fees,  which 
are  regulated  by  ordinance. 


THE    HARBOR    MASTERS. 

Five  Harbor  Masters  are  annually  appointed,  as  other  city  officers 
are.  They  receive  as  salary,  30  per  cent,  on  all  wharfage  and  tonnage 
duties  collected  by  them,  to  be  paid  monthly,  by  dividing  the  same 
equally  among  them.  Monthly  returns  of  collections  under  oath,  are 
made  to  the  Register,  and  payments  made  to  him.  Their  duties  are 
to  attend  to  the  shipping  in  the  harbor,  the  wharves,  &c. 


SUPERINTENDENTS    OF   LAMPS    AND 
LAMPLIGHTERS. 

There  shall  be  appointed,  annually,  prior  to  the  first  of  March,  by 
the  Mayor,  four  Superintendents  of  Lamps,  one  of  whom  shall  be  as- 
signed for  each  district,  by  the  Mayor,  who  shall  superintend  the  light- 
ing and  cleaning  of  the  city  lamps,  and  keeping  the  same  in  repair ; 
and  a  room  shall  be  provided  at  each  station  house,  where  they  shall 
attend  daily,  from  1  P.  M.  to  3  P.  M.,  in  order  to  furnish  their  subor- 
dinates with  oil  and  other  requisites,  and  receive  their  rei)orts  as  to 
the  condition  of  the  lamps ;  and  said  Superintendents  shall  have 
charge  of  and  be  responsible  for  such  oil  and  other  requisites  as  may 
be  used  in  said  districts;  and  the  Mayor  shall  annually,  prior  to  the 
lirst  oi' March,  appoint  eighty  lamplighters,  who  shall  be  assigned  by 


"WARD   MANAGERS   OF   THE   POOR.  453 

the  Superintendents,  to  their  respective  beats,  and  they  shall  li^rht, 
extinguish,  attend  to  and  clean  the  city  lamps  at  least  twice  a  lighting, 
and  it  shall  be  the  duty  of  the  Comptroller  to  prepare  and  have 
printed  on  cards,  by  the  twentieth  of  each  month,  the  hours  when  the 
city  lumps  shall  be  lighted  and  extinguished  for  the  ensuing  month, 
one  of  which  cards  shall  be  furnished  to  each  captain,  lieutenant  and 
sergeant  of  police,  and  to  the  Superintendents  of  Lamps,  and  it  shall 
be  the  duty  of  said  Superintendents  to  instruct  the  Lamplighters  as  to 
the  hours  when  they  shall  light  and  extinguish  the  lamjjs;  the  cap- 
tains, lieutenants  and  sergeants  of  police  shall  report  to  the  Mayor, 
all  failures  to  light  and  extinguish  the  lamps  at  the  proper  time  in 
their  respective  beats,  and  in  all  cases  where  the  lamps  shall  be  broken 
and  not  promptly  repaired,  the  ^layor  shall  have  power  to  suspend  or 
remove  for  neglect  of  duty,  as  in  his  judgment  the  case  may  require. 
The  Comptroller  is  authorized  to  have  tlie  street  or  public  lamps 
lighted  each  and  every  Sunday  night,  for  such  number  of  hours  as  he 
may  deem  necessary  to  light  the  city.  The  salary  of  the  Superintend- 
ents of  Lamps,  shall  be  ten  dollars  per  week,  and  the  compensation 
of  the  Lamplighters,  shall  be  eight  dollars  per  week.  The  Superin- 
tendents give  bond  in  $500,  and  the  Lamplighters  in  |100. 


CLERKS    OF    MARKETS. 

The  several  officers  mentioned  below  are  appointed  as  other  city 
officers  are  appointed,  and  receive  as  compensation  the  annual  salaries 
hereinalter  allow^ed  them : 

The  Clerk  of  the  Centre  Market $;450,  Bond  $1500. 

The  Assistant  Clerk  of  the  Centre  Market 350,  "  1000. 

The  Clerk  of  the  Lexington  Market 450,  "  1500. 

The  Assistant  Clerk  of  the  Lexington  Market.  350,  "  1000. 

The  Clerk  of  the  Hanover  Market 450,  "  1000. 

The  Clerk:  of  the  Fell's  Point  Market 450,  "  1000. 

The  Clerk  of  the  Belair  Market 700,  «  1000. 

This  Clerk  has  a  special  duty  to  assist  the 

Assistant  Clerk   of  the  Centre  Market,  for 

which  he  receives  the  sum  of  $100. 

The  Clerk  of  the  Richmond  Market 450,  «  500. 

The  Clerk  of  the  Hollins  Street  Market 500,  "  800. 

The  Clerk  of  the  Cross  Street  Market 800,  "  500. 

The  Clerk  of  Lafayette  Market 300,  "  1000. 

Keeper  of  Market  under  Maryland  Institute.    500,  "  500. 


WARD    MANAGERS    OF    THE    POOR 

One  Ward  Manager  of  the  Poor  shall  be  appointed  for  each  ward, 
by  the  Mayor  and  City  Council  at  their  annual  session.  He  shall 
have  power  to  direct,  in  writing,  any  indigent,  sick  or  disabled  per- 
son, infant  or  idiot  of  his  ward,\o  go,  or  be  taken,  to  the  Almshouse, 
(Bay  view  Asylum.)  The  Trustees  shall  receive,  maintain,  and  employ 
said  person  so  long  as  in  their  opinion  he  may  be  entitled  to  relief 
and  i-equire  it. 


404  TEUSTEES   OF   THE   McDONOGH   FUND. 

KEEPERS    OP     SPRINGS,     SQUARES,    &c. 

The  following  officers  bond,  and  are  paid  salaries  as  follows: 

Keeper  of  Broadway  Hall $800,  Bond  $500. 

Keeper  of  Eastern  Fountain 3o0,       "  500. 

Keeper  of  Calvert  Street  Spring 800,       "  500. 

Keeper  of  Franklin  Square ;;r.0,       "  500. 

Keeper  of  Madison  Square OTiO,       "  500. 

Keeper  of  Union  Square 8r.O,       "  500. 

Keeper  of  La  Fayette  Square 850,       "  500. 

Keeper  of  Battery.  Square 2r.(),       "  500. 

Keeper  of  Broadway  Squares 800.       "  500. 

Keeper  of  Harlem  Square 310,       "  500. 

Keeper  of  Drawbridge 600,       "  500. 

Keeper  of  "Washington  Monument — Fees 

Cleaneis  of  Markets  are   employed,   who  are   paid  yearly  salaries 
varying  from  $420  to  $50. 


COMMISSIONERS    OP    SQUARES,    &c. 

The  Mayor  a])points  three  Commissioners  for  each  of  the  Squares, 
&c.,  who  have  general  supervision  of  them,  but  receive  no  salary. 
All  approjjriations  are  expended  under  their  direction. 


THE    TR,USTEES    OP    THE    POOR. 
BAYVIEW    ASYLUM. 

The  Trustees  of  the  Poor  are  appointed  by  the  Mayor  and  City 
Council,  with  power  to  appoint  all  such  officers,  clerks,  agents  and 
servants  as  they  may  think  necessary,  and  shall  prescribe  their  duties, 
and  fix  their  compensation.  They  shall  meet  at  the  Alms-house 
four  times  a  year,  in  the  first  week  of  February,  May,  August  and 
November,  and  make  such  rules  and  by-laws  as  they  may  think  neces- 
sary. The  Trustees  are  entitled  to  two  dollars  per  day  for  every  day 
they  meet.  The  following  officers  are  paid  the  salaries  named  :  Two 
Visiting  Physicians,  $1100  pervear:  Superintendent,  $1100,  bond 
$1000;  Atrent,  or  Purveyor,  $1200,  bond  $5000;  Apothecary,  $500; 
Farmer,  $500,  and  $500  bond;  Clerk,  $900;  Chief  Engineer,  $720; 
Assistant  Engineer,  $600 ;  Messenger,  $600 ;  Matron,  $500. 


TRUSTEES    OP    THE    McDONOGH  EDUCATIONAL 
FUND    AND    INSTITUTE. 

The  T?oard  of  Trustees,  «fcc.,  were  elected  under  the  ordinance  No. 
68  of  1868.  Their  number  shall  not  be  less  than  seven,  nor  more  than 
nine.  Vacancies  are  to  be  filled  by  the  Mayor.  They  have  charge 
of  the  McDonogh  bequest  to  the  city.  They  elect  a  president,  secre- 
tary and  agent,  and  prescribe  their  salary  and  duties.  The  fund  on 
the  4th  June,  1860,  was  $522,740  06,  with  a  prospect  of  receiving 
$100,000  additional.  According  to  the  terms  of  the  ordinance,  the 
interest  of  $500,000  shall  only  be  used  in  the  ])urchase  of  the  land  and 
buildings  for  the  purposes  of  the  trust.  The  Farm  School  is  now  in 
operation. 


COMMISSIONEHS   OF   PUBLIC    SCHOOLS.  455 

DRUID    HILL    PARK. 

Four  persons,  with  the  Mayor,  constitute  the  Druid  Hill  Park 
Coinniissioncrs,  ^vl)<^  liuve  authdrity  to  make  ail  rules  and  reLTulatious 
for  the  LTovenuuent  and  iin])n)venient  of  the  Park.  Druid  Hill  Park, 
when  coni])leted,  will  contain  over  680  acres,  and  has  cost,  exclusive 
of  improvements,  $511,823. 


WEIGHTS    AND    MEASURES. 

Three  Keejjers  of  the  Standard  Weitjhts  and  Measures  are  annually 
appointed.  Two  of  weights  and  lif|uid  measures,  and  one  of  dry  and 
long  measure.     Fees  regulated  by  ordinance,  and  bond  of  each  $1000. 


THE    JONES    FALLS     COMMISSIONERS. 

Three  Commissioners  for  the  improvement  of  Jones  Falls  were  elected 
by  the  City  Council  under  Ordinance  No.  51,  of  1872.  They  receive 
an  annual  salary  of  $2500  each.  Vacancies  are  to  be  ill  led  by  the 
Mayor,  subject  to  the  confirmaticm  of  the  City  Council.  They  may 
be  removed  as  other  ofRcers  are  removed.  They  ajjpoint  a  Clerk  at 
$1200  per  year,  and  a  Chief  Engineer  at  $5000  per  year. 


THE  COMMISSIONERS  OF  PUBLIC    SCHOOLS. 

SUPERINTENDENT    OF    PUBLIC    INSTRUCTION. 

The  Commissioners  of  Public  Schools  are  annually  elected  in  Feb- 
ruary, one  from  each  ward,  by  the  City  Council  in  Convention.  The 
Commissioners  elect  a  President  and  Secreiary.  The  latter  is  paid  a 
salary  of  $1700.  The  Commissioners  also  elect  a  "Superintendent  of 
Public  Instruction,"  for  four  years,  unless  sooner  removed  by  the 
Board,  from  February  1872,  at  a  salary  of  $8000.  His  duties  are 
to  visit  all  the  Schools  once  in  each  quarter.  His  salary  is  fixed  by 
the  Board,  subject  to  the  ap])roval  of  the  City  Council.  They  also 
elect  an  Assistant  Superintendent,  whose  salary  is  $1800,  for  four  years. 
The  Board  of  Commissioners  have  charge  of  all  the  Public  Schools 
in  the  city,  elect  the  teachers,  and  determine  their  salaries;  ])rescribe 
the  course  of  study,  and  the  books  to  be  used ;  make  bj*-laws  lor  their 
government,  and  have  charge  of  the  school  buddings.  There  is  no 
charge  for  tuition  in  the  schools,  but  a  charge  of  one  dollar  per  quar- 
ter is  made  for  books.  The  Commissioners  serve  without  c()nii)ensa- 
tion.  A  new  building  is  being  erected  for  the  Baltimore  City  Col- 
lege. The  annual  expense  of  the  white  schools  of  the  city  for  1873 
was  $473,000,  of  which  $346,108  were  paid  for  salaries  of  teachers  and 
officers.  The  whole  amount  paid  for  colored  schools  in  1872,  was 
$32,430,  of  which  $23,077  were  i)aid  for  teachers — whole  number  of 
schools  was  122.  The  salaries  of  the  Principal  of  the  Baltimore  City 
College  is  $2700,  the  Vice  Priucii)al  $2450,  and  tlie  other  Professors 
$2000.     The  Principals  of  the  Female  High  Schools  are  paid  $2208. 


456  BUILDING   COMMITTKE    OF   NEW    CITY   HALL, 

COMMISSIONERS    FOR    IMPROVING    THE 

HARBOR. 

A  Board  of  six  Commissioners  entitled  "The  Commissioners  for 
Deepening  and  Improving  the  Channel  of  the  Chesapeake  bay  and  the 
Patapsco  river  below  Fort  McHenry,"  are,  biennially,  appointed  in 
the  month  of  February,  as  other  city  officers  are  appointed,  of  which 
Board  the  Mayor  is  a  member.  They  serve  without  pay,  and  are  to 
be  citizens  and  residents  of  the  city  of  Baltimore.  The  Board  are 
authorized  to  receive  and  disburse  all  moneys  received  from  the  State 
from  auction  duties,  and  ai)ply  the  same  to  the  deepening  and  im- 
proving the  channel.  They  shall  annually,  on  or  before  the  third 
Monday  in  January,  report  to  the  Mayor  and  City  Council  their  pro- 
ceedings. Should  a  vacancy  occur  in  the  Board  the  same  shall  be 
filled  by  the  Mayor  as  other  vacancies  are  tilled. 


THE    FIRE    INSPECTOR 

Is  appointed  by  the  Mayor  and  paid  by  the  Insurance  Companies. 
By  the  Act  of  1873,  Chapter  250,  it  is  made  the  duty  of  the  Fire  In- 
spector to  attend  fires  that  may  occur  with  his  badge  of  office  dis- 
played. He  shall  take  charge  of  all  j^roperty  during  fires  which  may 
l)e  imperiled  thereby.  Any  person  wilfully  obstructing  him  in  the 
discharge  of  his  duties  shall  be  imprisoned  in  jail  not  over  one  month, 
or  fined  not  over  $500.  He  shall  investigate  the  cause  of  fires,  sum- 
mon witnesses  and  administer  oaths.  He  is  to  aid  in  the  enforcement 
of  the  fire  ordinances.  Any  person  who  wilfully  neglects  for  two 
days  to  give  notice  of  possession  of  property  saved  from  tires,  shall  bo 
deemed  guilty  of  larceny.  He  may  appoint  one  or  more  deputies 
during  his  absence,  who  shall  wear  a  badge. 


INSPECTOR  OF  PUBLIC  BUILDINGS. 

The  Inspector  of  Public  Buildings  is  appointed  annually  by  the 
Mayor,  as  other  city  officers  are  ajjpointed.  He  must  be  an  experi- 
enced builder  or  mechanic.  His  salary  is  $lbOO  per  year.  He  ap- 
points a  Clerk  at  $1200  per  year.  He  is  to  make  all  contracts  lor 
the  construction  and  repair  ef  all  city  buildings;  the  repairs  shall  be 
under  his  direction  and  control.  He  is  to  correct  irregularity  in  the 
numbering  of'houses,  to  have  dangerous  walls  removed,  to  grant  per- 
mits, with  the  Mayor's  approval,  for  steam  engines,  bay  windows, 
awning  flaps,  sign  posts,  frame  sheds,  &c. 


BUILDING  COMMITTEE  OF  NEW  CITY  HALL. 

The  Building  Committee  of  the  New  City  Hall  consists  of  four 
members  with  the  addition  of  the  Mayor.  They  receive  no  salary. 
They  appoint  an  Architect  who  receives  a  commission  upon  the  cost 
of  the  building,  a  Suj)erintendent  who  is  paid  $2500  per  year,  and  a 
Clerk  whose  salary  is  $1400. 


INSFECTOU    OF   GAS   METERS.  457 

COAL,    WOOD    AND    ICE. 

Anthracite,  and  all  Coal  except  bituminous,  sliall  l;o  sold  only  by 
the  ton,  liall"  ton,  or  fraction  of  a  ton.  wliicli  is  2240  pounds,  under 
•penalty  of  |10.  Firewood  shall  be  sold  only  by  the  cord,  half  cord, 
or  quarter  cord,  under  penalty  of  $5.  All  Ice  shall  be  sold  by  weight 
unless  otherwise  agreed  upon  between  the  buyer  and  seller.  The 
standard  weight  of  a  bushel  shall  be  sixty  jjounds  avoirdupois,  under 
penalty  of  |5. 


INSPECTOR    OF    ILLUMINATING    GAS. 

An  Inspector  of  Illuminatintr  Gas  is  annually  appointed  in  Febru- 
ary, as  other  city  officers  are  appointed,  who  is  to  give  bond  in  $1000. 
His  duty  is  to  inspect  and  determine  the  purity  of  the  Gas  furnished 
by  any  Company  or  persons  in  Baltimore,  and  report  to  the  Mayor  at 
least  once  a  week.  The  quality  of  the  Gas  must  be  such  as  to  produce 
a  light  equal  to  twelve  standard  sperm  candles  of  six  to  the  pound, 
«fec.  Failing  to  supply  such  Gas,  the  producer  shall  be  lined  $100, 
unless  unavoidable.     Salary  of  the  Gas  InsiDector  $303  per  year. 


INSPECTORS  OP  WEIGHTS  AND  MEASURES. 

Three  persons  shall  be  annually  appointed  Keepers  of  the  Standards 
of  Weights  and  Measures.  Their  duty  is  to  inspect  and  stamp  all 
"Weights  and  Measures  used  in  Baltimore  city  once  a  year.  If  any 
are  found  untrue  they  are  to  be  stamped  "condemned,"  and  if  again 
used  the  person  shall  be  lined  $20. 


MEASURERS    OP    CHARCOAL. 

One  person  is  annually  appointed  by  the  Mayor,  «fec.,  to  measure 
all  Charcoal  brought  to  the  city  of  Baltimore,  and  he  may  have,  with 
the  approl)ation  of  the  Mayor,  one  or  more  deputies.  Tlie  Measurer 
shall  give  the  seller  a  certificate  of  the  quantity,  upon  payment  of 
25cents.il  over  25  bushels  37t  cents;  if  over  50  bushels,  50  cents. 
The  penalty  for  selling  without  a  certihcate  is  $5. 


THE    INSPECTOR    OP    GAS   METERS. 

The  Inspector  and  Sealer  of  Gas  Meters  is  appointed  by  the  Mayor, 
&c.,  who  is  to  give  bond  in  $1000.  His  duty  is  to  inspect  the  accu- 
racy of  registration  of  all  Gas  Meters  when  required,  in  writing,  in- 
tended to  be  used  in  this  city,  and  when  proved  correct,  to  stamp  the 
same,  upon  payment  of  $1,  in  advance.  If  found  to  register  inaccu- 
rately, the  Inspector  shall  return  the  fee  paid.  His  salary  is  $500  per 
year  in  addition  to  the  fees. 


458  REFERENCES. 


JUDGES    OP    ELECTION    AND    CLERKS. 

The  Board  of  Police  Commissioners  appoints  three  voteps  in  each 
precinct,  designating  one  as  presiding  Judge,  to  act  as  Judges  of 
Election.  Term  of  ofiice,  one  year,  subject  to  removal.  The  Board 
also  appoints  for  every  election  two  Clerks  for  each  precinct.  The 
Judges  and  Clerks  are  paid  $3  50  per  day,  by  Act  of  1873,  eh.  141. 


THE    AUCTIONEERS. 

The  Auctioneers  of  Baltimore  city,  not  exceeding  twenty,  are  ap- 
pointed by  the  Governor,  biennially.  Those  whose  sales  do  not  ex- 
ceed $150,000,  give  bond  in  $5000,  and  pay  a  license  fee  to  the  State 
Treasurer  of  $450.  Those  whose  sales  exceed  $150,000,  give  bond  in 
$10,000,  and  pay  a  license  fee  of  $750.  Those  who  sell  books,  maps, 
or  prints  by  night,  give  bond  in  $5000,  and  pay  a  license  fee  of  $150. 
For  vending  horses  and  carriages,  the  bond  is  $1000,  and  the  license 
fee  $50.  The  rates  of  duties  on  sales  are  prescribed  by  Art.  4,  P.  G.  L., 
as  amended  by  the  Act  of  1872,  ch.  249,  under  which  special  licenses 
of  $75  are  issued  for  the  sale  of  stocks  of  incorporated  institutions. 

From  the  proceeds  of  Auction  duties,  $20,000  are  annually  appro- 
priated fn-  the  improvement  of  the  harbor  of  Baltimore,  and  deepen- 
ing the  channel  in  Chesapeake  bay  and  Patapsco  river. 


JUDGES  OF  THE  SUPREME  BENCH— INCREASE  OF 

SALARY. 
The  Judges  of  the  Supreme  Bench  are  paid  $500  each,  by  the  City 
of  Baltimore,  in  addition  to  the  salary  of  $3500  paid  each  of  them  by 
the  State,  by  Ordinance  No.  5,  Dec.  1869. 
See  Constitution,  Article  4,  Section  31. 


REFERENCES. 


For  Police  Commissioners  of  Baliinmre  City, see  page  321 

For  Toljacco  Inspectors  and  SuiJeivisors, "  "  321 

For  State  Vaccine  Agent, "  "  309 

For  State  Wharfingers, "  "  335 

For  Weighers  of  Grain "  "  327 

For  Commissioners  of  Pharmacy,  &c "  "  331 

For  Weighmaster  of  Live  Stock. "  "  337 

For  Inspectors  of  Steam  Boilers "  "  311 

For  Weighers  of  Hay  and  Straw, "  "  3-15 

For  Baltimore  City  Coroners, "  •'  297 

For  Baltimore  City  Jurors "  "  283 

For  Collector  of  State  Taxes, "  "  305 


THE     LOCAL    LAWS 
RELATING  TO  COUNTY  OFFICERS. 


References  are  made  only  to  Acts  of  Assembly  passed  since  1861, 
the  date  of  the  Codification  of  the  Public  General  and  Public  Local 
Laws. 

ALLEGANY    COUNTY. 

Division  of  the  County. — The  Act  of  1872,  ch.  212,  provides  for  the 
formation  of  a  new  county  by  the  division  of  Allegany  county,  as 
therein  jjrescribed,  to  be  called  "Garrett  County."  See  pages  26o  to  271. 
The  County  Commissioners — are  live  in  number,  and  meet  on  the 
first  Monday  in  January,  April,  July  and  October.  They  are  author- 
ized to  appoint  a  County  Treasurer,  by  Act  of  1872,  ch.  94,  which 
prescribes  his  duties;  also  to  form  a  new  election  district  (No.  17) 
by  1872,  ch.  79,  and  also  to  abridge  or  enlarge  election  districts  by 
1872,  ch.  256 ;  also  to  have  the  custody,  or  may  appoint  a  custo- 
dian of  the  standard  of  weights  and  measures.  IVieir  Clerk — gives 
bond  in  $1000,  and  is  paid  not  over  $600  salary,  by  1868,  ch.  94. 
The  Suiteyor — may  charge  $5.00  per  day  for  his  services,  under 
warrants  of  survey  or  re-survey,  issued  from  the  Land  Office,  or  by 
order  of  the  Court,  by  1870,  ch.  179.  The  Constables — are  allowed 
six  and  a  quarter  cents  per  mile  for  every  mile  of  travel  over  four 
miles,  in  delivering  a  person  to  the  sheriff  for  commitment.  The 
Sheriff— \s  paid  eight  per  cent,  for  collecting  officers'  lees,  and  is  also 
entitled  to  fifty  cents  per  day  for  each  prisoner  committed  to  the  jail 
of  said  county,  and  one  dollar  for  each  prisoner  brought  out  to  court 
and  returned  to  jail,  and  the  following  sums  for  taking  convicts  to 
the  i^enitentiary,  to  wit:  when  a  single  convict  is  taken,  forty-five 
dollars;  when  two  together,  thirty  dollars  each  ;  when  more  than  two, 
twenty-five  dollars  each,  by  1868,  ch.  108.  The  Judges  and  Clerics 
of  Elections — are  paid  $2.00  per  day.  The  Crier — is  paid  $2.00  per 
day.  Witnesses — are  paid  $1.00  per  day,  and  those  who  reside  more 
than  five  miles  from  the  court,  are  paid  eight  cents  per  mile  for  once 
oing  to  court,  for  every  mile  exceeding  the  first  five  miles,  by  1864, 
ch.  104.  The  Superintendent  of  the  National  Road — is  appointed 
l)icnnially  by  the  Governor,  who  is  paid  $2.50  per  day  for  every  day 
actually  employed,  and  who  gives  bond  in  $1500.  The  salary  of  the 
toll  gatherer  at  the  gate  between  Frostburg  and  Cumberland,  and 
the  toll  gatherer  west  of  Frostburg  is  $125  per  year  each. 


o 


ANNE    ARUNDEL    COUNTY. 

TTie  County  Commissioners — are  seven  in  number,  and  are  exempt 
from  jury  duty.  The  Cfe?!-— gives  bond  in  $1000,  and  is  paid  such 
salary  as  the  Commissioners  may  allow.  The  Crier — in  addition  to 
his  fees,  receives  a  per  diem  equal  to  that  of  the  Bailiff.  The  Col- 
lected'— is  required  to  pay  the  taxes  collected,  on  the  first  Tuesday  of 


460  LOCAL   LAWS   RELATING   TO   COUNTY   OFFICERS. 

June,  September,  December  and  February,  in  each  year.  TTie  Keeper 
of  Weights  and  Measures — is  compensated  by  his  fees,  and  gives  bond 
in  $500.  The  Sheriff— is.  allowed  titty  cents  per  dav  for  keeping  and 
boarding  prisoners  by  1868,  ch.  170.  Justices  of  the  Peace  and 
Co7istahks— residing  in  the  county  proper,  liavc  no  jurisdiction  over 
citizens  of  Annapolis  within  its  limits,  and  no  Justice  of  the  Peace 
or  Constable  shall  have  any  jurisdiction  over  citizens  resident  oi  the 
county  whilst  within  the  limits  of  said  city.  The  number  of  Justices 
and  Constables  are  prescribed  by  the  Code  of  Local  Laws.  Boad  Su- 
pe7-vism-s—are  appointed  by  the  County  Commissioners,  who  are  di- 
rected to  lay  out  the  county  in  not  more  than  thirty  road  districts, 
with  one  Supervisor  for  each  district,  who  holds  for  one  year.  Salary 
$2.00  per  day,  when  employed.  They  are  to  make  general  repairs  of 
roads  twice  in  each  year,  prior  to  May  15th,  and  September  15th, 
and  to  report  semi-annually  in  June  and  November,  1870,  ch.  93, 
and  1872,  ch.  406,  and  18G7,  ch.  290.  Election  Precincts.— The  Com- 
missioners are  authorized  to  divide  the  election  districts  into  elec- 
tion precincts.  Registration  officers  are  to  register  the  voters  in 
said  precincts  separately,  and  Commissioners  are  to  appoint  sep- 
arate judges  of  election  lor  said  precincts,  &c,  by  1872,  ch.  163.  Jus- 
tices of  the  Pmceand  Constahles — are  appointed  as  follows  in  the  seven 
election  districts:  District  No.  1,  five  justices  and  three  constables; 
No.  2,  the  same;  No.  3,  the  same;  No.  4,  the  same;  No.  5,  four  jus- 
tices and  three  constables;  No.  6,  three  justices  and  two  constables; 
No.  7,  five  justices  and  three  constables.  The  jurisdiction  of  Justices 
of  the  Peace  extends  to  actions  of  damages  for  assault  and  battery, 
less  than  $100,  from  which  there  is  an  appeal  to  the  Circuit  Court  by 
1870,  ch.  434.  ^ 


BALTIMORE     COUNTY. 

The  County  Commissioners — are  three  in  number.  They  receive  a 
salary  of  $1000  per  year,  including  mileage,  and  are  required  to  give 
bond  in  $2500  each,  by  Act  of  1872,  ch.  371.  They  are  to  meet 
at  their  office  on  Tuesdays  and  Wednesdays  of  each  week,  and  to 
meet  daily  from  the  first  Tuesday  in  March,  until  after  the  annual 
levy  is  made,  for  the  transaction  of  public  business,  by  Act  of  1872, 
ch.  371.  See  1872,  ch.  366,  page  361.  Collectors  of  Taxes.— (See  State 
and  County  Taxes,  page  362.)  The  Commissioners  are  required  to 
divide  the  county  into  not  less  than  thirteen  collection  districts, 
and  appoint  a  collector  in  each  upon  the  first  Tuesday  in  May, 
who  are  to  give  bonds  in  the  full  sum  of  the  taxes  placed  in  their 
hands  for  collection.  Their  commission  is  not  less  than  two,  nor 
more  than  seven  per  cent.  The  Crier  receives  not  more  than  $2.00  per 
day,  to  be  fixed  by  the  Circuit  Court.  The  Election  Districts— are 
thirteen  in  numl)er.  The  first,  third,  seventh,  ninth,  eleventh  and 
twelfth,  are  divided  into  two  or  more  voting  precincts.  Judges  and 
Clerh— are  paid  $3.00  per  day ;  the  return  judges  who  reside  over  ten 
miles  from  the  court-house,  are  entitled  to  three  days  extra  pay,  other 
return  judges,  one  day  cxti-a  pay.  Three  Svpervisors  of  lioads— are 
appointed  by  the  County  Commissioners  at  their  first  meeting  in  Jan- 
uary, in  each  election  district,  for  two  years  from  January  1, 1874.    The 


LOCAL   LAWS   KELATING   TO   COUNTY  OFFICERS.  461 

Supervisors  constitute  a  Board,  one  of  whom  shall  be  desiijnated  by 
the  Cinniiiissioners  as  Chairman,  who  sliall  give  Ijond  in  $500.  Their 
pay  is  !fi..50  per  day,  when  employed. — 1870,  ch.  809.  Three  Street 
Commissioners — are  appointed  by  the  County  Commissioners  for  one 
year.  Their  duties  are  to  have  that  jjart  of  Baltimore  county,  not 
over  two  miles  from  the  Baltimore  city  lines  surveyed  and  laid  off 
into  streets,  hy  1870,  ch.  99.  Their  i)ay  is  the  same  as  the  County 
Commissioners.  See  Acts  of  1872,  chaps.  78  and  887,  in  relation  to 
their  duties.  The  Sherijf — is  paid  .$8.00  for  each  day  he  shall  attend 
the  Circuit  Court  in  person,  or  by  deputy — shall  also  receive  sixty-tive 
cents  per  day  for  keeping  and  boarding  each  prisoner,  and  shall  be 
allowed  by  the  County  Commissioners  such  further  compensation 
for  serving  attachments  and  bench  warrants,  and  performing  extra 
duty,  as  may  seem  to  them  right  and  proper. — 1873,  ch.  59.  The 
Keeper  of  Weights  and  Measures — receives  five  cents  for  each  weight 
and  measure,  and  ten  cents  for  each  scale  beam  tried  and  branded, 
stamped  or  marked  by  him.  The  Judges  of  the  Orphans''  Court — 
meet  on  Tuesday  and  Wednesday  of  each  week  at  ten  o'clock,  A.  M. 
and  continue  their  sessions  for  such  length  of  time  and  on  such  days 
as  in  their  judgment  the  public  interest  requires  them  to  do.  They 
receive  five  cents  per  mile  for  each  mile  traveled  by  them  in  going  to 
and  returning  therefrom.  The  Count;/  Treasurer — is  elected  at  each 
general  election.  His  salary  is  $1000  per  year,  and  his  bond  $20,000. 
State  Witnesses — receive  $1.00  per  day. 


CALVERT     COUNTY. 

The  Covnty  Commissioners — are  three  in  number;  they  appoint, 
every  two  years,  two  tax  payers  in  each  election  district,  who,  with 
one  of  the  County  Commissioners  in  each  of  the  three  districts,  con- 
stitute a  Board  of  Road  Commissioners  for  each  district :  they  con- 
tract to  keep  the  roads  in  repair.  If  no  bid  is  received  the  Board 
of  Road  Commissioners  employ  Supervisors  and  fix  their  salaries,  and 
the  pay  of  laborers,  &c. — 1872,  ch.  39  ;  they  are  authorized  to  redis- 
trict  or  increase  the  number  of  election  precincts  in  each  county. — 
1872,  ch.  77.  Their  Clerk— is  paid  $200  a  year,  salary,  and  gives  bond 
in  $1000.  Jurors— are  paid  $1.50  per  day— 1861,  ch.  34.  The  Crier- 
is  paid  $1.00  per  day— 1870,  ch.  328.  The  SherifT— receives  40  cents  a 
day  for  board  of  prisoners — 1862,  ch  265.  Justices  of  the  Penre — have 
jurisdiction  in  cases  of  assault  and  battery — 1870,  ch.  434.  There  are 
four  .Justices  of  the  Peace  and  two  Constables  in  each  district — 1869, 
ch.  93.  Trustees  of  the  Poor — are  api)ointed  by  the  County  Commis- 
sioners, and  are  paid  $2.00  for  every  day  they  are  emiiloyed. 


CARROLL    COUNTY. 

The  County  Commissioners — are  three  in  number.  The  Crier — is 
paid  $3.00  per  day — 1808,  ch.  20.  The  Election  Districts — are  twelve  in 
numl)er.  Judges  and  Clerks  of  Election — are  paid  $2.00  per  day.  The 
Shei-iff — is  paid  75  cents  per  day  for  board  of  each  prisoner — 1865,  ch. 
112.    Boads.—See  1863,  ch.  216  and  1868,  ch.  189.     The  Overseer  of 


463  LOCAL   LAWS   EELATIKG   TO   COUNTY    OFFICERS. 

tlie  AlmsJimise — is  employed  by  the  County  Commissioners,  ■who  are 
to  inspect  the  Ahnshouse  once  in  every  three  months.  Justices  of  the 
Peace — have  jurisdiction  in  cases  of  assault  and  battery  by  1870,  ch. 
434.  The  number  of  Justices  of  the  Peace  and  Constables  is  prescrib- 
ed by  1S72,  ch.  181.  The  Treasurer — is  elected  at  each  general  elec- 
tion who  is  also  clerk  to  the  County  Commissioners.  He  gives  bond 
in  $20,000.  Compensation  not  to  exceed  $800  per  year  to  be  fixed 
by  the  County  Commissioners. — 1872,  ch.  232. 


CAROLINE    COUNTY. 

The  County  Commissioners — are  three  in  number;  they  are  author- 
ized to  regulate  the  pul:)lic  roads  in  said  county — 1870.  ch.  479 ;  they 
may  appoint  their  Crier  at  50  cents  per  chxy.  The  Election  Districts — 
are  five  in  number — 1870,  ch.  54.  Judges  and  Clerks  of  Elections — are 
paid  §3.00  per  day.  The  Court  Crier — is  paid  50  cents  per  day.  The 
Sheriff — is  allowed  50  cents  per  day  for  keeping  prisoners — 1864,  ch. 
176  ;  and  50  cents  for  ironing  or  unironing  prisoners;  his  commission 
for  collecting  oihcers'  fees  is  8  per  cent.  Trustees  of  the  Poor — five  in 
number,  are  appointed  by  the  County  Commissioners  in  April  in  each 
year;  their  pay  is  $1.00  per  day,  and  same  mileage  as  jurors;  they 
appoint  in  July,  one  Overseer  of  the  Almsohuse.  JuUices  of  the  Pea,ce — 
have  jurisdiction  in  cases  of  action  for  damages  for  assault  and  battery, 
by  1870,  ch.  434;  their  number  is  fixed  by  1870,  ch.  49.  Jurors — are 
paid  $1.50  per  day,  and  mileage. 


CECIL     COUNTY. 

The  County  Commissioners — are  three  in  number.  Their  Cleric's — 
salary  is  $300  per  year,  and  certain  fees;  his  bond  is  $1000.  The 
Crier— is  paid  $4.00  per  day— 1807,  ch.  279.  The  pay  of  Crier  and 
Bailiffs — to  be  levied  in  advance,  l)y  1870,  ch.  404.  The  Sheriff — is 
l^aid  forty-five  cents  a  day  for  boarding  prisoners,  and  fifty  cents  each 
for  delivering  certificates  of  appointment  to  the  Trustees  of  the  Poor, 
and  eight  per  cent,  for  collecting  oflScers' fees.  The  five  Trustees  of  the 
Poor — are  paid  $1.00  per  day.  The  Overseer  of  the  Almshouse — has  a 
salary  not  exceeding  $200,  and  gives  bond  in  $500.  The  Election  Dis- 
tricts— are  nine  in  number.  Judges  and  Clerks  of  Elections — are  paid 
$3.00  per  day. 


CHARLES    COUNTY. 

The  Coiinty  Commissioners — are  five  in  number.  They  may  change 
the  lines  of  Election  Districts,  by  1870,  ch.  264;  the  number  of  Elec- 
tion  Districts  shall  not  be  less  than  six  nor  more  than  nine.  Their 
Cle)-¥s  salary  is  $250,  and  his  bond  $1000.  The  Sheriff— is  paid  50 
cents  per  day  for  boarding  prisoners — 1870,  ch.  135,  and  may  employ 
an  assistant,  by  1870,  ch.  435.  The  Trustess  of  the  Pwr— appoint  an 
Overseer  of  the  Almshouse  at  a  salary  of  not  more  than  $250,  Avho 
gives  bond  in  $500.     Heads,— The  County  Commissioners  may  divide 


LOCAL   LAWS   KELATING   TO    COUNTY   OFFICERS.  40;! 

the  county  into  Road  Districts,  and  appoint  supervisors  at  such  com- 
pensation as  they  may  prescribe  in  advance,  by  1870,  ch.  294;  they 
may  appoint  a  Superintendent  of  Koads,  Ibr  three  years,  at  a  salary  of 
not  less  than  $800  nor  more  than  $1200  per  year.  Justices  of  the  Peace 
have  jurisdiction  in  cases  of  assault  and  battery,  by  1870,  ch.  434  ; 
their  number,  and  that  of  Constables,  is  prescribed  by  1872,  ch.  155. 


DORCHESTER    COUNTY. 

TTie  County  Commissioners — are  three  in  number.  They  appoint  a 
Crier  at  $1.00  per  day,  and  also  a  Clerk,  who  acts  as  Treasurer,  whose 
salary  is  not  to  exceed  $1000.  He  gives  bond  in  d(Mible  the  amount 
to  be  received  and  disbursed — 1870,  ch.  449.  Tlie  ^fate's  Attorney — 
is  entitled  to  such  com])ensation  as  the  Judge  of  the  Circuit  Court 
may  think  just,  lor  liis  services  before  a  committing  magistrate,  not  to 
exceed  $150  for  any  one  year,  and  the  same  fees  for  criminal  trials 
before  magistrates  as  in  cases  before  tlie  Circuit  Court — 1870,  ch.  399. 
The  Election  Districts — are  fourteen  in  numl)er — 1864,  ch.  60  and  99. 
Judges  and  Clerks  of  Election — are  paid  $3.00  ])er  day.  The  Shei-iff — 
is  entitled  to  forty-tive  cents  per  day  for  boarding  each  prisoner — 1868, 
ch.  211.  He  receives,  on  executions  issued  to  a  Justice  of  the  Peace, 
the  same  fees  as  are  allowed  to  constaljles.  The  Supervisors  of  Roads — 
are  paid  $2.00  per  day.  The  Trustees  of  the''Poor — are  seven  in  num- 
ber, by  1862,  ch.  50.  An  Overseer  of  the  Almshouse  is  appointed  at 
a  salary  of  $200,  and  $500  bond,  by  1870,  ch.  70. 


FREDERICK    COUNTY. 

The  Covnty  Commissioners — are  five  in  numl^er,  by  1862,  ch.  62. 
The  Sherijf^\s  allowed  fifty  cents  per  day  for  boarding  prisoners,  by 
1865,  ch.  77.  The  Election  Districts — are  eighteen  in  nunil)er.  Judges 
and  Clerks  of  Elections — are  paid  $3.00  per  day.  Terms  of  Coxirt — are 
prescribed  by  1868,  ch.  7.  Trustees  of  the  Poor — five  in  number  are 
appointed,  who  are  paid  $2.00  per  day,  and  their  Clerk  $2.00  per 
day.  The  Oversea'  of  the  Poor — is  ai)pointed  annually,  in  February, 
with  such  salary  as  the  Commissioners  derm  reasonable;  his  bond  is 
$1000.  The  State's  Attw-ney— is  allowed  $30.00  for  the  trial  of  re- 
moved criminal  cases.  Jurors — are  paid  $1.50  jier  day.  Bailiffs — 
are  paid  $1.50  per  day,  and  at  the  end  of  the  term,  by  1872,  ch.  164. 
The  Door-keejiers  anil  Gate-keepers  of  the  court  room  are  also  paid 
$1.50  per  day.  Justices  of  the  Peace  and  Constables — have  their  num- 
ber prescribed  by  1S70,  ch.  276,  1872,  chapters  179  and  293. 


30 


GARRETT    COUNTY. 

See  New  Counties,  Act  of  1872,  ch.  212,  page  267. 


464  LOCAL    LAWS   RELATING   TO    COUNTY   OFFICERS. 

HARFOED    COUNTY. 

TTie  Covnty  Commissioners — are  five  in  number.  They  appoint  a 
Clerk  St  a  salary  of  $300,  who  gives  bond  in  $1000.  The  Commis- 
sioners act  as  Trustees  of  the  Poor,  and  appoint  an  Overseer  at  a  salary 
not  over  $'200,  who  gives  bond  in  $2000.  The  Crier — is  paid  $1.50 
per  day  in  addition  to  his  fees.  The  Judges  and  Clerks  of  Election — 
are  paid  $3.00  per  day.  The  Sheriff — receives  45  cents  per  day  for 
boarding  prisoners,  by  1868,  ch.  135,  and  $2.00  per  day  for  attend- 
ance upon  the  Circuit  Court.  The  Election  Districts — are  six  in  num- 
ber. The  Orphans''  Court — meets  on  the  first  Monday  and  Tuesday  of 
every  month  if  the  public  business  requires  it,  and  may  adjourn  from 
day  to  day,  not  exceeding  four  days  in  any  one  term,  by  1864,  ch.  245. 
The  Justices  of  the  Peace  and  Constables — are  prescribed  by  the  Act? 
of  1870,  chapters  83  and  131,  and  1872,  ch.  358.  A  Keeper  of  Weights 
and  Measures — may  be  appointed  by  the  County  Commissioners,  and 
the  duties  may  be  performed  by  their  Clerks,  who  shall  give  bond  in 
$500,  &c.  A  Physician  to  the  Jail — may  be  appointed  by  the  Sheriff, 
whose  salary  is  not  to  exceed  $100 — 1870,  ch.  417. 


HOWARD    COUNTY. 

The  County  Commissioners — are  three  in  number.  They  appoint  a 
Treasurer  and  Clerh,  at  a  salary  of  $800.  The  Sheriff — receives  not  over 
fifty  cents  per  day  for  boarding  jDrisoners.  He  is  allowed  $1.00  for 
every  prisoner  committed  to  jail ;  also  fifty  cents  for  every  warrant  de- 
livered bv  him  to  the  judges  of  election ;  also  $2.00  for  every  day's 
attendance  in  the  Courts,  by  1862,  ch.  246.  Collectors  of  Taxes — are 
allowed  four  per  cent,  for  collecting  State  and  county  taxes,  by  1872, 
ch.  373,  in  each  of  the  three  collection  districts  of  the  county,  by  1872. 
ch.  314.  7'he  Election  Districts — are  six  in  number,  by  the  Code,  and 
1868,  ch.  388.  Justices  of  the  Peace  and  Constables — are  prescril)ed  by 
the  Act  of  1870,  chajiter  9.  Trustees  of  the  Poor. — The  local  law 
of  Anne  Arundel  county  applies  to  Howard  county.  Supervisors  of 
Roads — one  for  each  of  the  twelve  road  districts  of  the  county  are  ap- 
pointed by  the  County  Cpmmissioners,  by  1868,  ch.  358. 


KENT     COUNTY. 


The  County  Commissioners — are  three  in  number.  They  pay  their 
Clerk  such  salary  as  they  think  proper.  The  Crier — receives  $2.00 
per  day  in  addition  to  his  fees.  The  Sheriff — is  entitled  to  50  cents 
per  day  for  boarding  each  prisoner.  The  Election  Districts — are  three 
in  number.  The  'Trustees  of  the  Poor — are  three  in  numl)er,  one  from 
each  election  district;  their  pay  is  $2.00  per  day.  They  api)oint  an 
Overseer  at  a  salary  of  not  more  than  $200  per  year;  his  bond  is  $500. 
They  meet  the  first  week  in  January,  May,  August  and  November. 
Juntices  of  the  Peace — The  Act  of  1870,  ch.  -134,  applies  to  Kent  county. 
The  Slate's  Attorney — receives,  for  services  belore  committing  magis- 


LOCAL   LAWS   KELATING   TO   COUNTY   OFFICERS.  465 

trates,  such  sum  as  tlic  Judges  of  tlic  Circuit  (/ourt  may  allow,  not  ex- 
ceeding $150  per  year.  For  all  criminal  cases  tried  in  the  Circuit 
Court,  in  addition  to  the  trial  fees  allowed  by  law,  the  Jnritres  of  the 
Circuit  Court  may  allow  such  fees  as  they  think  proper — 1870,  ch.  2(31. 


MONTGOMERY    COUNTY. 

The  County  Commissioners — are  five  in  nuinlx-r.  Their  Chrl- — is 
paid  $2.00  per  day,  and  such  additional  coni])cnsation  as  they  may 
allow.  They  appoint  three  Commissioners  for  Koekville.  The  Crier— 
is  paid  such  sum  as  the  Commissioners  may  allow.  The  Sheriif—\9, 
paid  forty  cents  per  day  for  boarding  prisoners,  by  18(54,  ch'.  288. 
The  Cleric — of  the  Circuit  Court  may  place  fees  due  officers  in  the  hanrls 
of  the  Sheriff  any  time  before  March  1st,  and  they  shall  account  for 
and  pay  over  the  same  within  nine  months,  by  1872,  ch.  10.5.  Tlie 
Election  Districts — are  five  in  number.  Judges  and  Clerh  of  Election — 
are  paid  $8.00  per  day.  The  Trustees  of  the  Poor — are  five  in  number, 
they  are  paid  $8.00  per  day,  and  five  cents  mileage  from  residence 
only.  They  appoint  an  Overseer  at  a  salary  of  $200,  who  gives  bond 
in  $500.  A  S>jpe7-vis0}'  of  Boads — is  appointed  by  the  County  Com- 
missioners for  each  road  district,  whose  j^er  diem,  &c.,  is  determined 
by  them — 1870,  ch.  187.  Justices  of  tlie  Peace  and  Constables — are  ap- 
pointed under  1872,  ch.  8. 


PRINCE  GEORGE'S  COUNTY. 

The  County  Commissioners — are  five  in  number.  Their  Clerh  is 
paid  $300  per  year,  and  gives  bond  in  $1000.  The  Criei- — is  paid 
$80  per  year,  in  lieu  of  all  fees.  The  County  Treasurer — is  a])])ointed 
by  the  Act  of  1872,  ch.  294,  for  three  years,  ending  in  April,  1875,  after 
which  he  is  to  be  appointed  by  the  County  Commissioners  on  the 
second  Tuesday  in  April,  for  five  years.  He  is  the  collector  of  State 
and  county  taxes,  and  gives  bond  in  $50,000.  21w  Clerk  to  the  County 
Commissioners — is  paid  $400  additional  for  performing  the  duties  re- 
quired of  him  by  this  Act.  The  Sheriff — is  i);iid  forty  cents  per  day 
for  boarding  prisoners;  $2.00  per  day  for  attending  the  Orphans' 
Court,  and  fifty  cents  for  delivering  certificates  of  appointment  of 
Trustees  of  the  Poor,  and  not  over  $25  for  taking  each  convict  to 
the  penitentiary — 1872,  ch.  280.  TJie  Election  Districts — are  eleven  in 
number,  1868,  ch.  262  and  1873,  ch.  367.  Judges  and  Clerics  of  EUc- 
tion — are  paid  $3.00  per  day.  Justices  of  the  Pea^x — have  juris'diction 
in  cases  of  afesault  and  battery — 1870,  ch.  434.  The  number  of  Jus- 
tices of  the  Peace  and  Constables  is  prescribed  by  Art.  16,  sec.  69,  P. 
L.  L.,  1868,  ch.  262  and  1872,  ch.  367.  The  State's  Attorney— receives 
$15  in  each  case  in  which  he  appears  for  the  State,  in  addition  to  the 
legal  appearance  fee — 1872,  ch.  436.  Supervisors  of  Poods— are  ap- 
pointed by  the  Circuit  Court  of  the  county  for  one  year,  and  are  paid 
$2.50  for  each  day  employed.  The  Trustees  of  the  Poor — seven  in 
number,  are  apjiointed  by  the  County  Commissioners,  who  designate 
two  of  their  number  as  an  E.xecutive  Committee,  who  are  paid  $2.00 
for  every  day  employed.  They  appoint  an  Overseer,  whose  salary  is 
$225  per  year,  and  his  bond  $500. 


466  LOCAL    LAWS   RELATrNG   TO   COUNT\    OFFICERS- 

QUEEN    ANNE'S    COUNTY. 

TTie  County  Commissioners — are  three  in  number.  Their  Clerh  is  paid 
not  over  $400,  and  gives  bond  in  $1000;  and  is  allowed  the  usual 
fee  of  a  justice  of  the  peace  for  administering  an  oatli,  itc,  to  claims 
against  the  county. — 18G6,  ch.  136.  A  Keeper  of  Vt'eights  and  Mea- 
sures— is  appointed  by  the  Commissioners,  who  alldwhim  a  just  com- 
pensation for  his  services,  and  in  addition  thereto,  the  Clerk  to  the 
Commissioners,  in  his  absence,  shall  charge  the  owner  ten  cents  for 
each  weight  and  measure,  and  fifteen  cents  ibr  each  scale,  &c.,  marked 
or  stamped.  The  Crier — is  paid  .$2.00  per  day,  and  the  Crier  of  the 
Orphans"  Court.  $1.50  per  day.  The  Sherijf-~h  paid  eight  per  cent,  for 
collecting  officers'  fees.  The  Election  Districts — are  live  in  number. 
The  Trustees  of  the  Poor — are  a  corporate  body.  They  appoint  an 
Overseer,  whose  salary  is  not  over  $200,  and  his  bond  $-500.  Roads — 
No  person  shall  erect  a  gate  on  any  public  road  in  the  county,  and  all 
existing  gates  removed  by  April  1st,  1871.  Justices  of  the  Pence — have 
civil  jurisdiction  in  cases  of  assault  and  battery  by  1870,  ch.  434. 
The  number  of  Justices  and  Constables  is  prescribed  by  1868,  ch.  10. 


ST.    MARY'S    COUNTY. 

The  County  Commissioners — are  live  in  number.  The  Trustees  of  the 
Almshouse— &Te  paid  $2.00  per  day.  and  mileage  by  1867.  ch.  260.  Tliey 
appoint  an  Overseer,  who  gives  bond  in  $500.  The  Collector  of  Taxes — 
is  paid  ten  per  cent,  on  amount  of  collecting,  not  to  exceed  $800.  The 
Sheriff— is  paid  sixty  cents  for  boarding  prisoners  by  1868,  ch.  309 ;  and 
eight  per  cent,  for  collecting  officers'  fees.  The  Election  Districts — are 
six  in  number.  Justices  of  the  Peace  and  Constahles—have  their  number 
prescribed  by  Sec.  37,  P.  L.  L.  and  1867,  ch.  208. 


SOMERSET     COUNTY. 

The  County  Commissioners — are  three  in  number,  by  1868,  ch.  77. 
Their  pay  is  $2.50  per  day  and  mileage.  Their  Clerk  is  paid  $300  per 
year  and  gives  bond  in  $2000.  He  is  paid  25  cents  for  certiiicate  to 
Trustees  of  the  Poor.  The  Shei-ijf—is  paid  forty  cents  per  day  for 
boarding  prisoners,  by  1865,  ch.  198.  The  Election  Districts — are  nine 
in  number,  by  1868,  ch.  82.  Justices  of  the  Peace  and  ConstahJes — have 
their  number  establislied  by  1872,  ch.  57.  Three  Trustees  of  the  Poor — 
are  ap])ointcd,  who  are  paid  $2.00  per  day.  They  appoint  an  Overseer, 
at  a  salary  not  over  $200,  who  gives  bond  in  $500.  A  ISotary  Piihlic — 
is  appointed  by  the  Governor,  in  Princess  Anne,  by  1870,  ch.  76.  The 
State's  Attorney — is  to  present  a  statement  of  his  work  to  the  .Judge  or 
Judges  of  the  Court,  who  are  to  fix  the  compensation,  but  not  to  bind 
the  County  Commissioners. 


TALBOT     COUNTY. 

The  County  Commissioners — are  three  in  number.  Their  salary  is 
$2.50  per  day,  and  mileage.  Their  Clerh  has  a  salary  of  $250,  and 
gives  bond  in  $1000.  The  Trustees  of  the  Poor — are  five  in  number; 
they  are  to  be  appointed  by  the  County  Commissioners  in  1868,  and 


LOCAL    LAWS    RKLATING    TO    COUNTY   OFFICKliS.  4G7 

every  second  year  thereafter,  by  ISfiS,  cli.  99.  Tliey  iiiny  a])point  an 
Overneer,  and  allow  liini  sucli  (•(unix.'iisation  as  tliey  may  lliii.k  jji'opcr. 
He  siiall  irive  bond  in  $o()0.  The  Ilarhm-  Master  oi  Si.  Mi('liaels— is 
ap])<))nted  by  the  Comniissioners  of  said  town,  by  bSOS,  ch.  2()0. 
The  Crier — is  paid  fo.OO  ])er  day,  wlien  employed,  by  1873,  ch.  421. 
JuHtices  of  the  Peace — have  civil  jurisdiction  in  cases  of  assault  and 
battery,  by  1872,  ch.  434.  The  number  of  Justices  and  Constables  is 
fixed  by  sec.  93  of  the  Local  Code,  and  1867,  ch.  13. 


WASHINGTON"     COUNTY. 

The  County  Commisftioners — are  tive  in  number.  Tlieir  C7<'7-X- has  a 
salary  not  to  exceed  ^500;  his  bond  is  $1000,  by  1«70,  ch.  222.  They 
annually  appoint  a  County  Treasurer,  who  gives  bond  in  double  the 
amount  of  taxes  to  be  received  by  him  ;  his  salary  is  not  to  exceed  $1500 
per  year.  Tlie  Crier— i?.  paid  |2.50  per  day,  by  1870,  ch  180.  The 
Shen'jr—is  paid  twenty  cents  per  day  for  boarding  each  ])risoner.  The 
Election  Districts— are  sixteen  in  number — 1872.  ch.  44.  The  Judges  and 
Clerks  of  Election— are  paid  $3.00  per  day.  The  Trustees  of  the  Poor — 
are  three  in  number,  and  are  appointed  in  Marcli.  Tlieir  ])ay  is  $30 
per  year.  The  Overseer's  salary  is  not  to  exceed  $300 ;  his  bond  is 
$500. 

WICOMICO    COUNTY. 

Wicomico  County  was  formed  out  of  parts  of  AVorcester  and  Somer- 
set Counties,  under  the  provisions  of  the  13th  Article  of  the  Consti- 
tution, and  went  into  existence  on  the  18th  of  September,  1867.  Its 
County  seat  is  Salisbury.  See  Const.,  Art.  XIII,  Sec.  2d,  pages  265-'7. 
The  Courdy  Commissioners- — are  five  in  number.  Tlieir  ClerFs  salary 
is  $400,  and  requires  bond  in  $1000,  l)y  1872,  ch.  3LI7.  The  Election 
Districts— ure  ten  in  number,  by  1867,  ch.  63  and  1868,  ch.  24.  Jus- 
tices of  the  Peace  and  Constables — are  fixed  by  1868,  chs.  12  and  257. 
I'he  State's  Attorney — may  liave  trial  fees  allowed  him  by  any  one  of 
the  Judges  of  the  Court,  who  approves  his  accounts  tliereior.  V/it- 
nesses — are  allowed  seventy-five  cents  per  day,  and  four  cents  mile- 
age—1870,  ch.  197.  Trustees  of  the  Pom-—&re  three  in  number.  Theij- 
Clerk  is  paid  at  the  discretion  of  the  County  Commissioners.  The 
Overseer — gives  bond  in  $500.  His  compensation  and  that  of  the  Phy- 
sician is  fixed  by  the  Trustees — 1870,  ch.  87. 


WORCESTER     COUNTY. 

The  County  Commissioners— slyq  five  in  number.  Their  Cleric  has  a 
salary  of  $350.  Election  Dititr ids — are  eight,  in  number.  Judges  and 
Clerks  of  Election — are  paid  $3.00  per  day,  and  the  return  judtres,  6^ 
cents  mileage — 1868,  ch.  80.  The  S}icrifl'—\%  pa^d  40  cents  per  day  for 
boarding  each  prisoner — 1870,  ch.  163.  Wrechmaster — see  ]iages  234-'6. 
Trustees  of  the  Poor — are  three  in  number.  They  appoint  a  Phvsician 
and  Overseer.  The  Overseer  gives  bonfl  in  $500.  21ie  State's  At- 
torney's Fees—?ir(i  regulated  by  1870,  ch.  350.  Justices  of  the  Peace  and 
Constables — their  number  is  fixed  l)y  186S,  ch.  69.  One  additional  Jus- 
tice in  Districts  Nos.  2  and  8  is  appointed  by  1S70,  ch.  55.  The  Jus- 
tices have  jurisdiction  in  cases  of  assault  and  battery,  by  1870,  ch.  434. 


468 


JUSTICES  OP  THE  PEACE  AND  CONSTABLES. 


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I 
THE  PUBLIC  OFF ICERS  OF  MAIIYLA:XD. 

IN  ALL  DEPARTMENTS. 


Tlie  piihlic  officers  of  the  Siate.  including  the  Elective  and  Ajypointed 
Officerii.  in  all  the  Departments  of  the  State  Qoternrneni^  and  in  the  Coun- 
ties and  the  City  of  Baltimore,  are  as  follows : 

EXECUTIVE     DEPARTMENT. 

'[See  pages  33  to  51.] 

Goternor. 

His  Excellency,  James  Black  Groome.  of  Cecil  County. 

Elected,  February  4th,  by  the  General  Assembly,  for  the  unexpired 
term,  (ending  January  13th,  1876.) 

His  Excellency,  Wm.  Pixknet  Whyte,  who  resigned  February  4th, 
to  take  eflVct  ^larch  4th.  1S74,  and  was  elected,  January  21st,  United 
States  Senator  lor  six  years  trom  March  4th,  1875. 

Secretary  of  State. 

R.  C.  HoLLiDAY,  of  Talbot  County. 
Appointed  April  4th,  1873,  in  place  of  J.  Thomson  Mason,  deceased. 

Executive  Messenger. — Samuel  "W.  Brooks,  of  Annapolis. 


MILITARY    APPOINTMENTS. 

[See  page  255.] 

The  following  Officers  on  the  Governor's  Staff  were  appointed  by 
Governor  Groome,  in  1874: 

Adjutant  General. — Major  General  Frank  A.  Bond. 
Inspector  General. — Brigadier  General  Andrew  G.  Chapman. 
Judfje  Advocate  General. — Brigadier  General  Ferdinand  C.  Latrobe. 
Quartermaster  General. — Brigadier  General  Andrew  G.  Pennington. 
Commissary  General. — Brigadier  General  Gilmor  Meredith. 
Paj/master  General. — Brigadier  General  George  S.  Brown. 
Chief  Engineer. — Brigadier  General  Edmund  L.  F.  Hardcastle. 
Syrgeon  General. — Brigadier  General  William  H.  Grimes. 
Chief  of  Ordnance. — Brigadier  General  Thomas  W.  Campbell. 
Chief  of  Artillery. — Brigadier  General  James  Howard. 
Chief  of  Cavalry. — Brigadier  General  John  F.  Lee. 


LEGISLATIVE    DEPARTMENT. 


THE    GENEBAL    ASSEMBLY    OF    MARYLAND. 

[See  pages  53  to  84,] 
Elected  November  4th,  1873,  for  two  years. 


SENATE.     , 

Allegany  County. — Thomas  McCulJough. 
Anne  Arundel  County. — W.  H.  Tuck. 
Baltimore  County. — T.  Sturgis  Davis. 
Baltimo7'e  City,  First  District. — John  R.  Blake. 
Baltimoi'e  City,  Second  District.— F.  P.  Stevens. 
Baltimore  City,  Third  District. — Isaac  M.  Denson. 
Calvert  County. — Henry  Williams. 
Caroline  County. — Daniel  Fields. 
Carroll  County. — John  K.  Longwell. 
Cecil  County. — Wm.  M.  Knight. 
Charles  County. — *  George  D.  Mudd. 
Dorchester  County. — Francis  P.  Phelps. 
Oari'ett  County. — William  P.  Getty. 
Frederick  County. — *  Dr.  Lewis  H.  Steiner. 
Harford  County. — John  Carroll  Walsh. 
Howard  County. — John  Lee  Carroll. 
Kent  County. — George  W.  Spencer. 
Montgomery  County. — Dr.  Nicholas  Brewer. 
Prince  Oeorge^  County. — *  S.  Taylor  Suit. 
Queen  Anne''s  County. — James  T.  Earle. 
8t.  Mary^  County. — Chapman  Billingsley. 
Somerset  County. — Robert  F.  Brattan. 
Talhot  County.— Edwdvd  Lloyd. 
Washington  County. — Z.  S.  Claggett. 
Wicomico  County. — A.  J.  Crawfijixl. 
Worcester  County. — Wm.  J.  Aydelott. 

The  Senators  from  Allegany,  Caroline,  Cecil,  Charles,  Dorchester, 
Garrett.  Ilarl'ord.  Montgomery,  Prince  George's,  St.  Mary's,  Talbot  and 
Worcester  counties,  and  the  Second  Legislative  District  from  Balti- 
more city,  were  elected  in  ISTSl,  i()r  four  years.  The  other  Senators 
liold  over  two  years.  Those  names  marked  with  a  star  arc  Repub- 
licans. 

The  Senator  from  Somerset  was  elected  for  two  years,  to  fill  the  un- 
expired term  of  George  R.  Dennis,  elected  to  the  United  States  Senate. 


LEGISLATIVE    DEPARTMENT.  471 

HOUSE     OF    DELEGATES. 

Allegany  County.— *C.  B.  Wack,  *John  Weir,  *Wm.  Bruce,  Jr.,  and 
*James  Park. 

Anne  Arundel  County.— Dr.  E.  J.  Hcnkle,  George  W.  Nutwell  and 
James  S.  Kol)inson. 

Baltimore  City,  First  District.— Thomas  McCosker,  Tlios.  H.  Ham- 
ilton, John  II.  Cooper,  Cliarles  H.  Hamilton,  John  J.  McWilliams,  J. 
Nelson  Foster. 

Seccmd  District.— John  Stayhir.  Jr.,  William  E.  Stewart,  Charles  J. 
McAleese,  John  Gill,  Jr.,  Henry  B.  Hart,  Henry  E.  Loane. 

Third  District— Aquilla  H.  Greenfield,  James  McColgan,  Bernard 
L.  Harig,  Eugene  T.  Joyce,  Jacob  Groh,  Jolin  J.  Fenton. 

Baltimore  County.— Uohert  Fowler,  John  Merryman,  Chas.  A.  Bu- 
chanan. D.  M.  Mathews,  Lewis  Turner.  Jr..  AVm.  8.  Keech. 

Caroline  County.— J.  F.  Dawson,  *Jolin  H.  Williams. 

Ca.lvert  County.— *Dr.  John  Turner,  *Dr.  Samuel  K.  Bird. 

Carroll  County.— Br.  S.  R.  Waters,  Henry  Vanderford,  Thomas  C. 
Brown  and  Henry  Gait. 

Cecil  County.— James  B.  Groome,  James  Turner,  James  A.  Mackey. 

Charles  County.— *D.  W.  Hawkins,  *F.  M.  Lancaster. 

Dorchester  Coimty.— James  J.  M.  Gordy,  Oliver  P.  Johnson,  Eugene 
Hodson. 

Frederick  County.— *Joh  B.  Miller,  *Andrew  Annan,  *John  A. 
Koons,  *Lewis  Lamar  and  *John  L.  Nicodcmus. 

Oarrett  County.— *E.  H.  Glotfelty,  R.  J.  West. 

Harford  County .—Oi\\o  S.  Lee,  Nathan  Grafton,  Dr.  David  Riley. 

Hoicard  County. — Littleton  Maclin  and  Claudius  Stewart. 

Kent  County. — Jesse  K.  Hines,  Samuel  A.  Merritt. 

Montgomery  County.— John  T.  Fletchall,  Greenbury  M.  Watkins, 
Oliver  H.  P.  Clark. 

Prince  George's  County.— '^A..  Van  Robey,  *Latimer  A.  Etchison, 
*Wm.  A.  Latchford. 

Queen  Anne's  County.— J.  West  Thomjison,  Jr.,  Tlx^s.  H.  Kemp,  Sr. 

Somerset  County.— *E.  F.  Duer,  *\Vm.  Coulbourn,  John  S.  Sadler. 

St.  Mary's  County.— R.  Johnson  Colton,  Thomas  H.  Bond. 

Talhot  County.— *Wm.  H.  Valliant,  Joseph  B.  Seth,  i.  d. 

Washin/jton  County.— George  Freauer,  W.  H.  Grimes,  Alonzo  Berry, 
A.  K.  Stake. 

Wicomico  County.— Vim.  J.  Leonard,  i.  d.,  James  L.  Bedsworth. 

Worcester  County.— Alfred  J.  Merrill,  i.  d.,  Wm.  C.  Pruit,  i.  d. 

♦Those  marked  with  a  star  are  Republicans. 

VACANCIES  —  Cecil  Couxtt— James  B.  Groome  having  resigned,  Fehrnary  4, 
James  A.  Davis  was  elected  February  JiSth,  and  qualified  February  25lli,  to  fill  the 
vacancy. 

Baltoiore  CdrxTT.— Rob-rt  Fowler,  haviiicr  deceased  March  3.  Andrew  Banks 
was  elected  March  18th,  and  qualified  March  ■,'od,  to  fill  the  vacancy. 

Washington  County.— George  Freaner  resigned  March  6. 

ERRATA.— The  name  of  the  Senator  from  Allegany  conuty,  is  Thomas  G.  Mc- 
Cullou::h;  from  Carrelt  county,  ^yilliam  B.  Getty.  In  the  House,  the  name  of  the 
member  from  Ailegany,  should  be  Wm.  Brace,  jr:  from  Baltimore  city,  Charles  B. 
Hamilton:  from  Fitderick,  Job  M.  Miller:  from  Worcester,  Alfred  Z).  Merrill. 

For  names  of  Legislative  Oflicers,  see  Appendix. 


472  JUDICIARY   DEPARTMENT. 


THE    JUDICIARY    DEPARTMENT. 

[See  pages  85  to  147.] 

COURT    OF    APPEALS. 

Chief  Judge:  Hon.  James  Lawrence  Bartol.  Associate  Judges-' 
Hon.  Jas.  Augustus  Stewart,  Hon.  J.  Mitchell  Robinson,  Hon.  Ricli'd 
Grason,  Hon.  Richard  Heniy  Alvey,  Hon.  Oliver  Miller,  Hon.  *Richard 
Johns  Bowie,  Hon.  George  Brent. 

Chief  Cleric. — James  S.  Franklin,  re-elected  November,  1873,  for  six 
years. 

Terms  of  Court:  First  Monday  in  April  and  October. 

Attorney  General:  Hon.  Andrew  K.  Syester,  elected  for  four  years 
from  Nov.  1871.     [See  page  195.] 

State  Reporter:  J.  Shaaff  Stockett.    [See  page  91.] 


THE     CIRCUIT     COURTS,     1874. 
First  Judicial  Circuit. 

[  Worcester,  Somerset,  Dorchester  and  Wicomico  Counties.} 

Hon.  James  A.  Stewart,  Chief  Judge. 

Hon.  J.  R.  Franklin  and  Hon.  Levin  T.  H.  Irving,  Associate  Judges. 

Terms  of  Court. 

Worcester  County. — Snow  Hill. — Third  Monday  in  January, 
May  and  July,  and  Fourth  Monday  in  October. 

Somerset  Cov^ty.— Princess  Anne. — Second  Monday  in  .January, 
April.  July  and  October. 

Dorchester  County. —  Camhridge. — Fourth  Monday  in  January, 
July  and  April,  and  Second  Monday  in  November. 

Wicomico  County. — Salisbury. — First  Monday  of  January  and 
July,  and  Fourth  Monday  of  March  and  September.  Juries  sum- 
moned to  March  and  September  terms  and  to  other  terms  when  a 
majority  of  the  Judges  shall  direct. 

Second  Judicial  Circuit. 

\CaToline,  TnJbot,  Queen  Anne's,  Kent  and  Cecil  Counties.'] 

Hon.  John  M.  Robinson,  Chief  Judge. 

Hon.  Joseph  A.  Wickes  and  Hon.  Fred'k  Stump,  Associate  Judges. 

Terms  of  Courts 

Caroline  County. — Denton. — Second  Monday  in  January,  March 
and  July,  and  First  Mondny  in  October. 

Talbot  County. — Easton. — Third  Monday  in  May  and  November. 

Queen  Anne's  County. — Centreville. — First  Monday  in  May  and 
November. 

Kent  County. —  Chestertoion. — Third  Monday  in  April  and  October. 

Ckcil  Co-vstY.—KUton. — Second  Monday  in  January,  First  Mon- 
day in  April,  and  Third  Monday  in  September. 
*  Elected  November,  1871. 


judiciary  department.  473 

Third  Judicial  Circuit. 
[Baltimore  and  Harford  Counties.'] 
Hon.  Richard  Grason,  Chief  .Judge. 
Hon.  George  Yellott  aud  *Hon.  Jas.  D.  Watters,  Associate  Judges. 

Terms  of  Court. 

Baltimore  County. —  Toxrsontown. — First  ^Monday  in  March,  Third 
Monday  in  May,  Second  Monday  in  September,  and' First  Monday  in 
December. 

Harford  County. — Bel  Air. — Second  Monday  in  February,  Second 
Monday  in  May,  and  Second  Monday  in  November. 

Fourth  Judicial  Circuit. 

[Allegany,  Washington  and  Garrett  Counties.'] 

Hon.  Richard  H.  Alvey,  Chief  Judge. 

Hon.  AVilliam  Motter  and  *Ilon.  Geo.  A.  Pearre,  Associate  Judges. 

Terms  of  Court. 

Allegany. —  Cuniberland. — 1st  Monday  in  Jan.  and  2d  Monday  in 
Apl.  and  Oct.  with  Juries.  Six  Chancery  Terms;  1st  Monday  in  .Jan., 
3d.  Monday  in  Feb.  and  2d  Monday  in  Apl.,  June,  Aug.,  and  Oct. 

Washington. — Hagei-stoitn. — 2d  Mon.  inFel).  and  May  and  3d  Mon. 
in  Nov.;  six  equity  terms — 1st  Mon.  in  April.  2d  Mon.  in  May,  4th 
Mon.  in  July,  3d  Mon.  in  Sept.  and  Nov.,  and  2d  Mon.  in  Feb. 

Garrett. — Oakland. — 3d  Monday  in  Mar.  and  2d  Monday  in  Sept. 
with  Juries;  six  equity  terms — 3d  Monday  in  Jan.,  Mar.,  May,  July, 
and  2d  Monday  in  Sept.  and  Nov. 

Fifth  Judicial  Circuit. 

[Anne  Arundel.  Carroll  and  Howard  Counties.'] 

Hon.  Oliver  Miller,  Chief  Judge. 

Hon.  Edw.  Hammond  and  Hon.  W.  M.  Hayden,  Associate  Judges. 

Terms  of  Court. 

Anne  Arundel  Cov^t^.— Annapolis.— T'h.udi  Monday  in  April 
and  Third  Mondav  in  October. 

Carroll  County.— TVes^mms^er.— Second  Monday  in  May  and 
Noveml  er. 

Howard  Qovst:y. —Elliwtt  Ciiy.— Third  Monday  in  March  and 
First  Monday  in  September. 

Sixth  Judicial  Circuit. 
[Frederick  and  Montgomery  Counties.'] 

*Hon.  Richard  J.  Bowie,  Chief  Judge. 

Hon.  W.  Veirs  Bouic  and  lion.  John  A.  Lynch,  Associate  Judges. 

Terms  of  Court. 
Frederick  County. — Frederick. — Third  Monday  in  February  and 
SejUfmbcr,  and  Second  Monday  in  May  and  December. 

MoNVGOMERY  CovsTW—IiockvUle. — First  Monday  in  February  and 
Second  Monday  in  August. 

♦Elected  November,  1871. 


474  judiciary  department. 

Seventh  Judicial  Circuit. 

[Prince  George's,  C harks,  Calvert  and  St.  Mary's  C&ixnties.] 
Hon.  George  Brent,  Chief  Judge. 
Hon.  Robert  Ford  and  Hon.  Daniel  R.  Magruder,  Associate  Judges. 

Terms  of  Court. 

Prince  George  County. —  Upper  Marlhorough. — First  Monday  in 
April  and  October,  and  Third  Monday  in  January  and  June. 

Charles  County.— PorJ  Tobacco. — Third  Monday  in  February, 
May,  July  and  November. 

Calvert  County. — Prince  Fredericlc. — First  Monday  in  May,  July 
and  February,  and  on  Wednesday  next  after  Fii-st  Monday  in  No- 
vember. 

St.  Mary's  County. — Leonardtoton. — Third  Monday  in  March  and 
September,  and  First  Monday  in  June  and  December. 

Eighth  Judicial  Circuit. 
{City  of  Baltimore.'] 
The  Stipreme  Bench. — *Hon.  Geo.  Wm.  Brown,  Chief  Judge;  Hon. 
George  W.  Dobbin,  Hon.  Henry  F.  Garey,  Hon.  Campbell  W.  Pink- 
ney  and  Hon.  Robert  Gilmor,  Jr.,  Associate  Judges. 

The  Judges  of  the  Supreme  Bench  of  Baltimore  City  are  assigned 
to  the  following  Courts : 

Svperior  Court. — Judge  Dobbin  with  Judge  Garey  to  assist. 

Court  of  Common  Pleas. — Judge  Garey  with  Judge  Dolfbin  to  assist. 

Criminol  Court. — .Judge  Gilmor  with  Judge  Dobbin  to  assist. 

Circuit  Court. — .Judge  Pinkney  with  Judge  to  assist. 

Baltimore  City  Court. — Judge  Brown  with  Judge to  assist. 

Terms  of  Court. 

City  op  Baltimore. — The  Superior  Court,  Court  of  Common  Pleas, 
Criminal  and  City  Courts  commence  their  terms  on  tlie  Second  Mon- 
day in  January,  May  and  October.  The  terms  of  the  Circuit  Court 
are  Second  Monday  in  May,  September,  November  and  January;  and 
the  Second  ^londay  of  March  and  July  shall  be  return  days.  The 
Orphans'  Court  is  in  session  every  day,  except  Sundays,  from  11 
o'clock,  A.  M.,  to  1  o'clock,  P.  M. 


For  Clerks  of  Courts see  ])ages  118  to  131 

For  Orphans' Courts '•  "  147  to  155 

For  Registers  of  Wills "  "  ir>4  to  161 

For  J ustices  of  the  Peace "  ''  IGl  to  176 

For  Constables "  "  17(i  to  182 

For  SlKTills "  "  182  to  195 

For  Attorney  General "  "  V.)T)  to  197 

For  State's  Attorneys "  "  197  to  203 

Tlie  names  of  the  above  officers  are  in  the  lists  of  county  officers. 

♦Elected  October,  1873,  in  place  of  Chief  Judge  Scott,  deceased. 


EXECUTIVE    GENEKAL    APl'OIKTMENTS.  475 

THE    TREASURY    DEPARTMENT. 

[See  pages  203  to  219.] 

STATE    COMPTROLLER. 

Hon.  Levin  Woolforr],  of  Somerset  county,  elected  November  4, 1873. 
for  two  Years,  from  .January  17,  1874. 

Chief  Clerk.— Thom&a  G.  Woolford.  Assistant  Clerks. — Roger  Wool- 
ford,  R.  M.  Betts,  J.  J.  Waddell. 

Insurance  Commissioner, — Charles  A.  Wailes,  of  Baltimore  city. 


STATE    TREASURER. 

Hon.  Barnes  Compton,  of  Charles  county,  elected  by  the  General 
Assembly,  February,  1874,  for  two  years,  from  February  10,  1874. 
Chief  C7er/c.— William  Camden,  of  Annapolis. 
CUik. — Robert  W.  Bowie,  of  Prince  George's  county. 


SUNDRY  OFFICERS  UNDER  THE 
CONSTITUTION. 

STATE    LIBRARIAN. 

[See  pages  219  to  233.] 

John  T.  Magruder,  of  Prince  Georges  county,  appointed  by  Gov- 
ernor Whyte,  in  1872,  to  hold  office  during  the' term  of  the  Governor. 


COMMISSIONER  OP  THE  LAND  OFFICE. 
[See  pages  223  to  231.] 

Wm.  R.  Hayward,   of  Dorchester  county,  appointed  by  the  Gov- 
ernor in  1872,  to  hold  office  during  the  term  of  the  Governor. 
Clerks. — George  H.  Schaefter  and  Richard  H.  Welsh. 


EXECUTIVE   GENERAL  APPOINTMENTS. 

The  following  officers  were  appointed  by  the  Governor  in  1874,  for 
two  years,  from  the  first  Monday  in  IMay,  1874,  excopting  the  Inspec- 
tors of  Tobacco,  which  date  from  first  Monday  in  IVfarch. 

Weighmaster  of  Live  Stock  in  Baltimore  Ci^y.— [See  page  337.] — Thos. 
H.  Moore. 

Lispectors  of  Tobacco  in  Baltimore  Cifi/.—[See  pn£?e  321.]— No.  1, 
Charles  R.  Waters,  of  Carroll  county;  No.  2,  Green  's.  Etchison  ;  3, 
Joshua  Linthicum,  of  Anne  Arundel  county;  4,  J.  H.  Sothoron,  of 
St.  Mary's  county  ;  No.  5,  Isaac  M.  Denson,  of  Baltimore  city. 


476  EXECUTIVE    GENERAL    APPOINTMENTS. 

Svpe7-visoi'  of  Tobacco  Warehouses. — .Jf)hn  Richardson.  [See  page 
341.] 

Insvectors  of  Steam  Boihrs  in  Baltimore  City. — [See  pasre  341.] — John 
J.  Mc Williams,  liir  the  Middle  and  Western  Districts;  Jas.  B.  Saimer, 
for  the  Eastern  and  Southern  Districts. 

Weigher  General  of  Grain  in  Baltimore  City. — [See  Jjage  327.] — 
Edjjar  Plummer,  of  Caroline  county. 

Assistant  Weighers. — David  Riley,  Harford  county;  Henry  D.  M. 
Howard,  Cecil  county;  L.  C.  Graves,  Kent  county:  Charles  R.  Ham- 
ilton, Baltimore  city;  Hiram  G.  Dudley.  Queen  Anne's  county. 

Weighers  of  liny  and  Straw. —  [See  paire  845.] — "William  Hoft'man,  of 
Baltimore  city,  Eastern  Scales.  August  Bender,  of  Baltimore  city, 
New  Western  Hay  Scales.  John  H.  Marshall,  ol  Baltimore.  Old  Wes- 
tern Hay  Scales.     James  Adams,  of  Baltimore  c(ninty,  at  Canton. 

State  Wluirjinger. — [Seepage 335.] — Jno.  F.  Pickering,  of  Baltimore 
city. 

Managers  of  the  TTonm  of  Reformation,  &c.,for  Colored  Children. — 
Francis  T.  King,  Charles  E.  Phelps. 

State  Board  of  JLalth.—Dvs.  Nathan  R.  Smith,  E.  Lloyd  Howard, 
J.  Rob't  Ward,  Chas.  W.  Chancellor  and  Henry  M.  Mitch  11. 

Directors  in  Maryland  Penitentiary. — Joseph  Ci  isp,  John  F.  Hunter, 
Henry  Seim,  Albert  Sigmund,  George  Evans  and  A.  Lawrence  Whit- 
ing. 

Managers  of  the  House  of  Refuge. — John  T.Morris,  Sam'l  J.Smith, 
James  Pentland  and  Dr.  J.  Robert  Ward. 

Visitors  of  the  Asylum  for  the  Deaf  and  Dumb,  at  Frederick. — James 
S.  Downs,  of  St.  Mary's  county,  Enoch  Pratt,  of  Baltimore  city. 

State  Directors  of  the  Maryland  Industrial  School  for  Girls. — Hon.  Jas. 
IT.  Dennis.  Ormond  Hammond,  John  Carroll  Walsh,  of  Harford 
county.  Dr.  John  Fisher,  of  Baltimore  county,  Edwin  Bell,  James 
E.  Trott,  Frank  A.  Bond,  George  Colton,  ol  Baltimore  city,  J.  B.  H. 
Campbell,  of  Allegany  county,  Allen  Bowie  Davis  and  T.  Watkins 
Ligon. 

Trustees  of  Antietam  National  Cemetery. — Edward  Shriver,  for  three 
years  from  January  1st,  1872.  J.  H.  B.  Latrobe,  for  three  years  from 
January  1st.  1873. 

State  Vaccine  Agent. — [See  page  309.] — Wm.  T.  Jones,  appointed 
for  six  years  from  1870. 

Commissioners  of  Fishei'ies. — T.  B.  Ferguson,  of  Baltimore  city  and 
Philip  W.  Downs,  of  Caroline  county. 

The  State  Fishery  Force. — Commanding  Officer,  Jesse  K.  Hines,  of 
Kent  county,  on  Steamer  "Leila;"  Capt.  Lemuel  Mitchell,  command- 
ing Slooj)  "Nannie  Merryraan;'"  Capt.  E.  G.  Bryan,  of  the  "A.  C.  N. 
Matthews;"  and  Capt.  Langrell,  of  the  "Bessie  Woolford." 


THE    COUNTY    OFFICERS. 

ALLEGANY    COUNTY. 

[See  page  459.] 

County   ;9m«— CUMBER!. AND. 

Resident  Judge  of  the  Circuit  Court. — Hon.  George  A.  Pearre. 

Clerk  to  Circuit  Court. — Theodore  Lutnan. 

Sheriff. — James  C.  Lynn. 

State's  Attorney. — ^Villif^m  J.  Read. 

Terms  of  Court. — First  Monday  in  January  and  second  Monday  in 
Ai)ril  and  October,  to  wliich  Juries  are  summoned  ;  and  six  Cliancery 
Terms:  first  Monday  in  January,  third  Monday  in  Fel)ruary,  and  the 
second  Monday  in  April,  June,  August  and  October. — 1874,  ch.  83. 

Judges  of  the  Orplians'  Court. — Cornelius  Slack,  [appointed  in  place 
of  W.  R.  McCullv,]  John  Coulehan,  Upton  B.  Long. 

Register  of  WiUs.—Q.  C.  Shriver. 

Surveyor. — Daniel  Chisholm. 

County  Commissioners. — A.  C.  Greene,  George  Reuschlein,  Wm.  R. 
Beall,  A.  Trail  and  B.  L.  Turner.     Clerl: — Davisson  Armstrong. 

Attorney  for  County  Conunissioners. — Vacant. 

Trustees  to  Almshouse. — Levi  R.  Fechtig,  C.  H  Ohr,  M.  D.,  A  M. 
L.  Bush. 

Physician  to  Almshouse. — Dr.  Geo.  B.  Fundenberg. 

Steward  to  Almshouse. — John  H.  Stallings. 

County  lyeasurer. — Robert  Shriver. 

Constables. — 4tli  District,  John  W.  Dayton,  Henry  McKenzie;  5th, 
Owen  Evans;  6th,  Harmon  White,  Martin  Herpieh ;  7tli,  James  W. 
Furlow;  8th,  Nathan  Hartley  ;  9th,  Ambrose  Chaney  ;  12th.  William 
Findley  ;  13th,  Levi  Shaw,  Jacob  B.  Humbird;  16th,  William  Lees, 
Robert  Dick,  jr. 

Tax  Collectors. — 1st  District,  Joseph  B.  Stottlemeyer;  2d,  (Cumber- 
land E.  C.  and  13,)  Wm.  Hall;  3d,  Jas.  D.  Armstrong;  4th,  Patrick 
Mullen. 

Executive  Appointments. 

Justices  of  the  Peace. — 4th  District.  Uriah  Duckwortli,  Owen  Rinr- 
dan.  Otho  G.  Barchus ;  5th,  John  C.  Weis,  Henry  R.  Atkinson  ;  0th, 
J.  Wm.  Jones,  Andrew  Gonder;  7th,  John  Hartley,  Daniel  Crabtree; 
Sth,  Nathan  Trail,  Herman  Brinkman;  9th,  Owen  JIcElfish,  John 
Wilson,  of  N. ;  12th,  John  Barth,  John  Lavelle;  13th.  Daniel 
Blocher,  Herman  H.  Hobrock  ;  IGtli.  John  Ryan,  Jas.  Dooley. 

OjJicers  of  Registration. — 4th  District,  ]Maurice  ]\Iiller;  Llh,  John 
Hitchins;  0th,  John  G.  Treiljer;  7tli,  .lames  F.  Wilson;  8th,  Hiram 
H.  Yonker;  9th.  Thus.  McElfish;  12th,  Richard  O'Neill;  13th,  Henry 
Williamson;  10th,  H'^nry  Hannekamp. 

Superintendent  of  Xatiunal  Road. — Robert  Welch. 

Notaries  Public. — Geo.  L.  Wellington,  William  E.  Griffith,  at  Cum- 
berland; John  Wilson,  jr.,  at  Barton. 

Coroner. — Henry  Shriver,  sr. 


478  ANNE   ARUNDEL   COUNTY. 

ANNE    ARUNDEL     COUNTY. 

County   ;Sm<— ANNAPOLIS. 

Resident  Jxidge  of  Circuit  Court. — Hon.  Oliver  Miller. 

Clerk. — Sprigg  Harwood. 

Sheriff. — P.  Dorsey  Carr. 

State''s  Attorney. — .James  Revell. 

Auditor  in  Chancery. — .James  H.  Hodges. 

Commimoners  in  Chancery  to  take  Testimony. — S.  T.  McCullough, 
Wm.  T.  Iglehart. 

Crier  of  Circuit  Court. — Wm.  R.  Thompson. 

Bailiff's. — Wm.  Dadds,  J.  R.  White,  George  Barber,  Joseph  Mace, 
A.  S.  Bryan. 

Terms  of  Court. — Third  Monday  in  April  and  October. 

Judges  of  the  Orphans'  Court. — James  W.  Hunter,  Thomas  S.  Iglehart, 
Charles  S.  Welch. 

Register  of  Wills. — Wm.  Bryan. 

Surveym: — Amos  R.  Harman. 

County  Commissioners. — Dan'l  Caulk,  Elijah  L.  Rockhold,  Eli  Lusby, 
Allen  Warfield,  Dr.  Richard  Weems,  William  T.  Prout,  William 
Shipley.     Clerk. — George  M.  Duvall. 

Collectors  of  State  and  County  Taxes. — 1st  District,  Jno.  W.  Brashears ; 
2nd. ;  3rd,  Thomas  C.  Boone;  4th,  Lot  Warfield  of  Allen. 

Trustee  of  the  Poor. — John  B.  Owens. 

Supervisors  of  PuUic  Roads. — 1st  District,  John  H.  Jones;  3rd,  Henry 
Anderson,  5th,  Richard  A.  Shijiley,  8th,  Jno.  R.  Wilkerson. 

Constables. — 1st  District,  S.  Hank  Owens;  2nd,  Robt.  S.  Lamb,  Wm. 
Williams,  Chas.  R.  Watson ;  3rd,  Ed.  J.  Wilson,  Thaddeus  H.  Williams, 
William  Burton;  4th,  Thomas  A.  Upton,  Thomas  A.  Jacobs;  5th, 
George  H.  Gardner,  Thomas  McDonald ;  8th,  John  W.  Armiger ;  An- 
napolis, George  Barber. 

Executive  Appointments. 

Justices  of  the  Peace. — 1st  District,  Howard  M.  Duvall,  .Jacob  F. 
Deall,  Samuel  H.  Dorsett,  Allen  Marriott,  George  T.  Beall  ;  2nd,  Rol)t. 
F.  Dodsnn.  Nicholas  R.  Nicholson,  Mareen  D.  Chaney,  William  Hail  ; 
3rd,  Genrse  McCubbin,  Richard  J.  Hall,  Charles  R.  Sevier,  Joseph  J. 
Tate,  William  Merat;  4th,  Geo.  F.  White,  C.B.  White,  Jas.M.  Duvall, 
John  Q.  A.  Jones,  Wm.  J.  Disney  ;  5th,  William  Hawkins,  Moses  P. 
Donaldson,  J.  Henry  Gischel,  B.  Duncan  Smith  ;  Annapolis,  Dennis 
C.  Thonijjson,  Wm.  H.  Gassaway,  Robert  Welch ;  8th,  Arthur  Carr, 
James  O.  Drury,  A.  Hamilton  Hall,  Martin  Deale,  Josejih  R.  Owens. 

Ojficers  of  Registration. — 1st  District,  John  S.  Marriott;  2nd,  H. 
McCcney  Claytor  ;  8rd,  Thomas  C.  Boone  ;  4th,  Chas.  R.  Harman  ;  5th, 
Basil  Duncan  Smith  ;  6th,  Geo.  W.  Murdoch,  Annapolis ;  7th,  Henry 
O'Ncil. 

Notary  Public  at  Annapolis. — James  A.  Medley. 


BALTlMOUli   COUA'TY.  479 


BALTIMORE    COUNTY. 

County  5r«af.— TOWSONTOWN. 

Beddent  Judges  of  Circuit  Court. — Hon.  Richard  Grason,  Hon.  Geo. 
Yellovt. 

Clerk  of  Circuit  Court. — John  Bacon. 

Deputy  Clerkfi. — V\'.  M.  Isaac.  Law  Clerk;  R.  Edwin  Hook,  Equity 
Clerk  ;  Lewis  M.  Bacon,  Casliier. 

Eecording  ClerJcs.—Wm.  H.  Koller,F.  H.  Chilcoat,  Walter  L.  Burke, 
John  M.  Curtis,  John  D.  Bedf  ird,  J.  Harman  Bclione,  Fretl.  Price. 

Stale's  Attorney.— i.  Fred.  C.  Talbott. 

De}mty. — Thomas  J.  Hunter. 

Crier. — Louis  Vogle. 

Interpreter. — John  J.  Pilert. 

Bailiffs. — Samuel  Finkerton,  George  W.  Seipp,  Wm.  Marlbot,  Jas. 
H.  Lindsay. 

Auditor. — Washington  Yellott. 

Commissioners  to  take  Testimony. — D.  H.  Emory,  W.  F.  Wharton. 

Sheriff. — Samuel  F.  Butler. 

Clerk. — Samuel  W.  Storm. 

Deputies. — Wm.  H.  Taylor,  Wm.  M.  Risteau. 

Warden  of  Jail. — Francis  B.  Boarman. 

District  Deputy  Sheriffs. — 1st  District,  Wm.  H.  Harman,  R.  B.  lin- 
ger, J.  H.  Glanville;  2d,  John  Crook;  IJd,  ^Vm.  H.  Reed,  Jesse  Hop- 
kins; 4th,  Geo.  W.  Stockdale;  5th,  Wm.  L.  Tracey,  Chas.  O.  Kemp; 
6th,  Wm.  Ruhl,  Absalom  Baker;  7th,  Lutlicr  M.  Birmingham;  8th, 
Israel  Price,  Carlton  T.  Brown  ;  9th.  Jos.  K.  Kniyht,  Nicholas  .J. 
McCauley;  10th,  Jehu  Williams;  11th,  William  W.  Knight;  12th, 
Achilles  Ford,  Samuel  E.  Smith,  J.  Harman  Schone,  jr.,  August  Weis, 
Edward  Wise;  13th,  T.  Jeff.  Wade. 

Terms  of  Court. — 1st  Monday  in  March;  3d  Monday  in  May;  2d, 
Monday  in  September;  1st  Monday  in  December. 

Judges  of  Orphans''  Court — Joshua  F.  Cockey,  Thomas  G.  Rutledge, 
C.  Howard  Owings.     Meet  Tuesday  and  Wednesday  of  each  week. 

Register  of  Wilh. — Joseph  B.  Mitchell.  • 

Deputy. — Thomas  Philpot. 

Bailiff  to  Orphans''  Court. — William  Adams. 

Surveyor. —  Wm.  Shipley. 

County  Commissioners. — Daniel  J.  ]\TcCauloy,  Beni,  F.  Jordan,  Ed- 
ward Rider.     Meet  every  Tuesrlay  and  Wednesday. 

Treastirer  and  CUrkto  Commissioners. — John  T.  B.  Parlett. 

Clerks  in  Commissioners'  Office. — Ephraim  B.  Alniouy,  Francis  B. 
Laurenson. 

Counsel  to  Board. — C.  Bohn  Slingluff,  Wm.  S.  Keech. 

Bailiff  and  Night  Watchman  of  Court  House. — Clark  Webb. 

Keeper  of  Court  House. — Gideon  Herbert. 

Physician  to  Jail. — Dr.  James  H.  Jarrett. 

The  County  Commissioners  act  as  Trustees  to  Almshouse  ;  they  ap- 
point: Agent  and  Manager,  S.  Howard  Cole;  Physician,  Dr.  H.  M. 
Ewing. 

31 


480  BALTIMORE    COUNTY, 

Constables. — 1st  District,  John  H.  Glanville,  Wm.  H.  Harman,  E.  B. 
Unger;  3d,  Jno.  Crooks;  3d,  Benjamin  ^Yatts,  Jesse  R.  Hopkins.  A\'n). 
H.  Reed;  4th,  Geo.  W.  Stocksdale,  Ephraim  Berryman;  5th,  William 
L.  Tracy,  Charles  O.Kemp;  6th,  Wm.  Rnhl,  Absalom  Baker;  7th, 
Hosea  Rosier,  Luther  M.  Birmingham,  Joseph  W.  Nelson;  8th,  Israel 
Price,  Saml.  Townsend,  H.  M.  Harris;  9th,  Carlton  T.  Brown,  John 
C.  Woolf,  AVm.  F.  Hare  ;  10th,  Jehu  Williams ;  11th,  Robert  J.  White. 
Wm.  H.  Knisht;  12th,  Achilles  Ford,  Saml.  E.  Smith,  August  Weis, 
Nicholas  E.  C.  Richards;  13th,  Thomas  J.  Wade.     [Bonded.] 

Road  Siqjervisors. — 1st  District,  Joshua  Meilor,  Samuel  C.  Heird, 
Geo.  Hoffer;  2d,  George  W.  Aler,  Geo.  E.  O'Dell,  William  Peil ;  3d, 
Charles  A.  Oakford,  Johnsey  Hook,  Samuel  Brady;  4th,  David  Uhler, 
Henry  Fringer,  Jacob  Giest;  5th,  Joshua  F.  Benson,  Luther  Martin, 
Richard  C.  Tracey  ;  6th,  Jesse  Hoshall,  Wm.  J.  Hoffman,  Jno.  Shujiert; 
7th,  Wm.  Slade,  John  Wise,  Ezekiel  Matthews;  8th,  Zephaniah 
Poteet,  William  O.  Ensor,  William  Gent,  jr.;  9th,  Joseph  Jackins, 
Abraham  Rider.  Augustus  Dames;  10th, '\Am.  H.  Curtis. Elihu  Cuddy, 
Wm.  Hall:  11th,  AVm.  C.  Payne,  Jose2:)h  Snyder,  Howes  Parker;  12th, 
Philip  D.  Burgan,  Henry  Guuther,  Joseph  Earl;  13th,  Geo.  W.  Wade, 
Patrick  O'Brien,  John  J.  AV'ade. 

Tax  Collectors. — 1st  District,  Columbus  I.  Shipley;  2d,  Thomas  C. 
Worthington;  3d,  John  Baseman;  4th,  Wm.  A.  Slade;  oth,  Abraham 
Bossom;  6th,  Daniel  Stabler;  7th,  AVilliam  Rutledge;  8th,  Hugh 
O'Connor;  9th,  James  C.  Harrison;  10th,  Henry  C.  Hutchins;  11th, 
Charles  T.  Haile;  12th,  George  W.  Dorsey  ;  13th,  Wm.  T.  Randle. 

Trustees  of  tJie  Pool'.— l&t  District,  Edward  F.  Steilel ;  2d,  Edward 
S.  W.  Choate;  3d,  Samuel  B.  Mettam ;  4th,  Charles  J.  Beckley;  5th, 
Richard  C.  Tracey;  6th,  Nicholas  Hoshall;  7th,  Pleasant  Hunter; 
8th,  Joshua  F.  Cockey ;  9th,  J.  Maurice  AVatkins;  10th,  Nicholas 
Hutchins;  11th,  John  W.  Burton;  12th,  AVilson  Townsend;  13th, 
Samuel  France. 

Street  Commissioners. — Geo.  H.  Carman,  Lewis  Lehman,  Jno.  Cole. 

Overseer  at  AlmsJiouse. — Abraham  Co4e  of  L. 

Inspector  of  Weights  and  Mea^ires. — Henry  B.  Ashe. 

Suburban  Police. — [Appointed  by  County  Commissioners  under  the 
Act  of  1874,  ch  374,  to  serve  from  July  1st,  1874,  to  May  1st,  1875.]— 
Police  District  No  1. — John  T.  Piquett,  Chief,  mounted;  Martin 
Hediau,  mounted;  Alex.  Duncan,  footman.  No.  2. — Dan'l  Hoff,  Chief, 
mounted ;  Geo.  Chambers,  footman.  No.  3. — Joseph  R.  Knight,  Chief, 
mounted;  Perry  Knight,  footman.  No.  4. — AVilliam  B.  Lytle,  Chief, 
mounted  ;  Patrick  J.  Roche  and  George  Taylor,  footmen.  No.  5. — 
Achilles  Ford,  Chief,  mounted;  Geo.  Beukoffskey  and  Frank  Wein- 
liold,  footmen.  Thomas  McDonald,  mounted,  for  extra  and  sj^ecial 
service,  m  different  sections  of  the  County,  as  may  be  directed  by  the 
County  Commissicmers  and  by  the  Chief  of  Police,  in  such  Police  Dis- 
tricts as  he  may  be  assigned  for  such  duty. 

Executive  Appointments. 

Justices  of  the  Pence. — 1st  District,  Lewis  Lehman,  Mark  Mellor,Albprt 
Smith,  Chas.  T.  Miller,  Joshua  Meilor,  John  J.  Pilert,  Geo.  R.  Reese; 
2nd,  Wm.  M.  Donald.  AVm.  H.  Harker,  Andrew  Dorsey;  3rd.  Isaac 
Brown,  W.  H.  Richardson,  Sam'l  B.  Mettam,  A.  H.  Slade,  B.  C.  Tyd- 


CALVEKT    COUNTY.  481 

ings,  John  Wright,  William  Pole;  4th,  Henry  Bughey.  Jeremiah  T. 
Ducker,  John  N.  Carroll,  David  L.  Slade;  5th,  Abraliam  S.  Coojjer, 
Wm.  Duncan.  Noah  W.  Alban,  Wm.  C.  Sparks;  Gth,  Wilson  House- 
man, Mordecai  Alban,  B.  F.  Hoshall  ;  7lh,  Eli  S.  Sampson,  Henry 
Wise,  jr.,  George  H.  Coney  ;  8th,  A.  Galloway,  Joshua  Cain,  Benjamii: 
P.  Matthews.  Aquilla  Jones;  Orh,  Gideon  Herbert,  James  H.  Smith, 
James  Miller,  W.  H.  Taylor,  Frank  Lewis,  John  P.  Clark  ;  10th,  Ke/.in 
T.  Smith,  Thomas  Kauliman,  John  S.  Curtis  ;  11th,  John  W.  Burtcm, 
Albert  M.  Brown,  Henry  Walter,  Samuel  Pinkerton;  12th.  Henry 
Reeder,  Eiiward  Hopkins,  J.  G.  Carter,  Jas.  D.  Swavne,  P.  D.  Burtran, 
N.  W.  Smith  ;  13th,  Thos.  J.  English,  H.  J.  Rogers,  F.  G.  F.  Walte- 
myer. 

Officers  of  Registration. — 1st  District,  Dr.N.R.Gerrv ;  2nd,Chas.Rogers; 
3rd',  G.H. 'Elder;  4th.  E.  C.  Stocksdale;  .'jth.  G.  W.' Jordan;  6ili.  S.  W. 
McCullough;  7th,  Eli  Matthews;  8th,  AV'm.  Gent,  jr.;  9th,  Charles  H. 
Mann,  jr.;  10th,  Richard  Htitchins;  11th,  Edwin  Jessup  ;  12tb,  J. 
Harman  Schone ;  13th.  George  W.  Wade. 

Coroners. — John  S.  Biddisou,  Nathaniel  Warfield. 


CALVERT    COUNTY. 

County  /Sm«— PRINCE  FREDERICK. 

Resident  Jmlge  of  Circuit  Court. — Hon.  D.  R.  Magruder. 

Cleric  of  Circxdi  Cowrf.— John  H.  Baslbrd. 

Deputy  Clerics. — Somervell  Sellers,  B.  O.  Hance. 

Sheriff.— John  F.  Cox. 

Deputy  Sheriff. — Sterling  Smith. 

State's  Attornei/. — .Joseph  A.  Wilson. 

Auditor. — Charles  S.  Parran. 

Standing  Cornnmsioners  to  take  Testimony. — Joseph  A,  Wilson,  Chas. 
S.  Parran. 

Crier. — George  W.  Bowen. 

Bailiffs. — Benjamin  Fowler.  Thomas  F.  Howard. 

Terms  of  Court. — First  ]\Ionday  in  May,  July  and  February,  and 
on  Wednesday  after  the  first  Monday  in  November. 

Judges  of  the  Orphans'  Court. — Rich'd  H.  T.  Norfolk,  [appointed  in 
place  of  Basfbrd.  elected  clerk,]  Dr.  John  A.  Sedwick,  David  Carcand. 

Register  of  Wilh.—T)v.  Basif  S.  Dixon. 

Deputy  Reg  inter  of  Wilh. — Dr.  Win.  H.  Norfolk. 

County  CommixHioners. —  Robert  W.  Yoe,  Geo.  P.  Ross,  Wm.  C.  Fowler. 

Clerk  to  County  Cornmissioyiei'S. — Edward  H.  Ireland. 

Collectors  of  TVwrs,— 1st  District,  James  S.  Thomas;  2nd,  Bcnj.  D. 
Bowen;  3rd,  Charles  AV.  Spicknall,  [appointed  April  14th,  1874,  for 
two  years.] 

Road.  Commissioners. — 1st  District,  Nathaniel  Dare,  sr.,  .Jas.  E. 
Blunt;  2nd,  Thomas  Bowen,  Walter  H.Alton;  3rd,  Robt.  N.  Birk- 
head,  Lewis  Trott. 

Constables. — 1st  District,  Robert  S.  Allison  ;  2d,  James  S.  Catterton; 
3d,  John  W.  Ward. 


482  caroline  county. 

Executive  Appointments. 

Justices  of  the  Peace. — 1st  District,  Dr.  V.  C.  Lawrence,  James  I. 
Blackburn,  Walter  W.  Dorsey,  Thos.  R.  Grover,  George  H.  Weedon ; 
2nd,  James  L.  Hutchins,  Thos.  C.  Carpenter,  Cephas  H.  Bowen,  Chas. 
R,  Harrison ;  3rd,  Jesse  Carr,Wm.  Ireland,  Thos.  Plumnier,  Jas.  P.King. 

Officers  of  Registration.— \%t  District,  William  H.  Hellen ;  2nd,  Chas. 
R.  Belt;  3rd,  James  B.  Elliott. 

Coroner. — John  A.  Cox. 


CAROLINE    COUNTY. 


County  5m«— DENTON. 

Judges  of  Circuit  Court. — See  page  472. 

Clerk  of  Circuit  Court. — John  W.  Temple. 

Deputy  Clerks. — L.  H.  Gadd,  B.  A.  Richardson,  Clinton  Cook. 

State's  Attorney. — George  M.  Russum. 

Auditor. — P.  W.  Downes. 

Commissioners  to  take  Testimony  in  Equity. — P.  Stack,  J.  W.  Bryant. 

Terms  of  Court. — Second  Monday  in  January,  March  and  July,  and 
first  Monday  in  October. 

Judges  of  Orphans''  Court. — Wm.  A.  Ford,  Robert  Jarrell,  Daniel 
Sparklin. 

Register  of  Wills.— J.  B.  Steele. 

County  Commissioners. — J.  M.  Whitby,  H.  Wilson,  R.  Y.  Collins. 

Clerk. 

Constables. — 2d  District,  Greensboro,  Wm.  H.  Lowe ;  3d,  Denton, 
Richard  J.  Shields;  4th,  Harmony, E.Madison  Towers  ;  5th,  Federals- 
burg,  Wm.  T.  Slaughter. 

Trustees  of  the  Poor. — H.  C.  Culbreth,  Esma  Lowe,  J.  B.  Dukes 
Nathan  Patten,  A.  N.  Davis. 

Collectors  of  State  and  County  Taxes. — George  W.  Porter,  Wm.  B, 
Stevens,  J.  P.  J.  Hubban,  Elijah  Hignutt. 

Executive  Appointments. 

Justieesof  the  Peace. — 1st  District,  Rich'd  Jones  ;  2d,  Robt.  J.  Orrell ; 
3d,  Tate  F.  Barton,  Thomas  Melvin,  Wm.  Loockerman  ;  4th,  Manlius 
P.  Hutchinson,  Wm.  W.  Williamson  ;  5th,  Wm.  H.  Watkins,  Juo.  W. 
Hignut. 

Officers  of  Registration. — 1st  District,  Wm.  H.  Whitely ;  2nd,  James 
A.  Roe  ;  3d,  J.  B.  Dukes  ;  4th,  F.  A.  Willis;  5th,  Eli  C.  GuUett. 

Notary  Public. — J.  P.  Manlove,  Greensborough. 


CECIL   COUNTY.  433 

CARROLL    COUNTY. 

Cmir.ty  5ea?— WESTMINSTER. 

Resident  Judge  of  Circuit  Omrt. — Hon.  "Wm.  N.  Hayden. 

Clei-k  of  Circuit' Court. — Dr.  Frank  T.  Shaw. 

Sherijf'.—Edvfaid  Devilbliss. 

State's  Attornep. — R.  B.  Norment. 

Terms  of  Cotirt. — Second  Monday  in  May  and  November. 

Judges  of  Orphans'  Court. — Adam  Shower,  Isaac  Baile,  L.  P.  Slincr- 
luflF. 

Regiater  of  Wilh. — Henry  E.  Beltz. 

Surveyor. — Henry  Hoppe. 

County  Commissioners. — Mordecai  C.  McKinstry,  John  O.  Devries, 
John  W.  Murray. 

Treasurer  and  ClerTc  to  Commissioners. — Jabez  A.  Bush. 

Constalles. — 1st  District,  James  Kuhns,  John  Reindollar;  2d,  Adam 
Banner;  3d.  Samuel  Kesselrinsr,  Paul  Reinecker;  4th,  Jno.H.  Taylor ; 
5th,  W.  C.  Lindsay,  Joseph  "\V.  Berrett ;  6th,  James  AV.  Grcenlioltz, 
George  Burns  ;  7th,  Robert  C.  Matthews,  Reuben  W.  Stein  ;  Sth, 
Michael  Buchman;  9th,  S.  W.  Beckwith;  10th,  Isaiah  Hann;  11th, 
Samuel  I.  Garber;  12th,  John  B.  Eppley. 

Executive  Appointments. 

Justices  of  the  Peace. — 1st  District,  William  H.  Grouse.  George  A. 
Plickinger,  Henry  Gault;  2d,  George  W.  Gilbert,  Jjin.  A.  Brownt  Jno. 
H.  Jordan;  3d,  Ezra  Lyon,  Eli  Erb;  4th,  Vincent  Brown,  Stephen  B. 
Stocksdale,  Azariah  Oursler;  5th,  James  Morgan,  Charles  W.  Hood, 
J.  Oliver  Wadlow,  Wesley  D.  Oursler;  6th,  Henry  Motter,  William 
L.  Tracy,  Jacob  P.  Baltzover;  7th,  Abner  Neal,  Peter  B.  Mikesale, 
William  T.  Mitten.  J.  Henry  Hoppe,  John  B.  Somers;  Sth,  J.  F.  Mule- 
horn,  John  W.Abbott;  0th,  Thomas  W.  Buckingham.  Joab  Brown, 
HphnerGorsuch,  Josejih  Tenan:  10th,  Francis  Meginnis,  Saml.  Shunk  ; 
11th,  Wm.  T.  Smith,  Chas.  Denning,  Louis  Diehnan  ;  12th,  Joshua 
Switzer,  Reuben  Savior. 

Officers  of  Registration. — 1st  District.  John  A.  Martin  ;  2d,  John  R. 
Haines;  3d,  Jonas  Frock  ;  4th,  Daniel  Ebaugh  ;  .5th,Surratt  D.  War- 
field  ;  6th,  George  Shower ;  7th.  Lee  McElroy;  Sth,  Jacob  Coltrider; 
9th,  Abraham  Albaugh  ;  10th,  Levi  Buthngton;  llth,  Jesse  Lambert; 
12th,  John  Hartsock. 

Notaries  Public. — Frank  J.  Wheeler,  AVestminsterj  Dr.  John  F. 
Buffiiigton,  New  Windsor. 


CECIL     COUNTY. 

County  -Seof— ELKTON. 

Resident  Judge  of  Circuit  Coia-t. — Hon.  Frederick  Stump. 
Clerk  of  Circuit  CV??/?•^— Arthur  W.  Mitchell. 
State's  Attorney. — Clinton  McCuUough. 
Sheriff.— Wm.  W.  Scott. 


484  CHARLES   COUNTY. 

Terms  of  Court. — Second  Monday  in  January,  first  Monday  in  April 
and  third  Monday  in  September. 

Judges  of  Orphans'  Court. — James  M.  Evans,  James  McCauley,  James 
A.  Lewis. 

Register  of.  Wills. — Reuben  D.  Jamar. 

Surveyor. — Caleb  C.  Brokaw. 

County  Commissioners. — Robert  E.  Bromwell,  Jno.  E.  Gillesj^ie,  Jos. 
Biggs. 

Cleric. — Isaac  F.  Vanarsdale. 

Tax  Collectors. — 1st  District,  Benjamin  B.  Price ;  2d,  Dr.  Wm.  C. 
Karsner;  3d,  Matthew  M.  Nandim;  4th,  Joseph  Steele;  5th,  James 

A.  Lackland;   6th,  Moses  T.  Nesbitt;  7th,  Francis  Linton;  8th,  John 
M.  Rawliugs;  9tli,  George  H.  Logan. 

Constables. — 1st  District,  John  Benson,  John  Richards;  2d,  George 
R.  Carpenter,  Thomas  P.  Vandergortz;  3d,  Samuel  B.  Grant,  James  B. 
Marrett;  5th,  Thomas  Tyoon,  Lsaac  S.  Deford;  Gth,  Jno.  C.  Hindman; 
7th,  Joseph  Geisler,  Edward  Kelly. 

Trustees  of  Alms  House. — Nicholas  P.  Manly,  Harry  D.  Miller,  John 

B.  Russle,  Henry  H^ss.  William  Falls. 

Inspector  of  Weights  and  Measures. — Perry  W.  Ruley. 
[The  Commissioners  Appointments  date  from  May  1st.] 

Executive  Appointments. 

Justices  of  the  Peace. — 1st  District,  Charles  Kirby,  Benj.  F.  Terry; 
2d,  Gilbert  Crisfield,  Tliomas  .J.  Cleaver;  3d,  Joseph  R.  Brown,  Jas. 
Spence,  George  R.  Howard;  4th,  Robert  Lynch,  Thomas  J.  Scott; 
5th,  Eli  Janney,  Sam'l  Logan,  Isaac  N.  Benjamin  ;  6th,  Jas.  O.  McC/or- 
mick,  Isaac  R.  Taylor,  Jas.  S.  Rae;  7th,  Josepli  W.  Aljrahams,  David 
Archibald,  Sheldon  Beach,  Sam'l  D.  Smith  ;  8th,  Joseph  Peoples;  Jas. 
Cmnmings;  9tli,  John  Donahoo,  Stephen  Gilbert. 

OXJicers  of  licglstration. — 1st  District,  Jno.  Wroth  ;  2d,  Noble  Biddle  ; 
Bd,  William  R'.  Gilpin;  4th,  W.  R.  Mahan  ;  5th,  Granville  S.  Jeflries; 
6th,  Joseph  Golibart;  7th,  D.  M.  McClenahan;  8tli,  John  J.  Bennett; 
9th,  Horace  H.  Duyckinck. 

Notaries  Public. — George  W.  Vandiver  and  Andrew  Orr,  at  Port 
Deposit;  Reuben  E.  Jamnr  and  Samuel  B.  Ford,  at  Elkton;  Horatio 
J.  Shephard,  at  Rising  Sun. 

Coroner. — Kaufman  Katz. 


CHARLES    COUNTY. 

County  Seat—VOKY  TOBACCO. 

Resident  Judge  of  Circuit  Court. — Hon.  George  13rent. 
Clerh  of  Circuit  Court. — Benjamin  G.  Stonestreet. 
Sheriff. — William  L.  Cooke. 
State\<i  Attorney. — Eugene  Diggs. 

Terms  of  Court. — Third  Monday  in  February,  May,  July  and  Nov. 
Judges  of  Orphans'  Court. — Dr.  S.  W.  Dent,    Richard   Barnes,  sr., 
Robert  Diggs,  sr. 

Register  of  Wills. — Marcellus  Thompson. 
Surveyor. — James  L.  Brawner. 


DORCHKSTER   COUNTY.  4dG 

County  Oomfl-nimoners.—AUm-t  Milstead,  P.  A.  L.  Contee,  Dr.  A.  J. 
Smoot,  A.  \V.  Marlowe,  Ziichariuh  bwauu. 

Executive  Appointments. 
Jvntirfs  of  tJie  Penco. — 1st  District,  William  Boswell ;  2d.  Allen  B. 
MilBlwid,  Henry  II.  Bowie;  Hd,  VVil.iani  P.  Flowers,  TIkjs.  E.  Bowie, 
Wm.  DiininiTton;  4th.  .John  T.  Colton,  Edward  L.  Smoot;  5tii,  James 
H.  M.  Dutton;  Ctli,  Thomas  C.  Wilkinson,  Wm.  L.  McDaniel;  7th, 
Thos.  R.  Halley,  liichard  VV.  Bryan  ;  bth,  Thomas  Carrico,  Gonzagar 
C.  Burch,  Henry  Tinner;  Oth,  Edward  D.  R.  Bean. 

O'Jlcars  of  RegUtratioH. — 1st  District,  .Joseph  G.  Laccy ;  3d,  Robert 
Rysion;  3d,  T.  A.  Smith;  4th.  Sam'l  G.  I.anoaster;  5tl),  Washii)^'tf)u 
PaLTu:  f5lh,  John  Hancock;  7th,  Hem'y  M.  Hanuou ;  bth,  James  A. 
Mudd;  9th,  Wm.  Turner. 


DOBCHBSTFiR    COUNTY. 

County  -Sea<— CAMBRIDGE. 

Resi(I<mt  Jndf/e  of  Circuit  Court. — Hon.  James  A.  Stewart. 

Clerk  of  Circuit  Court. — Francis  J.  Henry. 

Deputy  Clerks. — George  H.  Hollingswoith,  Thomas   H.  Handy,  jr, 
William  E.  S.  Bradshatr. 

SJierijf — William  1 1  urlock. 

State's  Attorney. — Charles  E.  Hay  ward. 

Auditor  in  Chancery. — Henry  Lioyd. 

Crier. — John  Nabb. 

Bailiffs. — Warner  Brown.  James  Reese  Airlv.  Sila'?  Colling. 

Terms  of  Court. — Fourth  Monday  iu  January,  Juiy  and  April,  and 
Second  Monday  in  November. 

Jud'jes  of  Orphans'  Court — Levi  R.  Travers,  John  R.  Keeue,  Samuel 
Higi:;ins. 

liegi.ster  of  Wills. — Edward  LeCompte. 

Surveyor. — J.  \V.  B.  Todd. 

County  Commiissiouers. — Kendall  M.  Jacobs,  Charles  Lake,  Wm.  M. 
SjJedden. 
,     Clerk  to  Commissi  oners  and  County  Treasurer. — John  M.  Bickwith. 

Trustees  of  Almshouse. — John  Welister,  John  A.  L.  Radcliff",  James 
I.  M.  Gordy,  John  E.  Appiegarth,  William  VV.  Mace,  Thomas  M. 
Meredith,  Irii  R.  Corkran. 

Ke^'per  of  Almsho'u.ie. — Price  Corkran. 

Constables. — 1st  District,  Curtis  Clemens;  2d,  Joseph  F.Webster; 
3d,  Thomas  II.  Webster;  4th,  Stewart  Vickers,  JohuT,  Barnes;  5th, 
Geors^e  Todd;  6th,  Jeremiah  Talley;  7th,  [Cambridge,]  Edward  A. 
Marshall,  William  F.  Hicks.  .Joseph  K.  Bramble;  8rh,  Jas.  G.  James; 

9th,  William  H.  Willis;   10th,  Thomas  J.  Stewart;  11th, 

13th,  Edward  Hubbert;   13th.  Charles  Broders. 

Collectors  of  State  and  County  I'axes. — 1st  District,  Jesse  K.  Wheat- 
ley;  2d  and  12th,  J  no.  W.  Fletcher;  8d  and  11th,  MiciiaelT.  R.  Fooks  ; 
4lh,  William  J.  Lambdin;  5th,  6th  and  lOtli,  George  W.  Hayward ; 


486  FREDERICK   COUNTY. 

7th  and  ISth,  [Cambridge,]  William  Sbeplieids ;  8th,  Robert  Hubbard ; 
9th,  William  BL  Willis. 

ExECUTiTE  Appointments. 

Justices  of  the  Feacf. — 1st  District,  .Jas.  P.  Russell,  Jas.  "B.  Thompson, 
John  T.  Vickers  ;  2d,  Wm.  J.  Abdell,  James  R.  Donoho ;  3d,  James  M. 
Robertson,  Wm.  McBride,  A.  R.  Anderson,  Sam'l  B.  Neil;  4th,  James 
Craig,  Richard  Tall,  Solomon  F.  Kirwan;  5th,  Robert  R.  Christopher, 
Chaa.  V.  Crockett,  Solomon  T.  Phillips;  6th,  Henrj  C.  Woodidnd, 
Solomon  F.  Tyler,  John  Tubman;  7th,  Harrison  T.  Winterbottom, 
Dr.  James  W.  Henry,  Josiah  Carroll,  Philip  S.  Yat*s;  8th,  William 
Bennett,  Wm.  Lambdin;  9th,  James  Fooks,  Wm.  W.  Crawford;  10th, 
Wm.  H.  H.  Pritchett,  Joseph  W.  Langrell;  11th,  Cain  Hurlev,  Uriah 
Hurley;  12th,  David  O.  P.  Elliott,  Enoch  Lowe;  13tb,  Samuel  P. 
Smith,  Robert  B.  Mobray. 

Officers  of  Registration. — 1st  District,  Richard  Rhodes;  2d,  Thomas 
K.  Smith;  3d,  Wm.  S.  Sherman;  4th,  John  W.  Woolford;  5tb,  Wm. 
M.  Meakins;  6th,  Levin  T.  Dunnock,  jr. ;  7th,  Jno.  Neville;  bth,  Jno. 
Hubbard;  9th,  John  E.  Christopher;  10th,  Caleb  Jones;  11th,  Wm. 
W.  Hurley  ;  12th,  Lowder  Sirman;  13th,  John  Nabb. 

Coroner. — Jonah  C.  Willey. 

Notary  Public. — Henry  C.  Chambers,  at  Federalsburg. 


FEEDEEICK    COUNTY. 

Cminty  <9mf— FREDERICK  CITY. 

Resident  Judge  of  Circuit  Court. — Hon.  Jolm  A.  Lynch. 

Clerk  of  Circuit  Court. — Tlmmas  Gorsuch. 

Assistant  Clerks. — John  S.  Repp,  Edward  Young,  George  W,  Grove, 
Harry  C.  Keefer. 

Deputy  Clerk. — Adolphus  Fearlake,  jr. 

Sheriff.— Thom&s,  H.  Williard. 

State's  Attorney. — Milton  G.  Urner. 

Crier. — James  Bartgis. 

Terms  of  Court. — Third  Monday  in  February,  second  Monday  in 
May,  third  Monday  in  September  and  second  Monday  in  Decomuer ; 
to  terms  in  February  and  September,  both  grand  and  petit  jurors  shall 
be  summoned;  to  December  term  petit  jurors  only;  and  to  May  term, 
no  jurors  shall  be  summoned. — 1874,  ch.  215. 

Judges  of  the  Orphans'  Court. — Wm.  J.  Black,  Howard  G.  Maynard, 
George  W.  Durderar. 

Iti-gister  of  Wills.— John  R.  Rnuzer. 

Chief  Clerk.— John  H.  Keller.  Assistant  Clerk.— Geo.  W.  Koogle. 

Surveyor. — John  S.  Ranisbiirg. 

County  Commissioner's. — Lewis  Crawford,  Prest..  Geo.-ge  T.  Whip, 
A.  W.  Nicodemus,  Zachariah  G.  Harris,  John  W.  Staub.° 

Clerk. — Edward  A.  Gittings. 

Counsel  to  Board. — John  C.  Motter. 

Collector  of  State  and  County  Taxes. — George  W.  Milles. 


FUEDERICK   COUNTY.  487 

Physician  to  JaiL—Dr.  Bruce  Thomas. 

Keeper  of  Court  Rouse.— G.  G.  Waters. 

Watchman. — John  Wallace. 

Comtahhs. — 1st  District, ;  2ft.  C.  T.  ATbansh.  Jno.  J. 

White.  Henry  Perry,  Horatio  Waters,  Jamc-  E.  Stiiub,  Marshall  F. 
Harding;  3d,  Sam'l  Leazer,  Peter  A.  Hagan;  4tli,  H.  Hilton  Main; 
5th,  Geo.  S.  Giileian,  John  C.  Weller ;  6thV  David  Barkman  ;  7th,  Jas. 
M.  Howard,  John  T.  Dixon;  8th,  Thomas  Carr,  William  Dudderar, 
Jacob  n.  Nuill;  9th,  Mortiiner  P.  Trayer;  lOdi.  Jas.  C.  Slroitiemyer ; 
11th,  Ei)hraim  D.  Grimes.  R(jbert  Barrick ;  12th.  Joseph  Hiyhtiuan; 
13th,  Fred'k  C.  Keller,  Theo.  C.  Zimmerman ;  14th,  David  E.  Chirl- 
ton,  John  Wise;  15th,  Theo.  ^yaesche.  Christian  Harman;  16th,  Ezra 
Biser;  17th,  Ashury  Hartsock;  18th,  James  W.  Condon. 

Trustees  of  Montevue  Ilospital. — C.  H.  Keefer,  Jno.  Reifsnider,  W.  H. 
Ramsburg,  David  Derr,  Isaac  Cronise. 

Executive  Appointments. 
Justices  of  the  Peace. — 1st  District,  Ezra  Michael,  J.  V.  Williams, 
Jonathan  Keller;  2d,  Wm.  Higgins,  William  B.  Nelson,  Christian  H. 
Eckstein,  Robert  Stokes,  James  J.  English,  William  Mahony,  Godfrey 
Koontz,  Sam'l  P.  Hafner;  3d  Ezra  Minnick,  Joshua  Corrick,  Edward 
L.  Herring ;  4th,  Henry  Bowersock,  Henry  Eaton,  Amon  T.  Norris, 
Henry  J.  Krise:  5th,  Michael  C.  Adelsperger,  Henry  Stokes,  James 
Knauff ;  6th,  John  Myers,  John  A.  Wilson ;  7th,  Isaac  Davis,  Louis 
R.  Harding,  Conrad  P.  Esterday;  8th,  Herominus  Brennerstm.  John 
E.  Unkefer.  Adam  Creagher,  Sidney  Sappington ;  9th,  Joel  Hall,  Jno. 
Thomas,  Jno.  T.  Smith,  Jno.  Schultz,  Wm.  E.  Lewis  ;  10th.  Jno.  Gall, 
Wm.  Creager,  Hiram  A.  Wolfe;  11th,  Randolph  G.  Barrick,  George 
M.  Shaw.  Jacob  H.  Bowers,  George  W.  Shanks;  12th,  Ezra  L.  Karn, 
Jas.  M.  Mei-ks,  John  Reid;  13th,  Josephus  Long,  John  B.  Stimmel: 
14th,  Wm.  H.  Lakin,  Ezra  M.  Thomas;  loth,  Calvin  L.  Firor.  Fred'k 
White;  16th,  John  N.  Brandc'nburg,  Jas.  M.  Morgan;  17th,  Daniel 
E.  Burkley,  Thos.  Jones;  18th,  Nathan  Clary,  Thornton  Pool,  Fred'k 
S.  Clary. 

OJiC'srs  of  Rffiiftf ration. — 1st  District,  O.  J.  Keller ;  2d,  Dennis Scholl ; 
3d,  John  M.  Herbert;  4th,  G.  W.  Barrick;  5th,  J.  A.  Adelsperger; 
6th,  J.  A.  Wolle  ;  7th,  George  W.  Beall ;  8th,  Hamilton  Lindsay  ;  ^)th, 
Charles  AVood  ;  10th,  Peter  Hauver ;  11th,  William  Carmack ;  12th. 
Robert  II.  Boteler  ;  13th.  William  Shul'z;  14th,  Charles  Gross;  15th, 
B.  CoUiflower;  16th,  Joseph  Brown;  17th,  M.  T.  Starr;  18th,  W.  R. 
Dorsey. 

Frederielc  City. — The  following  Officers  of  ReGfistration  are  appoint- 
ed by  the  Governor,  under  the  Act  ol  1872,  cb.  348.  for  the  city  of 
Frederick  :  1st  Ward.  James  Carlin;  2d,  John  W.  Riordon  ;  3d.  Jo- 
seph Payne;  4th,  William  Buessing ;  5th.  William  Miles;  Gth,  Vin- 
cent H.  "Freaner;  7th,  T.  C.  Landerkin;  8th,  Lewis  Mobberly  ;  9th, 
Robert  G.  Lamar ;  10th.  Charles  B.  Tyson. 

Visitors  to  St.  John's  Literary  lutstiluts.— George  R.  Dennis,  Edward 
Shriver,  John  liitchie. 

Visitors  to  Frederick  Female  Seminary. — William  J.  Roes,  Thos.  M. 
WoU. 

Notaries  Pullic. — Henry  Williams,  William  Walsh,  [Frederick  city.] 

State  Armorer. — Lawrence  J.  Brengle. 

Coroner. — Thomas  Ott.  . 


488  HARFORD   COUNTY. 

GARRETT     COUNTY. 

County  -Seaf— OAKLAND. 

Resident  Judge  of  Circuit  Court. — [See  page  473.] 

Clerk  of  Circuit  Court. — W.  H.  Tower. 

Sheriff. — Edmund  Jamieson. 

State's  Attorney.— :i.  W.  Wolfe. 

Auditor. — Jolia  W.  Veitch. 

Commisfiioners  to  take  Testimony. — John  W.  Veitch.  John  M.  Read. 

Bailiffs. — James  Bell,  Wm.  Walts,  Thomas  Bosley. 

Crier. — William  Smouse. 

Terms  of  Court. — Third  Monday  in  March  and  second  Monday  ir 
September  with  Juries;  and  six  Equity  terras — the  third  Monday  in 
January,  March,  May,  July,  and  the  second  Monday  in  September 
and  November. — 1874,  ch.  144. 

Judges  of  Orphans'  Court. — D.  H.  Friend,  Jos.  Dewitt,  Wm.  Harvey. 

Register  of  Wills. — Wm.  L.  Rawlings. 

Surveyor. — A.  C.  Mason. 

County  Commissionei's. — Geo.  W.  Blocker,  Henry  E.  Friend,  Elisha 
Umbell. 

ClerL—Qt.  W.  Merrill. 

Constables. — 1st  District,  B.  F.  Hoye;  2d,  William  Barnthouse;  3d; 

Frank  McKenzie;  4tli, ;  5th,  Aaron  Buyer;  0th.  Wm.  A. 

Wilbrun;  7th,  J.  B.  Brant,  E.  J.  Fringer  ;  8th,  — ^ ;  9th, 


Executive  Appointments. 

Justices  of  the  Peace. — 1st  District,  Wm.  Sharpless,  J.  H.  Wilson; 
3d,  Isaac  Umbel;  3d,  John  T.  Patterson;  4th,  Alexander  C.  Good, 
Andrew  J.  Warnick  ;  5th,  Sylvanus  Butler,  William  Hinebaugh;  6th, 
Wm.  Browning,  sr.;.  7th,  E.  G.  Hall. 

Officers  of  Registration. — 1st  District,  Geo.  W.  Kitzmiller  ;  2d,  James  ■ 
Hilust;  3d,  Isiiiah  Fuller;  4th,  Wm.  H.  Bernard;  5th,  Eli  McMillan; 
6th,  Thomas  Browning;  7th,  Wm.  H.  Hall;  8th,  Isaac  J.  Thompson  ; 
9th,  Geo.  L.  Layman. 

Notary  Public. — Richard  B.  Jamison. 


HARFORD    COUNTY. 

County  Seat.—B^li  AIR. 

Resident  Judge  of  Circxdt  Court. — Hon.  James  D.  Walters. 

Clerk  of  Circuit  Court. — A.  Lingan  Jarrett. 

Deputy  Clerks. — Joseph  H.  Ely,  Richard  T.  Martin. 

State's  Attorney. — Thomas  C.  Hopkins. 

Sheriff'. — William  B.  Jarrett. 

Auditor. — William  H.  Dallam. 

Crier. — Thomas  Heudon. 


HOWAUD   COXj^IT?.  489 

Bailiffs. — John  Bauer,  Barney  Dunni^an. 

J'erins  of  Court. — Second  Monday  in  May, February  and  November; 
and  September,  without  a  jury. 

Jvjges  of^Orpham^  Court. — Thomas  Bay,  George  Hayes,  C.  W. 
IJillingsley. 

Register  of  Wills.— T>r.  William  S.  Richardson. 

Deputy  Register. — B.  FT.  Hanson. 

Surceyor. — J.  Martin  McNabb. 

County  Commissioners. — Joshua  Scarff,  William  M.  Ady,  James  M. 
(Jain,  J.  Frank  Keasin,  Hugh  T.  Heaps. 

Clerk. — James  A.  Fulton. 

Collectors  of  Taxes.— \st  District,  Israel  D.  Proctor;  2d,  George  B. 
Silver;  3d,  John  C.  Hanua;  4th,  James  M.  Scarflf;  5th,  Archibald 
ficaps. 

CoiutaUes.—lsi  District,  James  R.  Taylor;  2d,  Thomas  J.  Sunder- 
land, Jno.  C.  Charshee  :  3d.  Charles  S.  Watterman,  John  J.  Alexander, 
Isaac  C.Pyle;  4th,  JesseP.  Rutledtre.  William  C.  Carroll.  Lewis  King; 
oth.  George  A.  Markland,  R.  S.  McNutt;  Gth,  John  Hopkins. 

Ocerseei-  of  Alinshoune.. — Hugh  Smith. 

Executive  Appointments. 

Justices  of  the  Peace. — 1st  District,  B.  Legoe,  John  H.  Brndford, 
Jackson  Dorney ;  2d,  William  Wiles,  Richard  Lollin.  Everett  G. 
Jlughes,  John  B.  Foy,  George  Harris;  3d,  Thomas  H.  Snowden.  James 
A.  Fulton,  Richard  T.  Martin,  John  Trago,  Joseph  W.  Shroff,  Amos 
Gilbert :  4th,  J.  G.  Luckey,  John  D.  Alderson,  Thomas  B.  Devoe,  Sam- 
uel Arthur,  Caleb  Wright ;  5th,  Cyrus  H.  Pusey,  A.  W.  Scarborough, 
R.  D.  Orr,  John  Daugherty,  John  M.  Cooley;  (ith,  A.  S.  Adams,  B.  F. 
Heath. 

Of)icers  of  Registration. — 1st  District,  Wm.  Hanway ;  2d,  Jarrett 
Baldwin;  3d,  William  H.  Diver;  4th,  George  H.  Cairnes;  oth,  Sam- 
uel M.  AVhiteford;  6th,  William  G.  Burke. 

Coroner. — Nathan  Dean. 


HOWARD    COUNTY. 

Comty  ,9cffl«.— ELLICOTT  CITY. 

Resilient  Judge  of  Circuit  Court. — Hon.  Edward  Hammond. 

Chrk  of  Circuit  Court. — Louis  J.  Watkins. 

Deputy  Clerh. — Thomas  G.  Watkins. 

State's  Attorney. — Henry  E.  Wootten. 

Sheriff. — Walter  Dorsey. 

Deputy  Sheriff  and  Jailer. — R.  C.  Cooms. 

Auditor. — John  S.  Tyson. 

Commissioners  to  take  Testimony. — Wm.  A.  Hammond.  E.  T;inthicimi. 

Terms  of  Court.— 'Ylnvd  Monday  in  March  and  First  Monelay  in 
September. 

Judges  of  Orphans'  Court. — J.  F.  Gordon,  Martin  H.  Batson,  Dye 
\V.  Worthin<rtun. 


490  KENT    COUUTY. 


Register  of  Wills. — Benjamin  H.  Dorsey. 

County  Commissioners. — Jerome  C.  Berry.  Sam'l  BroT^'n.  .Tos.  Barlow. 

Clerk  to  Commissioners. — George  R.  Shane.  < 

Constatjles. — 1st  District,  John  H.  Resan,  William  A.  Smallwood ; 
2d,  Georee  W.  Isaacs  ;  3d,  John  Norwood  ;  4th,  Gustavus  Warlield ; 
5th,  W.  W.  Iglehart ;  6th,  William  Clark. 

Tax  Collectors. — 1st  District,  George  W.  Buckingham  ;  2d,  S.  T. 
Brown ;  od,  Robert  Scaggs. 

Executive  ApporxTMENTS. 

Justices  of  the  Peace. — 1st  District,  George  W.  Boswell,  John  Ver- 
million; 2d, George  R.Shane,  James D.  Cooke,  Joseph  Hunt;  3d, Geo. 
Rippard,  Elias  Hobbs,  Samuel  Ridgely,  John  Varney  ;  4th,  George  F. 
Kinsey,  Lloyd  W.  Delawder,  Reuben  Warlield ;  otii,  Ge(jrge  W .  Carr, 
William  P.  Ridgely,  Joseph  Smallwood ;  6th,  John  H.  Hull,  Thomas 
J.  Pitt. 

Officers  of  Registration. — 1st  District,  John  H.  Reasaw ;  2d,  Ephraim 
Gallager;  3d,  Remus  R.  Hobbs;  4th,  Rufus  Burdette;  5th,  Caleb  N. 
Wartield  ;  6th,  George  G.  Latchford. 

Register  of  Ellicott  Ci^y.— Walter  S.  Tabler. 

Coroner. 

Notary  Public. — William  B.  Peter. 


KENT    COUNT  Y. 


County  5eae— CHESTERTOWN. 

Resident  Judge  of  Circuit  Court. — Hon.  Joseph  A.  Wickes. 

Glerh. — David  C.  Blackburn. 

Deputies. — Harry  C.  Chase,  John  W.  Palmer,  Yv^.  M.  Gilpin. 

Sheriff. — Edward  Plummer. 

Depxity  Sheriffs. — William  J.  Plummer.  Alfred  M.  Hui'iock. 

State's  Attorney. — James  Alfred  Pearce. 

Auditw: — George  Vickers. 

Special  Auditor. — Eben  F.  Perkins. 

Crier. — Benjamin  B.  Wroth. 

Bailiffs. — George  C.  Adkinson,  Michael  M.  Glenn. 

Terms  of  Court. — Third  Monday  in  April  and  October. 

Judges  of  Orphans''  Court. — James  iJeck,  of  George,  Wm.  T.  Hepbron, 
Cornelius  J.  Scott. 

Register  of  Wills. — William  Stevens. 

Bepnity  Register. — T.  Waters  Russell. 

Surveyor. — H.  H.  Gresham. 

County  Commissionei-s. — Robert  S.  Griffith,  James  A.  Rosebery,  R. 
Benny  H.  Wilson. 

Clerkto  Commissioners. — John  Russell. 

Tax  Collectors. — 1st  District.  George  W.  ChrisfieM  :  2d,  Nathaniel 
S^'.  Comcgys;  8d,  J.  Wrightson  Howard;  4th,  James  Brice ;  oth,  Jno. 
A.  Kuiusua. 


MONTGOMERY   COirNTY.  491 

Trustees  of  Alms7iovse.—Th>..-.  P.  Dixon,  Jacob  Ilighly,  John  Brice. 

/Standard  Keeper. — U.  A.  '\  Garrett. 

Comtahles.—Ut  District,  John  H.  Thomas,  Alfred  S.  Hurlock;  2d, 
Charles  W.  Warren ;  3d,  Harrison  E.  Cooper  ;  4th,  Samuel  L.  Raw- 
leigh,  David  A.  Benjamin ;  5th,  John  M.  Hersh,  Joshua  Mcekins. 

Executive  Appointments. 

Jvstiees  of  the  Peace.— Ist  District,  Thomas  K.  Stephens,  William  J. 
Blackiston;  2d,  Daniel  U.  Dewees,  William  Medders;  3d,  J.Evans 
Thomas,  Daniel  B.  Neall ;  4th,  T.  Waters  Russell,  Charles  A.  A.  Stan- 
ley ;  5th,  Samuel  C.  Brannock,  Robert  W.  Calder. 

Officers  of  Registration. — 1st  District,  James  P.  Mason;  2d,  Leonard 
A.Pennington;  3d,  Thomas  H.  Kennard  ;  4th,Edwurd  J.  Willis;  5th, 
Abel  J.  Rees. 

Notary  PvUic. — Charles  Estes,  at  Chestertown. 

Coroners.— Ut  District,  W.  K.  Sutton;  2d,  Frisby  H.  Boulden  ;  3d, 
Robert  L.  Usiiton ;  4th,  John  Bordley  ;  5th,  John  Buyer. 


MONTGOMERY    COUNTY. 

County  Seat.—ROCKYlhLB. 

ResjcJmt  Judges  of  Circuit  Court. — Hon.  Richard  J.  Bowie,  Hon.  W. 
Viers  Bouic. 

Clerk  of  Cireuit  Court. — E.  Barrett  Prettyman. 

Deputy  Clerks. — Reynolds  S.  Patterson,  George  R.  Braddock,  Chas. 
W.  Prettyman. 

State's  Attorney. — Spencer  C.  Jonea. 
/S^eW^".— Edward  H.  Waters. 

Deputy  Sheriffs.— J.  R.  Miller,  W.  O.  Kingsbury,  Charles  T.  Kings- 
bury, Horace  R.  Titlow,  Jno.  H.  Austin,  H.  O.  Higgins. 
Auditor. — James  W.  Anderson. 
Crier. — John  R.  Miller. 

Terms  of  Court. — First  Monday  in  February,  and  second  Monday 
in  August. 

Judges  of  Orphans^  Court — H.  B.  Cashell,  Dr.  A.  H.  Sommers,  Edw. 
M.  Owen. 

Register  of  Wills. — Robert  W.  Carter. 
Surveyor. — William  Grady. 

County  CommisHioners. — Remus  G.  Dorsey,  Horace  Waters,  Jolm  H. 
Dade,  Stephen  M.  Lyddans,  Samuel  S.  Cashell. 
Clerk  to  Commissioners. — Joseph  A.  Taney. 

Colltctoi-sof  Taa-es. — Jno.  H.  Williams, Griffith,  S.  C.  Thompson, 

Wm.  A.  Veirs,  Jno.  W\  Beall. 

ConstaUes. — John  W.  Wallick,  Marcellus  Etchison,  R.  A.  Burton, 
John  R.  Miller,  R.  W.  Sti-vcns,  Isaiah  Soper,  Horace  R.  Titlow,  J.  H. 
Austin.  Isaac  T.  Pyles,  Thomas  Bean. 

Trustees  of  Almshouse. — T.  I.  D.  Bowie,  Douglass  Clopper,  Henry 
Pumphrcy,  M.  Green,  W.  W.  Owen. 


492*  FKiNCE  qeokge's  county. 


Executive  Appotntments. 

J^tstices  of  the  Pencp. — 1st  District,  Henry  N.  Harris,  Samuel  Ricrss, 
of  G..  John  T.  Warfield,  James  B.  Guitlier;  '^d,  .Ino.  W.  Taylor,  Geo. 
W.  Darl)V,  Charles  H.  Murphy,  J.  C.  W.  Kemp;  3d,  S.  S.  Hays,  N.  T. 
Tall'ot,  B.  F.  Reid,  Edmund  G.  Dulev ;  4tli,  E.  L.  Hays,  Thos.  H.  Offutt, 
D.  H.  Bouic,  John  Offutt,  S.  W.  Magruder;  5th,  John  T.  Baker,  Wm. 
D.  Williams,  Michael  J.  Brown,  Perry  Leizear. 

Officem  of  Reglatration. — 1st  District,  A.  G.  Merriweather ;  2d,  Edw. 
G.  Gardiner;  3d,  Wm.  T.  Jones;  4th,  Reynolds  S.  Patterson;  5th, 
M.  L.  Richardson. 

Coroncra. — Muitin  J.  Higgins,  Edward  Horner. 


PRINCE  GEORGE'S  COUNTY 

Covnfy  -9m;-UPPER  MARLBOROUGH. 

Juflges  of  Circuit  Court. — [See  page  477.] 

Cleric  of  Circuit  Court. — henry  Brooke. 

State's  Attornej/. — George  C.  Merrick. 

Sfierijl'. — Harrison  Wallis. 

Terms  of  Court. — First  Monday  in  April  and  October,  and  third 
l^iondav  in  January  and  June. 

JuJiies  of  Orphaiis'  Coui't—Jas.  B.  Belt,  Rich'd.  L.  Ogle,  Chas.  Clegett. 

lle(j'ihter  (f  Wills. — AVilliani  A.  Jarboe,  jr.     [Elected  in  1871.] 

Surveyor. — George  W.  Jackson. 

County  Comnrissioners. — -Alex.  P.  Hill,  Fielder  C.  Duvall,  Benjamin 
Brashears,  Benjamin  F.  Duvall,  Thomas  H.  Lusby. 

Ckrh 

GonataUes. — F.  O.  Sansbury,  Edward  Jones,  Upper  ^Tarlborough  ; 
Dciniel  Garner,  Brandy  wine;  William  F.Watson,  George  H.  Hyde, 
Horse  Head;  James  T.  Givens,  Silver  Hill;  Sol.  J.  Chuney,  Mitchells- 
•"ille;  William  Boswell,  Piscataway. 

Executive  Appointments, 

Judir.es  of  the  Peace. — 1st  District,  Louis  O.  Wissman,  George  Hop- 
kins; Wiillam  Stanley,  Alired  Beckett;  2d.  Dionysius  T.  Sh'-Till',  Dan- 
iel Barron,  Stanley  N.  Magruder,  Zaehariali  Shaw;  3d,  James  Harris, 
Thomas  H.  Osbourn  ol'T.,  1  Sector  Pum])hrey,  James  H.  Ritchie;  4th, 
John  H.  Thomas,  Zachariah  R.  Mortran,  J.  Benson  Perrie,  J.  B.  Bond; 
5th,  .lames  P.  Kerby,  Gerard  W.  Brandt,  Joseph  M.  Parker,  Robert 
W.  Brooke;  Gth,  Francis  'J'olson,  Wm.  B.  Bavne,  jr..  Abner  T.  Hood, 
Wm.  H.  Woods;  7th,  Geo.  W.  Page,  Rich'd  Peach,  Geo.  A.  Mitchell, 
Jno.  P.  Ho])kins  ;  8th,  Geo.  E.  Orme,  John  T.  W.  Compton,  James  W. 
Richards,  C.  WicklilVe  Claggett;  9th,  John  V.  Piles,  Robert  \V.  Hun- 
ter; lUth,  James  A.  Crandcll,  John  W.  Wliiteside;  lllh,  Richard  T. 
RobinsoQ,  John  E.  Tliompson,  Matthew  J.  Kaldenback,  John  A.  Coe; 
13th.  Wm.  S.  McPherson. 

Ojlicers  of  Registration. — 1st  District,  George  S.  Parker;  2d,  George 
W.  Du vail  of  George;  3d,  Wm.  H.  Harper";  4th,  Jeremiah  Golfren; 


ST.  MARy'S   COUNTY.  493"'* 

5th,  James  A.  Gregory;  6th,  James  J.  Jarboe:  7th,  T.  Blake  Brooke; 
8th,  Gunr^c  W.  Thomas;  9th,  Walter  P.  Grimn ;  10th,  Geo.  Wheeler; 
lUii,  Tliomas  H.  Osbourn,  ol  Charles. 
JS'olartj  ruUic. — Frederick  J.  Luber,  at  Laurel. 


QUEEW    ANNE'S    COUNTY. 

County  £rea^— CENTREVILLE. 

Resident  Judge  of  Circuit  Court. — Hon.  John  M.  Robinson. 

Clerk  of  Circuit  Court. — Wm.  A.  G.  Hobbs. 

State'a  Attorney. — Thomas  J.  Keating. 

Slierijf. — Thomas  C.  Bailey. 

I'ertnis  of  Court. — First  Monday  in  May  and  November. 

Jwhjts  of  Orphans'  Court. — Richard  C.  Tilghman,  Augustus  McCabe, 
Walter  K.  White. 

Regider  of  Wilh. — James  P.  Dudley. 

County  Commissioners. — Wm.  Sanner,  Jno.C.  Hackett,  Mordecai  Price. 

Tax  Collectors.— 1st  District,  Robert  N.  H.  Roe;  2d,  Colin  F.  Hol- 
lingsworth;  3d,  Wm.  Kent  Sparks;  4th,  James  Denney;  5th,  Wm. 
Carmiciiuel. 

Surveyor.— Ben^&min  S.  Elliott. 

Executive  Appointments. 

Justices  of  the  Peace. — 1st  District,  Charles  W.  Glandincr,  W.  D.  Tar- 
button,  W.  S.  Meredith;  2d,  Joseph  Guest,  E.  S.  Valiant"^  William  D. 
Smith  ;  3d,  Robt.  Goldsborough,  E.  T.  M.  Foreman,  Jno.  W.  Turmau  ; 
4th.  John  C.  Tolson,  John  O.  Philips;  5th,  James  J.  Taylor,  Levi 
Pi])])in. 

Officers  of  Registration. — 1st  District,  J.  Morling  Sudler;  2d,  Wash- 
ington Collins;  3d,  Benj.  M.  Wright;  4th,  James  Dennis;  5th,  Thos. 
R.  Embert. 


ST.    MARY'S    COUNTY. 

County  /Sraf— LEONARDTOWN. 

Resid^7it  .Judge  of  Circuit  Court. — Hon.  Robert  Ford. 
Clerk,  of  Circuit  Court. — J.  Frank  Ford. 
State's  Attorney. — J.  Parran  Crane. 
Sheriff. — Benjam in  Fo x well, 
Awlitor. — Robert  C.  Combs. 
Crier. — James  F.  Watlien. 
Messenger. — J.  Jackson  Graves. 

i?a////A.— Thomas  P.  Grey,  Z.  Lathrum,  Joseph  Lathrum. 
Terms  of  Court.— Vhivd  Monday  in  March  and  September,  and  first 
Monday  in  June  and  December. 


494*  SOMERSET    COUNTY. 

Judges  of  Orpham''  Court. — Dr.  A.  J.  Spaulding,  Leonard  H.  Canter, 
Zachariah  H.  Tippett. 

Register  of  Wills.— 3.  T.  M.  Rai"y. 

Surveyor. — George  B.  Dent. 

County  Commissioners. — John  B.  Abell,  John  Parsons,  Philip  H. 
Dorsey,  Absalom  C.  Tennisson.  Aloysius  F.  Fenwick. 

Cle)-k  to  Commissioners. — Clark  J.  Durant. 

Treasurer  to  Commissioners. — John  Parsons. 

Trustees  of  Almshouse. — Thomas  O.  Spencer,  Thomas  K.  Langley,  B. 
J.  Abell,  Philip  G.  Love,  James  L.  Sutton. 

Collectors  of  Taxes. — John  L.  Foxwell,  Wm.  Ford,  Geo.  A.  Simms, 
D.  Coode,  J.  H.  Alvey,  R.  King  Clarke. 

Constables. — John  L.  Foxwell,  Henry  Crane,  R.  M.  Edwards,  James 
H.  Saunders.  George  A.  Simms,  J.  M.  Wilkinson.  James  R.  Alvey,  D. 
Coode,  Joseph  H.  Shemwell,  James  H.  Alvey,  R.  King  Clarke. 

ExEctTiTE  Appointments. 

Justices  of  the  Peace. — 1st  District,  David  W.  Tyler,  James  B.  Loker, 
Josiah  M.  Biscoe ;  2d,  James  S.  B.  Hammett,  Thomas  Dent,  Francis 
J.  Tliomas,  Jas.  A.  Wise;  3d,  Joseph  F.  Morgan,  Daniel  C.  Hammett, 
Zachias  Tippett,  William  F.  Perry ;  4th,  Charles  J.  Russel,  Thomas 
H.  Fowler,  Walter  L.  Dent,  John  C.  Hurry;  5th,  Geo.  W.  Burroughs, 
Henry  C.  Dent,  Henry  C.  Adams ;  6th,  James  G.  Spalding,  Zachariah 
Spalding,  William  B.  Tucker. 

Officers  of  Registration. — 1st  District,  G.  M.  C.  Jones;  2d,  Benedict 
Magill;  3d,  Joseph  S.  Ford;  4th,  R.  Thomas  Barber;  5th,  John  B. 
Barbour;  6th,  Stej^hen  Jones. 

Notary  Puhlic. — William  A.  Fenwick. 

C&roners. — William  B.  Bean,  St.  Inigoes;  Jno.  B.  Russell,  Chaptico. 


4 
SOMERSET    COUNTY. 

County  ;Seffl«— PRLNCESS  ANN. 

Resident  Judge  of  Circuit  Court. — Hon.  L.  T.  H.  Irving. 

Clerk  of  Circuit  Court. — Levin  L.  Waters.     [Elected  iu  1871.] 

Deputy   Clerks. — Wm.  W.  Wise,  Wm.  H.  Bowen. 

State's  Attorney. — Henry  Page. 

Sheriff. — Benjamin  F.  Lankford. 

Auditor. 

Crier. — William  H.  Smith. 

Terms  of  Court. — Second  Monday  in  January,  April,  July  and  Oc- 
tober. 

Judges  of  Otyhans'  Court. — William  A.  D.  Bounds,  Thomas  E.  Bal- 
lard, Joshua  U.  Ilaiuly. 

Register  of  Wilts.— Dr.  William  H.  Gale.     [Elected  in  1873.] 

Surveyor. — Luther  11.  Briddle. 

County  Commissioners. — Harry  S.  White,  George  C.  Powell,  Luther 
R.  Blades. 


TALBOT   COUNTY.  495* 

Clerh. — Levin  Handy. 

Constables. — James  W.  Layfield,  P.  J.  Chelton,  L.  A.  T.  Covington, 
Oliver  S.  Horsey,  John  H.  Parsons,  jr.,  Theodore  H.  Stirling,  John  H. 
Fontaine. 

Trustees  of  the  Poor. — Robert  Brinkley,R.  Dashiell,  Smith  Cromwell. 

Standard  Bearer. — Joshua  Lankford. 

Executive  Appointments. 

Justices  of  the  Peace. — 1st  District,  Thos.  T.  Upshur,  John  TV.  "War- 
wick, Lewin  H.  Curtis.  Thomas  J.  Cantwell;  2d.  Dr.  C.  H.  Hvland, 
Asbury  McGrath;  3d,  H.  T.  Tall,  Smith  Lankford,  Samuel  L."  Tall, 
Colmore  McCready;  4th,  Edward  T.  Stevens,  Elijah  Gibbons;  5th, 
Joseph  P.  Webster;  6th,  Aljah  Whittintrton,  Thomas  Furniss ;  7th, 
David  Tyler,  Thos.  K.  Whealton,  James  H.  Goodsell,  Michael  Somers; 
8th,  William  Coalbourn  of  John,  John  W.  Handy;  9th,  Geo.  T.  Rowe, 
Samuel  Webster. 

Officers  of  Registration. — 1st  District,  Josiah  W.  Pollitt:  2d,  Thos. 
W.  Kelly;  3d,  Thomas  H.  Tull ;  4th,  William  T.  Hargis;  5th,  S.  D. 
Bounds;  6th,  George  Davev;  7th,  William  V.  Sterling;  bth,  John  C. 
Horsey  ;  9th,  B.  T.  J.  B.  Jones. 

Coroners. — William  H.  Smith,  James  L.  Horsey. 

Notaries  PulJic. — Henry  W.  Dougherty,  at  Princess  Ann ;  Thomas 
H.  Bock,  at  Crisfield. 


TALBOT    COUNTY. 

County  5m<— EASTON. 

Judges  of  Circuit  Court. — [See  page  472.] 

Clerk  of  Circuit  Court. — J.  Frank  Turner. 

Recording  Clerk. — Peter  Stevens. 

State's  Attorney. — Charles  H.  Gibson. 

Auditor. — William  M.  Holliday. 

Sherif.—^.  C.  Fitzjarrell. 

Cr/e?-.— William  K.  Rathell. 

Bailiffs. — John  Leonard,  W.  H.  Bostick,  Wliittington  Cox. 

Termsof  Court. — Third  Monday  in  May  and  November,  (Jury  terms.) 
First  Monday  in  February,  and  fourth  Monday  in  July,  (lutermediate 
terms.)  Rule  days. — The  first  day  of  each  term,  and  first  Monday  in 
January  and  April,  fourth  Monday  in  June  and  third  Monday  in  Sep- 
tember. 

Judges  of  the  Orphans''  Court. — Thomas  H.  Leonard,  Wm.  D.  Roberts, 
Wm.  H.  Bruflr. 

Register  of  Wills. — Tilghman  N.  Chance. 

Surveyor. — James  T.  Small. 

County  Commimoners. — Samuel  B.  Merrick,  John  C.  Harper,  Ed- 
ward Y.  Davis. 

Clerk  to  County  Commissioners, — M.  H.  D.  Harper. 


496*  WASHINGTON    COUNTY. 

Constables. — 1st  District,  A.  H.  Larrimore,  W.  H.  Collier ;  2d,  Edwin 
P.  Sparks,  James  Harrison,  jr. ;  3d,  Silas  A.  Simpson,  Greenbank  Oz- 
mon ;  4th,  Edward  A.  Matthews,  Thomas  J.  Rowius ;  5th,  W.  V.  B. 
Jackson. 

Collectors  of  State  and  County  Taxes. — Walter  H.  Thompson  of  Eas- 
ton,  Wm.  S.  Denny  of  St.  Michaels. 

Trustees  of  Almshouse. — Solomon  S.  Hopkins,  Wm.  S.  Collins  of 
Trapi^e,  Jas.  H.  Ridgaway  of  Chapel. 

Executive  Appointments. 

Justices  of  the  Peace. — 1st  District,  Perry  W.  Stewart,  William  B 
Wheeler,  N.  E.  Nicols  ;  2d,  O.  P.  Sparks,  Edward  Willey,  Ji  Addison 
Robinson,  Samuel  W.  Neavitt ;  3d,  Charles  P.  Craig,  Edward  S.  Har- 
rison, Robt.  R.  Butler ;  4th,  A.  W.  P.  Robinson,  Thomas  J.  Slaughter; 
5th,  Alex.  H.  Seth,  James  H.  Caulk. 

Officei's  of  Begistratiop. — 1st  District,  Peter  Stevens;  2d,  John  T. 
Harrison ;  3d,  Jonathan  H.  Leonard ;  4th,  Alex.  Leadman ;  5th,  Jos. 
B.  Lowe. 

Armorer. — Wm.  J.  Roberts,  Easton. 

Coroners. — Robt.  6.  Kinnamon,  AV.  H.  Bostick. 

Notary  Public. — John  Satterlield,  at  Easton. 


WASHINGTON    COUNTY. 

County  >Srm<— HAGERSTOWN. 

Besident  Judges  of  Circuit  Court. — Hon.  R.  H.  Alvey,  Hon.  William 
Motter. 

Clei'h  of  Circuit  Court. — George  B.  Oswald. 

Deputy  Clerks. — Geo.  F.  Burkhart,  Oliver  B.  Ridenour,  Thomas  P. 
Betts. 

State's  Attorney. — Henry  H.  Keedy.  [Appointed  Nov.  1873,  in 
place  of  John  C.  Zeller,  deceased.] 

Sheriff. — Jacob  Marker. 

Deputy  Sheriffs.— CoL  R.  E.  Cook,  John  E.  White. 

Auditor  in  Equity. — Alexander  Neill. 

Crier. — Joseph  Boward. 

Bailiffs.— John  B.  Bachtell,  Wm.  H.  Post,  Andrew  McCoy,  Ered'k 
A.  Grim. 

I'erms  of  Court. — Law  terms,  second  Monday  in  February  and  May, 
and  tliird  Monday  in  November;  also,  six  equity  terms — first  Monday 
in  April,  second  Monday  in  May,  fourth  Monday  in  July,  third  Mon- 
day in  September  and  November  and  the  second  Monday  in  February. 

Jxidges  of  Orphans'  Court.— iosmh.  F.  Smith,  Chief  Judge;  William 
H.  Knode,  John  L.  Smith. 

Begister  of  Tri'Ws.— Thomas  E.  Hilliard. 

Deputy  Begister  of  Wills.— ^.  F.  Keller. 

Surveyor. — S.  S.  Down  in. 

Cou7ity  Commissioners.— Ucnrj  Funk,  Joseph  Seibert,  John  Fessler, 
George  W.  Brown,  Elias  Young. 

Clerk  to  County  Commissioners. — Geo.  T.  Loiter. 


WICOMICO   COUNTY.  497* 

Trustees  of  Almshouse. — Jacob  H.  Powles,  George  G.  Middlekoufl', 
Benjamin  F.  Fiery. 

Keeper  of  Almshouse. — Jose])h  A.  Hamersla. 

CoUcctur  of  State  and  Counti/  Tuns. —  William  N.  Keller. 

Constables. — 1st  District,  David  Pennell,  A.  R.  Miller;  2d,  James  H. 
Long;  3d,  Jacob  H.  Zook,  Albert  Hillmyer;  4th.  Francis  Pike;  5th, 
John  P.  Troxell;  Cth,  J.  B.  Blecker,  Solomon  Neikirk:  7th,  W.  H. 
Huwkeu:  bth,  Jacob  ^M.  Buck,  Alexander  A.  Grim;  9th,  Jacob  D. 
Withard;  lUth,  A.  H.  t?uman;  12tli.  John  H.  Wade,  Jacob  ^\'arreu- 
felbz;  13th,  Philip  H.  Keibert,  \\m.  S.  Pavnc;  loth,  Samuel  Weller ; 
16th,  John  T.  Kirsey;  17th,  C.  G.  Brezler."john  H.  Cretin. 

Tn/stee  of  Antktam  Cemetery. — Thomas  Boult. 

Trustees  of  Washington  Cemetery. — Henry  Kyd  Douglas,  Geo.  Ereaner, 
James  H.  Gambrill. 

Executive  Appointments. 

Justices  of  the  Peaa. — 1st  District,  ^lortran  Miller,  Jacob  H."  Grove; 
2d,  Wm.  H.  Hawken,  John  Long,  Hiram  R.  Stickle,  Wm.  Steffey  ;  3d, 
Thos.  Taggart,  Wm.  M.  Tice,  Roirer  E.  Cook,  Jacob  A.  Wright;  4th, 
Jacob  Sosey.  Tacitus  X.  Halley,  H.  F.  Perry  ;  5th.  Chas.  Harvey,  Jacob 
Craig,  Wm.  H.  Lowe;  6th,  Jno.  Murdock,  Jno.  H.  Lakin;  7th,  Elijah 
Swope,  Horatio  N.  Harne;  8tb,  John  G.  Hine,  Josiah  Buck,  J.  E. 
Brown;  9tli,  Peter  Middlekauft',  James  W.  Leggett;  10th,  William  H. 
Mvers,  Jacob  Fierv;  11th,  Thomas  Boteler,  Thomas  Watkins;  12th, 
F.'D.  Clagett,  Sam"'!  Boyer;  13th,  Jos.  C.  Hershberger,  Da\id  S.  Pot- 
tinger;  14th,  Jonathan  Harbaugh,  Jacob  Moats;  15th,  Geo.  Yeakle, 
Robert  Shives ;  16th,  John  F.  Gray,  Benj.  Witmer ;  17th,  Joseph  A. 
Skinner,  Thomas  E.  Schleich,  Solomon  Colklesser;  18th,  Luther  D. 
Betts,  John  Neff:  19th,  John  Bark,  Aaron  F.  Baker. 

Ojficers  of  Registration. — 1st  District,  Hilliary  F.  Hebb;  2d,  John  J. 
Watson;  3d,  Amar  Startzman ;  4th,  Francis  Pike;  5th,  Henry  Z. 
Higgs;  6th,  John  C.  Brining;  7th.  Daniel  W.  Blessing;  yth,  John  Z. 
Grim;  9th,  Josephus  Ground;  10th,  Archibald  F.  JIcCov;  11th,  Saml 
B.Preston;  12th,  Jos.  Miller;  13tb,  Philip  H.  NeiI.ert;  14th,  Lewis 
A.  R.  Kohler ;  15th.  Dennis  Cain  ;  16th,  Milton  Witmer;  17th,  Jacob 
H.  Powles;  18th,  John  B.  Bachtell;  19th,  George  W.  Miller. 

Notaries  Public. — Jos.  Kausler,  AVm.  S.  Williamson,  Hagerstown; 
Jos.  L.  Motter,  Williamsport ;  Samuel  Bovey,  Clearspring. 

Coroner. — A.  J.  Harnes. 


WICOMICO    COUNTY* 

County  -Scaf.— SALISBURY. 

Judges  of  Circuit  Court. — [See  page  472.] 
Clerk  of  Circuit  Court. — Stephen  P.  Toadvine. 
Deputy  Clerk. — John  W .  Dougherty. 
State's  Attornei/. — J.  Augustus  Parsons. 
5Af?'//f.— William  S.  iloore. 
Auditor.— B..  L.  Tod^l. 
Crier. — Jose2:)h  L.  Statoru 


498*  WORCESTER    COUNTY. 

Terms  of  Court. — First  Monday  in  January  and  July,  and  Fourth 
Monday  in  March  and  Septoml)er.  Juries  summoned  to  March  and 
Seiitember  terms,  and  to  other  terms  when  a  majority  of  the  Judges 
shall  direct. 

Judges  of  Orphans'  Court — G.  L.  H.  Woolford,  James  Laws,  Hugh 
Jackson. 

Register  of  Wills. — William  Birckhead. 

Surveyor. — Samuel  E.  Foskey. 

County  Commissioners. — John  W.  Laws,  Milton  A .  Parsons,  Benj.  W. 
Truitt,  George  W.  Robertson,  Simeon  Malone. 

Clerk. — James  E.  Elgood. 

CoUectm'  of  State  Taxes. — Levin  M.  Wilson. 

Constables. — 1st  District,  Theodore  Bailey  ;  2d,  S.  B.  D.  Jones,  Geo. 
D.  Freney ;  3d,  Jno.  F.  Jister,  John  W.  Wingate;  4th,  Daniel  H.  Den- 
nis, Perry  Coulborn  ;  5th,  John  Hancock,  E.  L.  Disharoon;  6th. 

■ ;  7th,  Henry  D.  Denson ;  8th,  Wm.  W.  Hayman,  Joshua  J.  Freny ; 


9th,  John  W.  Vincent,  W.  W.  Mitchill;  10th,  Alex.  R.  Marvel,  Thus. 
Robinson. 

Executive  Appointments. 

Justices  of  the  Peace. — 1st  District,  Clement  C.  Wright,  Jas.  Gillise; 
2d,  Jas.  McJones,  Richard  J.  Darby,  Levin  A.  H.  Walter;  3d,  Minus 
Downing,  Wm.  J.  Wailes,  Dorsey  Metzick,  George  E.  Wingate;  4tli, 
Washington  R.  Dennis,  Billy  H.  Farlow,  James  C.  Littleton  ;  oth, 
Martin  L.  H.Maddox,  John  D.  Truitt;  6th,  James  Duncan,  Henrv  D. 
Powell;  7th,  William  J.  Riggin,  John  W.  Jones;  8th,  AVilliam  P. 
Causey,  William  P.  Pryor ;  9tli,  Handy  Fooks,  Joseph  C.  Bush,  J.  INIar- 
cellus  Dashiell;   10th,  Joshua  P.  Bennett,  Richard  P.  Darby. 

Officers  of  Registration. — 1st  District,  Thos.  B.  Tavlor;  2d,  Levin 
Bounds;  3d.  Robt.  C.  Mitchell;  4th,  Billy  F.  Farlow;  5th,  Joshua 
Johnson;  6th,  Kaig  V.  White;  7th,  Wm.  F.  Allen;  8th,  Thomas  C. 
Morris;  9th,  Frank  C.  Todd;  10th,  James  F.  Marine. 

Coroner. — Henry  Brewerton. 

Notary  Public. — Joseph  C.  Bell,  at  Salisbury. 


WORCESTER    COUr^TY. 

County  ^'ert!".— SNOW  HILL. 

Resident  Judge  of  Circuit  Court. 

Clerk  of  Circuit  Court. — Irving  T.  Matthews. 

Deputy  Clerk. — A.  Sydney  Dynmck. 

State's  Attorney.— T.  Howard  Aloure. 

Sheriff'. — Steplien  E.  Mason. 

Auditor. — Samuel  H.  Townsend. 

Crier. — Wm.  C.  Brattan. 

Bailiffs. — John  R.  Hill,  Thomas  J.  Latchum,  George  Porter,  John 
Dickerson,  Thomas  Guthrie. 

Terms  of  Court. — Third  Monday  in  January,  May  and  July,  and 
Fourth  Monday  in  October. 

Judges  of  Orphans''  Court. — Theodore  \\.  Williams,  Francis  J.  Hay- 
man,  James  Whaley. 


/ 


WORCESTER   COUNTY.  499* 

Reghter  of  WilJft. — George  T.  Brattan. 

Surreijor. — Win.  II.  Richardson. 

WrecJcmaster. — James  By-ch. 

Count}/  Commissioners. — Sanuiel  Benson,  Selby  P.  Truitt,  B.  Jones 
Taylor,  Peter  W.  Hancock,  Uriah  Sliockley. 

Clerk  to  Commissioners. — James  S.  Jones. 

Collectoi' of  Taxes. — Stejihen  E.  Mason. 

Trustees  ofPoor.—^dhn  R.  Pnrnell.  I.  F.  Merrill,  Jno.  B.  Timmons. 

Keeper  of  Weig/its  and  Measures. — Thomas  Godfrey. 

Const(Mes.—lsi  District, White;  2d,  Samuel  T.P.  Porter:  3d, 

;  4th,  William  Bowen,jr.;  5th,  John  T.Moore;  6tli,  Jesse 

Curmeanjr.;  7th, ;  8th,  William  Sturgis,  Isaac  J.  Davis. 

Executive  Appointments. 

Justices  of  the  Peace.— 1st  District,  John  Corbin,  Jas.  L.  Nock,  Thos. 
Lambdin  ;  2d,  James  G.  Mezick,  J.  L.  Staton  ;  3d,  James  M.  Brattan, 
James  Brittingham,  Henry  A.  Smyth  ;  4th.  Ara  P.  Bowen  ;  5th,  Benj. 
T.  Parsons,  Thos.  HoUoway  ;  6th,' Benjamin  Carmine.  Roljert  T.  God- 
frey ;  7th,  Josiah  H.  Carey,  Joseph  Deveraux  ;  8th,  Major  G.  Holland, 
Henry  Brattan,  Levin  J.  Jones. 

OJkers  of  Registration.— Ut  District.  Ed.  H.  Clarke  ;  2d,  Levin  H. 
Hudson;  3d,  P.  C.  Powell;  4th,  W^m.  T.  Boston;  5th,  Wm.  L.  Law; 
Gth.  John  F.  Dickerson;  7th,  'R.  N.  Bevans;  8th,  John  H.  Burbage, 

Coroners. — Thos.  J.  Latchem,  Samuel  Taylor. 

Notarifs  Public— Ju.  B.  Purnell,  Snow  Hill ;  J.  D.  A.  Robinson,  New- 
town; Philip  C.  Nelson,  Berlin. 


493  I^EGISTRATION   OP   BIRTHS,    DEATHS    AND    MAKKIAGES. 


REGISTRATION    OP    BIRTHS,    DEATHS 
AND    MARRIAGES. 

The  Clerks  of  the  Circuit  Courts  and  the  Secretary  of  the  Senate 
have  duties  prescribed  by  the  Act  of  18(i5,  chapter  130,  providing  for 
the  Registration  of  Births,  Deaths  and  Marriages,  which  is  as  follows: 

Clerks  to  Record  Births,  Marriages  and  Deaths. 
Section  1.  The  Clerks  of  the  Circuit  Courts  of  the  several  counties 
and  the  Clerk  of  the  Court  of  Common  Pleas  of  Baltimore  city,  shall 
receive  and  record,  in  books  prepared  for  the  purpose,  the  following 
facts  concerning  the  births,  marriages  and  deaths  in  said  county  or 
city,  separately  numbering  and  recording  the  same  in  the  order  in 
which  he  receives  them,  designating  in  sej^arate  columns. 

The  Record  Book  of  Births. 

1.  In  the  record  book  of  births,  the  date  of  the  birth,  the  place  of 
birth,  the  name  of  the  child,  (if  it  have  any,)  the  sex  and  color  of  the 
cliild,  the  names  of  the  parents,  the  occupation  of  the  father,  the  resi- 
dence of  the  parents,  and  tlie  date  of  tlie  record. 

The  Record  Booh  of  Marriages. 

2.  In  the  record  book  of  marriages,  the  name,  residence,  age,  color, 
condition,  (whether  single,  widow  or  widower,)  and  occupation  of 
each  of  the  parties,  with  the  date  of  record,  which  said  particulars, 
with  the  exception  of  the  date  of  record,  shall  be  ascertained  and  in- 
serted in  the  body  of  the  marriage  license  by  the  clerk  issuing  the 
same,  and  at  the  time  thereof,  and  the  date,  place  of  marriage,  name, 
residence  and  official  station  or  title,  of  the  person  solenmizing  it,  shall 
be  duly  stated  or  certified  on  the  back  of  said  license  by  the  person 
thus  solemnizing  it,  and  return  thereof  made  as  hereinafter  provided  ; 
and  for  all  of  which  said  particulars,  suitable  blank  forms  shall  be 
furnished  by  the  Comi^troller  of  the  Treasury  to  said  clerks. — 1866, 
eh.  103. 

Date  of  Birth,  Death,  &c.  to  he  Recorded. 

3.  In  the  record  book  of  deaths,  the  date  of  the  death,  the  name  of 
the  deceased,  the  sex,  the  color,  the  condition,  (whether  single,  widowed 
or  married,)  the  age,  the  residence,  the  occupation,  the  jjlace  ol  death, 
the  place  of  birth,  the  names  and  place  of  residence  of  the  parents, 
the  disease  or  cause  of  death,  the  place  of  burial  and  the  date  of 
record. 

Record  Boole  to  le  Paged,  &c. 
Sec.  2.  The  said  record  books,  provided  for  by  the  preceding  sec- 
tion, shall  be  truly  and  regularly  paged  and  alphabetically  iniicxed, 
in  the  case  of  births,  with  the  name  of  the  child,  (if  it  have  a  name,; 
and  if  it  have  no  name,  then  with  the  name  of  the  fitlicr,  if  its  mother 
be  a  mlirncd  woman,  and  if  its  mother  be  unmarried,  then  with  the 
name  of  the  mother;  in  the  case  of  marriages  with  the  names  of  both 
parties  to  said  marriage;  and  in  the  case  of  deaths  with  the  name  of 
deceased,  or  if  said  deceased  be  an  infant  without  a  name,  then  with 
the  name  of  the  father  or  mother  of  said  deceased  infant. 


1 


REGISTRATION   OF   EIIITIIS,   DEATHS   AND   MARRIAGES.  493 

Notice  of  Births,  Deaths,  &c.  to  he  given  Clerics. 
Sec.  3.  Parents  shall  gfve  notice  of  the  facts  herein  required,  to  the 
clerk  of  the  court  aforesaid,  of  the  county  or  city  in  wliich  a  birth  or 
death  may  take  place,  every  householder  shall  <;five  such  notice  of  every 
birth  and  death  lmj>penin<i  in  his  liouse,  the  eldest  person  next  of  kin 
shall  t^ive  notice  of  the  death  of  his  kindred;  the  keeper  of  a  prison, 
hospital,  almshouse  or  other  public  institution,  shall  ijive  notice  of 
every  birth  and  death  happening  among  the  persons  under  his  charge; 
the  person  solemnizing  or  performing  the  marriage  ceremony  shall 
give  such  notice ;  any  such  person  neglecting  or  refusing  to  give  such 
notice  for  the  space  of  six  months' after  a  birth,  marriage  or  death, 
shall  forfeit  and  pay  a  sum  not  exceeding  five  dollars. 

Phyaician  to  give  Notice  of  Deaths,  &c. 

Skc.  4.  Any  physician  having  attended  a  person  during  his  or  her 
last  illness,  shall  when  requested,  within  fifteen  days  after  the  decease 
of  such  person,  forthwith  furnish  information  of  tlie  duration  of  the 
last  sickness,  the  disease  of  which  the  person  died  or  cause  of  death, 
and  the  date  of  the  decease  as  nearly  as  he  can  state  the  same. 
Persons  having  charge  of  Fuiierals  to  notify  Cleric,  &c. 

Sec.  5.  Every  sexton,  coroner,  undertaker,  or  other  jjerson,  having 
charge  of  the  obsequies  or  funeral  rites,  preliminary  to  the  interment 
of  the  body  of  a  stranger  or  friendless  person,  shall  forthwith  obtain 
and  return  to  the  clerk  aforesai^  of  the  county  or  city,  in  which  the 
deceased  resided  or  the  death  occurred,  the  facts  required  by  this  Act, 
to  be  recorded  by  said  officer  concerning  the  deceased ;  any  person 
neglecting  or  refusing  to  make  such  return  within  one  monlh  there- 
after shall  forfeit  and  j^ay  a  sum  not  exceeding  ten  dollars. 

Notice  may  he  deposited  with  Justices  of  tlie  Peace. 
Sec.  6.  The  notice  required  to  be  furnished  by  Sections  3  and  5, 
according  to  Section  1,  may  i\n  greater  convenience  be  deposited  with 
any  Justice  of  the  Peace,  residing  in  the  election  district  wherein  the 
birth,  marriage  or  death  takes  place,  and.  it  shall  be  the  duty  of  the 
said  Justices  of  the  Peace' to  transmit  the  same  to  said  clerk  every 
three  months. 

Cleric  to  Transmit  Copies  to  Secretary  of  Senate. 
Sec.  7.  The  clerk  of  the  court  aforesaid  shall  annually,  on  or  before 
the  first  day  of  February,  transmit  to  the  Secretary  of  the  Senate  cer- 
tified copies  of  the  records  of  the  births,  marriages  and  deaths,  which 
shall  have  occurred  in  said  county  or  city  during  the  year  ending  on 
the  thirty-first  of  December  preceding. 

Records  to  he  Prima  Facie  Evidence. 

Sec.  8.  The  records  of  the  clerks  of  said  courts  relative  to  any 
births,  marriages  or  deaths  shall  be  prima  facie  evidence  in  leg;d  pro- 
ceedings of  the  facts  recorded  ;  the  certificate  signed  by  said  clerk 
with  the  seal  of  his  office  affixed  thereto  shall  be  admissible  as  evi- 
dence of  any  such  record. 

Compensation  of  Clerks,  <&e. 

Sec.  9.  The  clerk  aforesaid  shall  receive  from  his  county  or  city  for 
obtaining,  recording,  indexing  and  returning  to  the  Secretary  of  the 


494  REGISTRATION    OF    BIRTHS,    DEATHS    AND    MARRIAGES. 

Senate,  the  facts  in  relation  to  a  birth,  marriji^e  or  death,  fifteen  cents 
for  each  case  recorded  as  the  same  shall  be  certified  by  the  Secretary 
of  the  Senate ;  he  shall  forfeit  and  pay  a  sum  not  less  than  twenty  nor 
more  than  fifty  dollars,  for  each  refusal  or  neglect  to  perform  any  duty 
required  of  him  by  this  Act. 

Secretary  of  the  Senate  to  Furnish  Boolcs. 

Section  10.  The  Secretary  of  the  Senate  shall,  at  the  expense  of 
the  State,  prepare  and  furnish  to  the  several  clerks  of  the  counties  and 
the  city  of  Baltimore  aforesaid,  blank  books  of  suitable  size  and 
quality  to  be  used  as  books  of  record,  and  indexes  thereto,  under  the 
provisions  of  this  Act,  and  blank  forms  for  returns,  on  paper  of  uni- 
form size,  and  shall  accompany  the  same  with  such  instructions  and 
explanations  as  may  be  necessary  and  useful. 

To  Prepare  Tabular  Eesults,  &c. 

Section  11.  The  Secretary  of  the  Senate  shall  cause  the  returns 
received  by  him  for  each  year,  to  be  bound  together  in  one  volume, 
with  an  index  thereto;  he  shall  prepare  from  the  returns  such  tabular 
results  as  will  render  them  of  practical  utility,  and  report  thereof  to 
each  regular  session  of  the  Legislature,  and  do  all  other  things  neces- 
sary to  carry  into  eifect  the  provisions  of  this  Act ;  he  shall  enforce 
by  suit  in  the  name  of  the  State,  the  recovery  of  the  forfeits  or  penal- 
ties prescribed  in  section  eight  of  this  Act,  and  he  shall  receive  for 
the  performance  of  the  duties  imposed  by  this  Act,  the  sum  of  one 
thousand  dollars  j^er  annum;  in  case  of  a  vacancy  occurring  in  this 
office  l)y  death,  resignation,  or  otherwise,  the  vacancy  shall  be  filled 
by  the  Governor  until  a  successor  shall  be  elected  and  qualified. 

Recovery  of  Forfeitures  and  Penalties. 

Sec.  12.  It  shall  be  the  duty  of  the  clerks  for  the  respective  coun- 
ties and  the  city  of  Baltimore,  to  enforce  by  writ,  in  the  name  of  the 
State,  for  the  recovery  of  the  forfeitures  and  penalties  imposed  by 
Sections  3  and  4  of  this  Act. 


THE    BALTIMORE    CITY   OFFICERS. 

UNDER  THE  STATE  GOVERNMENT. 

[See  pages  417  to  435.] 

The  following  are  the  Public  Officers  of  Baltimore  City,  elected  and 
appointed  under  the  State  Government. 


THE    COURTS. 

Baltimore  City  constitutes  the  Eighth  Judicial  Circuit  of  Maryland, 
which  contains  six  Courts  and  five  Judges,  who  compose 

"THE     SUPREME     BENCH." 

Chief  Judge. — Hon.  George  William  Brown. 

Associate  Judges. — Hons.  George  W.  Dobbin,  Henry  F.  Garey,  Camp- 
bell W.  Pinkney,  and  Robert  Gilmor,  jr. 

The  Judges  of  the  Supreme  Bench  are  assigned,  by  their  own  action, 
to  the  different  Courts  of  the  city,  as  follows : 


THE     SUPERIOR     COURT. 

Judge. — Hon.  Judge  Dobbin,  with  Judge  Garey  to  assist. 
Chief  Cleric. — George  Robinson. 
Court  Clerk.—  F.  A.  Prevost. 
Writ  Clerl'.—T\\onvd.&  B.  Gaither. 
Cashier. — R.  S.  Pennington. 
Clerk  of  Supreme  Bench. — R.  T.  Allison. 
Counter  Clei-k. —  Samuel  S.  Davis. 
Chattel  Clerk.— Thonm?,  A.  Campbell. 
Mechanics'  Lien  Clerk. — Beamer  Lawrence. 
Daily  Index  Clerk. — John  F.  Dempsey. 
Examining  CUrk. — "William  J.  Cummings- 
Deputy  Examiner. — Jacob  F.  Cook. 
Collector. — John   Robinson. 
Watchman. — "William  J.  Bowling. 
Crier. — Joseph  H.  Ruddach. 

Bailiffs. — Brice  H.  Hobbs,  Richard  S.  Hopkins,  James  H.  Cosgrovt 
and  Samuel  W.  Teal. 

Auditor. — J.  Morrison  Harris. 


COURT  OF  COMMON  PLEAS. 

Judge. — Hon.  Judge  Garey,  with  Judge  Dobbin  to  assist. 
Chief  Clerk. — I.  Freeman  Rasin. 
General  Superintendent. — John  M.  Young. 
Court  Clerk. — Joseph  J.  Grindeil. 
Cashier. — John  B.  Dempsey. 
32 


496  BAI^TIMORE    CITY    OFFICERS. 

M^rit  Clerh. — Jrames  Y.  Claypoole. 

Becord  Clerh. — James  Claypoole.  J 

Messenger. — E.  P.  Vinceute.  1 

Crier.— B.  E.  Smith. 

Bailifx.— John  B.  Ray,  Joseph  Price  and  Hnsrh  J.  Morrison. 

Commissioner  of  Insolvent  Debtors. — John  M.  Young. 

CIRCUIT    COURT    OF    BALTIMORE    CITY. 

Judge. — Hon.  Judge  Pinkney,  with  Judge  Qarey  to  assist. 

Chief  Clerh. — James  R.  Brewer. 

Docket  Cfcri.— William  H.  Gobright. 

General  and  Recoi'ding  Clerh. — William  F.  Wood. 

Recording  Clerhs. — Wm.  R.  Brewer,  J.  Monroe  Heiskell  and  Henry 
Whyte. 

Auditors. — James  W.  McElroy,  P.  Arrell  Browne. 

Bailiffs. — John  A.  Brown,  Fi'ederick  Kraft,  John  Miucher,  George 
Thompson  and  John  W.  Ilynson. 

Cojnmissioneis  to  tahe  Testimony. — John  B.  Tidy,  Jr.,  William  S. 
Pinkney. 


I 


BALTIMORE    CITY    COURT. 

Judge. — Hon.  Chief  Judge  Brown. 

Clerh. — Nathaniel  C.  Robertson. 

Court  C/<?7'^.^- William  P.  Lowry. 

Writ  Clerh. — Stanley  Hynson. 

Ci'ier. — George  M.  Hollins. 

Bailiffs. — Matthew  Clark,  John  Q.  A.  Robinson,  Robert  C.  Smith 
and  George  R.  Gold. 

Auditor  for  the  Examination  of  Committees  under  the  Inebriate  Law. —  J 

W.  A.  Warner.  ' 


4 


CRIMINAL  COURT  OF  BALTIMORE  CITY. 

Judge. — Hon.  Judge  Gilmor  with  Judge  Dobbin  to  assist. 

State'^s  Attorney. — A.  Leo  Knott. 

Deputy  State's  Attorney. — Wilson  C.  N.  Carr. 

Chief  Clerh.— Wm.  F.  McKewen. 

Court  Clerhs. — Thos.  W.  Campbell  and  Henry  J.  Meloney. 

Clerhs. — George  Howard  and  John  Qninn. 

Crier. — Edward  J.  Chaisty,  Jr. 

Bailiffs.— Geo.  W.  Jones,  John  Strible,  W.  H.  Jenkins,  H.  De  Witt 
Clinton,  Andrew  J.  Giese,  Augustus  Love,  Gerard  Hauptman  and 
Richard  T.  Gilmor. 

Superinteruient  Court  House. — A.  Jackson  Shirey. 

Watchman. — Michael  Murphy. 

Sheriff. — Augustus  Albert. 

Deputy  Sheriffs. — Isaiah  Waggner,  William  Tate,  John  M.  De  Goey, 
•lohn  Kelly,  George  Perry,  James  W.  Goodrick,  William  L.  R.  Tur- 
ner. George  W.  Roseman,  Columbus  M.  Hobbs,  John  D.  Cook,  John 
H.  Bell. 

Clerk  to  Sheriff. — James  E.  Amoss. 

Tkijms  of  Court. — The  Superior  Court,  Court  of  Common  Pleas, 
Criminal  and  City  Courts,  commence  their  terms  on  the  Second  Mon- 


BALTIMORE   CITY  OFFICERS.  497 

day  in  January,  May  and  October.  The  regular  terms  of  the  Cir- 
cuit Court,  are  the  Second  Monday  in  May,  Sei)tenil)er,  November,  .I;in- 
uary  and  IVIuich,  in  each  yeur;  and  the  Second  Monday  of  July  in 
each  year  shall  be  a  return  day. 

ORPHANS'  COURT. 

Judges  of  the  Orphans' Court.— E.oTa.  John  A.  Inglis,  Chief  Judge, 
Hods.  G.  W.  Bishop  and  G.  W.  Lindsay,  Associate  Judges. 

[See  Orphans'  Court,  page  147.] 

Jierjistei'  of  Wills. — J.  llurman  Brown. 

Chief  Clerk. — John  P.  IMurray. 

Auditing  Clerk. — John  Wilson  Brown. 

Docket  Clerk.— Wired  H.  Tilyurd. 

Cuwt  Clerk. — Frank  Carlon. 

Rrcwding  Clerks.— h.  Charles  Inglis,  Winfield  McClintock,  John  P. 
McElderry,  Chapman  Coleman  and  Thomas  Hamilton. 

Ja  n  itor.  —  William  Hunter. 

The  Court  is  in  session  every  day  except  Sundays,  from  11  A.  M., 
to  1  P.  M. 


SURVEYOR  FOR  BALTIMORE  CITY. 
Simon  J.  Martenet. 


STATE   BOARD   OP  POLICE   COMMISSIONERS, 
For    Baltimore    City. 

[See  pages  70  and  311  to  321.] 

Comynissiohers. — Wm.   B.  Fusselbaugh,  President;  James  E.  Carr, 
Treasurer;  Thomas  W.  Morse. 
C;<'?-/-.— Marriott  Boswell. 
Marshal. — John  T.  Gray. 
Deputy  Marshal. — Jacob  Frey. 
Clerk  at  Marshal's  Office. — George  W.  Wentz. 
Chief  of  Detective  Forc^. — William  C.  Crone. 
Captain,  Eastern  District. — Benjamin  F.  Kenney. 
Captain,  Middle  District. — John  Mitchell. 
Captain  Western  District. — Daniel  Lepson. 
Captain  Southern  District. — William  Delanty. 


JUSTICES  OF  THE  PEACE. 

1st  Ward,  Marcus  Ritgert,  E.  F.  Flaherty.  2d,  Henry  Cashmeyer, 
Benjamin  O.  Hatcheson.  3d,  John  T.  Farlow,  John  T.  Maddox.  4rh, 
William  A.  Dorsey.  5th,  Robert  W.  Hays,  D.  Haggerty.  Giii,  Henry 
M.  Staylor,  Lloyd  Slemmer.  7th,  Charles  F.  Winter,  John  T.  Gosneil. 
bth,  AVilliam  H.  Bayzand,  Nicholas  Robinson,  Jr.  9th,  H.  Murray 
Ilanan.  Josliua  M.  Myers.  10th,  Charles  P.  Brewer.  Geo.  McCatlrey. 
Uth,  Harry  W^.  Snowden,  Benjamin  Eggleston.  12th,  George  V. 
Met/.ell,  Upton  Scott.  13th,  Louis  H.  Damman,  George  W.  C.'^Beli. 
14tli.  V\'il!iam  H.  Hayward,  J.  W.  A.  Miller.  15th,  George  J.  Kreis, 
Samuel  Jardeu,     16th,  Augustus  Ballauf,  James  E.  Stone.     17tli,  S. 


498  BALTIMORE    CITY   OFFICERS. 

Columbus  Tall,  William  Boon.  18th,  Daniel  Bride,  C.  A.  Wheeler. 
19th,  llohert  A.  Thursby,  Edward  G.  Starr.  20tb,  Otlio  Beamei-,  Geo. 
A.  Hcmmick. 

At  Large. — Joseph   Watson,  Peter  Kries,    G.  W.  Davis  and  John 
Nick  AVatkins. 


CONSTABLES. 

[Appointed  by  the  Mayor  and  City  Council.] 

1st  Ward,  Horatio  P.  Wallace,  H.  P.  Eose.  2d,  Louis  Roll.  Wm.  J. 
Bowling.  3d,  Lewis  W.  Coleman,  A.  P.  Maddox.  4th,  William  H. 
Falkner,  Thomas  E.  Burke.  5th,  Eugene  Share,  Wm.-  S.  Murphy. 
6th,  Joseph  T.  Pearson,  William  F.  Eberwein.  7th,  Charles  E.  Har- 
rigan,  Peter  Alt.  8th,  Charles  Quinn,  John  Duffy.  9th,  Edward 
Kearney,  Charles  Parker.  lOtli,  Vv'illiam  H.  Gill,  L.  H.  Weinian.  11th, 
Joseph  E.  Wilson,  John  W.  Nevin.  12th,  Stephen  A.  Morse,  David 
H.  Lucchesi.  13th,  George  W.  ILiyne,  Samuel  Reese.  14th,  Oliver 
Walker,  Eli  G.  ^Vo()lfender.  15th,  Alorizo  Snyder,  Tliomas  H.  Shanks, 
16th,  N.  Robinson,  Charles  Bopp.  17th,  William  P.  Smith,  J.  S.  Show- 
acre.  18th,  Alexander  M.  Briscoe,  Irwin  L.  McLaughlin.  19th, 
Richard  O.  Jessup,  James  E.  Sangston.  20th,  John  K.  Stein,  Law- 
rence D.  Deitz. 

At  Large. — James  Barnes,  P.  F.  Dolan,  William  J.  Smith,  James  J. 
Wilbon. 


OFFICERS  OF  REGISTRATION. 

1st  Ward,  Louis  Waltz.  2d,  William  Conyers.  3d,  George  W. 
Bandel.  4th,  Samuel  Bohager.  5th,  Edward  P.  Hays.  6th,  Winfield 
McCliutock.  7th,  Lewis  W.  Nelson.  8th,  Thomas  P.  Keruan.  &th, 
James  A.  Coates.  10th,  Solomon  L;  Auerback.  11th,  John  P.  McEl- 
derrv.  12th,  Fayette  Plummer.  13th,  John  G.  McLaughlin.  14tl), 
WilHam  H.  Cox.  loth,  William  Hoffman.  16th,  Henry  A.  Shultz. 
17th,  George  T.  Baila.  18th,  Alexander  M.  Briscoe.  19th,  Henry  B. 
Hart.     20th,  William  H.  Byrne. 


CORONERS. 

Easfei'n  Police  District. — Thomas  W.  Pultzer. 
Middle  Police  I)iHtrict.—FA\w\n  R.  Walker. 
Western  Police  JJistrict. — Richard  Mackall. 
Southern  Police  District. — Matthew  W.  Donavin. 


NOTARIES     PUBLIC. 

Tliomas  Murdoch,  George  E.  Sangston,  T.  Harris  Hodges,  Walter 
S.  Wilkinson  and  G.  A.  Schwartzman. 


COMMISSIONERS  TO   PREVENT   INCOMPETENT   PERSONS 

FROM  ACTING  AS  DRUGGISTS. 

J.  Brown  Baxley,  Louis  Dohme,  and  Ferdinand  Hasscncamp. 


BALTIMORE   CITY   OFFICERS.  49'.) 

COMMISSIONERS   TO   PROSECUTE  WAR   CLAIMS  AGAINST 
THE  U.  S.  GOVERNMENT. 

[See  Act  of  1872,  ch.  2G2.] 

Daniel  Clarke,  of  Prince  George's  county;  Sidney  J.  Wailes,  of 
Wicomico  county. 

Tlicir  compensation  is  thirty  per  cent,  commission  upon  the  first 
$10,000,  ami  twenty  per  cent,  commission  upon  such  further  sum  as 
shall  be  collected  for  ex])enses  incurred  by  the  State  in  eqnippinc: 
troops,  under  the  Act  of  Congress  of  July  *27th,  1801.  Vacancies  to 
be  filled  by  the  Governor. 


COMMISSIONERS   TO   SETTLE   AND    ADJUST  THE  BOUND- 
ARY LINE  BETWEEN  VIRGINIA  AND   MARYLAND. 

The  Act  of  1872,  chapter  210,  appoints  the  Hon.  Isaac  D.  Jones, 
Levin  L.  Waters  and  William  J.  Aydclott,  commissioners  on  the  part 
of  this  State,  to  meet  the  commissioners  of  Virginia,  to  settle  and 
adjust  the  boundary  line  of  the  two  States,  and  in  the  event  of  an 
agreement,  it  is  to  be  subject  to  the  ratification  of  the  General  As- 
sembly of  each  State. 


AUCTIONEERS. 

[Appointed  by  the  Governor.] 

F.  W.  Bennett.  Thomas  E.  Parlett,  S.  H.  Cover,  E.  D.  Monedo,  P. 
H.  Sullivan,  Edward  Higgins,  Lewis  Clark,  O.  A.  Kirkland,  T.  J.  Grot- 
jin,  W.  B.  Lewis,  Wm.  B.  Norman,  C.  C.  Burton,  D.  McCann,  Jr. 


THE  MARYLAND  PENITENTIARY. 

The  73d  Article  of  the  Public  General  Laws  provides  that  the 
Governor  shall  biennially  appoint  six  Directors  of  the  Penitentiary, 
who  shall  be  residents  of  the  city  or  county  of  Baltimore,  and  also  fill 
any  vacancy.  The  Directors  appoint  a  Warden  annually,  in  May. 
who  gives  bond  in  $10,000,  and  whose  salary  is  $2,000  a  year,  in  ad- 
dition to  the  use  of  a  dwelling,  &c.  The  Directors  are  paid  $2.00 
per  day  when  on  committee  service.  The  annual  salary  of  the  Assist- 
ant Warden  is  $1,400;  the  Physician,  $1,400;  the  Clerk,  $1,500; 
Matron,  $500.  The  Deputy  Keepers  on  night  service,  five  in  number, 
are  paid  $1,000  per  year;  the  remainder  are  paid  $900  per  year. 

Bireclors.—John  F.  Hunter,  President;  A.  L.  Whiting, 'Secretary, 
and  Henry  Seim,  Albert  Sigmund,  George  Evans,  and  Joseph  Crisp^ 
Directors. 

Warden. — Thomas  L.  Wilkinson. 

Assistant  War'den. — Robert  Stevenson. 

Clerk.— R.  V.  Page. 

Physician. — Dr.  Silas  Baldwin. 

i/a;;-o«.— Mrs.  R.  S.  Turner. 


500  BALTIMORE   CITY   OFFICERS. 

Deputy  Keepers. — Theodore  Brushmiller,  Cliarlfs  Russell,  James  B. 
Hines,  Thomas  Loftus,  Thomas  Daily,  J.  K.  P.  Hamilton,  Andrew 
Jacobs,  E.  S.  Dubois.  John  Magher,  Jacob  Corns,  Albert  W.  Lutz, 
John  T.  Barber,  John  C.  Cornelius,  Georj?e  A.  Summers.  Henry  S. 
Buckless,  Wm.  T.  Dillehunt,  Andrew  J.  Gill,  George  E.  McCauley, 
John  W.  Baker,  W.  J.  Dickerson,  Thomas  McDowell,  Charles  Sipple, 
James  Quinn,  George  T.  Hickley,  Lewis  J.  Langloy. 

Substitutes. — Fred.  Felthouse,  Leopold  Stein,  Samuel  Bender. 


EXECUTIVE     APPOINTMENTS. 

For  Weighers  of  Grain, 
For  Supervisor  and  Inspectors   of  Tobacco, 
For  Weighmaster  of  Live  Stock, 
For  Inspectors  of  Steam  Boilers  in  Baltimore  city 
For  Weighers  of  Hay  and  Straw, 
For  State  Wharfinger, 
For  State  "Vaccine  Agent  in  Baltimore,  &c. 
See  "  Executive  General  ApiJointments,"  pages  475  and  476. 


THE    FIFTH    REGIMENT,!.  M.  N".   G. 

LIST  OF  COMMISSIONED  OFFICERS. 

Field  Officers. — Col.,  J.  Strieker  Jenkins.  Lieut.  Col.,  Henry  D. 
Loney.     Major,  George  R.  Gaither,. I r. 

Stajf. — Major  Allan  P.  Smith.  Surgeon.  Lieut.  Thomas  A.  Syming- 
ton, Adjutant.  Lieut.  E.  F.  Pontier.  Quartermaster.  Lieut.  E.  C. 
Johnson,  Commissary.  Lieut.  H.  R.  McNally,  Ordnance  OfRcer.  Lieut. 
F.  M.  Colston,  Paymaster.     Lieut.  W.  H.  Crim,  Assistant  Surgeon. 

Company  A. — Captain,  J.  Mason  Jamison.  Second  Lieut.,  Elvin 
Ivlautsheck. 

Company  B. — Captain,  John  D.  Lipscomb.  First  Lieut.,  James 
Young. 

Company  C. — Captain,  Robert  P.  Brown.  First  Lieut,  P.  Forney 
Spear.     Second  Lieut..  W.  H.  Rogers.   ■  * 

Company  1). — Captain,  Fitzhugh  Goldsl)orough.  First  Lieut.,  C. 
Spiller. 

Company  E. — First  Lieut.,  Han-y  F.  Turner,  Commanding.  Second 
Lieut.,  B.  H.  Holmes. 

Company  F. — First  Lieut.,  Winfield  S.  .\nderson,  Commanding. 

Company  O. — Captain,  Charlt's  H.  Reeves.  First  Lieut.,  Thomas  J. 
Shryock.     Second  Lieut.,  J.  Mason  Sanders. 

Company  11. — Captain,  William  P.  Zollinger.  First  Lieut.,  Charles 
P.  W.  Spi'icker.     Second  Lieut.,  Cliarh  s  F.  Albers. 

Company  /.—First  Lieut.,  Robert  S.  Fowler,  Commanding.  Second 
Lieut.,  George  S.  Roberts. 

Company  iT.— Captain,  J.  E.  H.  Post.     Second  Lieut.,  Fritz  Reuter. 


THE   BALTIMORE    CITY    OFFICERS, 

UNDER    THE    MUNICIPAL    GOVERNMENT. 

[See  Baltimore  City  Government,  pages  401  to  459.] 

MAYOR    OF    BALTIMORE. 

Hon.  Joshua  Vansant. 

[Re-elected  October,  1873,  for  two  years.] 

Secretary  to  the  Mayoralty. — John  M.  McElroy. 
Clerk  to  the  Mayor. — Andrew  J.  King. 
City  Counsellor. — I.  Nevitt  i^teele. 
City  Solicitor. — Albert  Ritchie. 
Mayofs  Detective. — Beverly  Diggs. 


THE     CITY      COUNCIL 


FIRST   BRANCH. 


President.- 

-Hon. 

Otis  Keilholtz. 

Wards. 

Wards. 

1. 

James  T.  Kirby. 

11.  William  Conn. 

2. 
3. 

E.  Hcrtcesheimer. 
James  T.  Logan. 

12.  Jose]jh  S.  Heuisler. 

13.  Otis  Keilholtz. 

4. 

C.  W.  Lewis. 

14.  George  U.  Porter. 

.5. 

S.  Hynson. 

15.  Thomas  H.  Rice. 

«. 

J.  L.  Baker. 

16.  Jacob  Freeburger. 

7. 

James  Bond. 

17.  John  T.  Langville. 

8. 

M.  J.  Owens. 

18.  James  G.  Linthicum. 

9. 

Telfair  Marriott. 

19.  John  T.  Ford. 

10. 

Warlield  T.  Browning. 

20.  Charles  W.  Chancellor. 

Officers 

OP 

THI 

s  First  Brakch. 

Chiff  Clerk.— A.  V.  Milholland. 
Reading  Clerk. — J.  Frank  Brady. 
Sergeant-at-Arrns. — James  Stanton. 
Pa^e. — Daniel  Blair. 


Warda. 
1  and    2.  Charles  Streeper. 
3  and    4.  John  K.  Carroll. 
5  and    6.  Henry  M.  Staylor. 
7  and    8.  George  Rinehart. 


J)  and  10.  Henry  Seim 


SECOND    BRANCH. 

President. — Hon.  Hknky  Seim. 
Wards. 
11  and  12.  Henry  D.  Loney. 
13  and  14.  John  S.  Hogg. 
15  and  16.  Wm.  J.  Murray. 
17  and  18.  Charles  A.  Wheeler. 
19  and  20.  George  A.  Kirk. 


•"j03  baltimoke  city  officers. 

Officers  op  the  Second  Branch. 

Chief  Olerh. — Joseph  J.  Grindall. 

As&ktant  Cleric. — E.  J.  Edwards. 

Sergeant-at-Arms. — Jost^jh  W.  Wallace. 

Page.— J).  H.  Berry. 

The  pay  of  the  otflcers  of  both  branches  is  fixed  at  every  session. 
For  the  present  session  the  compensation  is  as  follows:  Cliief  Clerks, 
$5.00  per  day;  Reading  Clerks,  $4.00  per  day;  Sergeaut-at-Arms, 
$4.00  per  day,  and  Pages,  $2.00  per  day. 


FINANCIAL     OFFICERS. 

City  Comptroller's  Office. 

City  Comptroller. — Samuel  Maccubbin. 

Cliuf  Clerk  to  Comptroller. — Samuel  J.  Maccubbin. 

Assistant  Clerk. — S.  S.  Mills,  Jr. 

City  Register's  Office. 
City  Register. — John  A.  Robb. 
Deputy  Register  and  Cashier. — S.  Turner  Duvall. 
Chief  Clerk  Register's  Office. — J.  Sewell  Thomas. 
Assistant  Clerk  Register's  Office. — W.  C.  Mai-tin. 
Transfer  Clerk  Register's  Office. — A.  S.  Matthews. 

City  Collector's  Office. 

Tax  Department. 

City  Collector. — James  M.  Anderson. 

Deputy  Collector. — J.  T.  M.  Barnes. 

Cashier. — Richard  G.  Duckett. 

Assistant  Cashier. — Clapham  Murray. 

Book-Keeper. — Joshua  B.  Williams. 

Assistant  Book-Keeper. — Frederick  S.  Hipkins. 

Clerks. — George  C.  Payne,  James  K.  Harwood.  A.  B.  Upshur,  Thos. 
Carroll,  August  Wagner,  Charles  Schwartzhaupt,  Clilford  C.  Anderson, 
Michael  P.  Caughy,  Henry  A.  Seim. 

Bailiffs  and  Assessors. — John  R.  Wright,  William  Randall,  Samuel 
E.  Wit'tere,  Henry  M.  Adler,  Joseph  V.  Baxtei-,  Geo.  W.  Banks,  Geo. 

A.  Rea,  John  M.  Mills,  John  M.  Travers,  Chas.  A.  Cunningham,  John 

B.  Garvey,  John  R.  Diggs,  James  H.  McFarland.  Joseph  H.  Krager. 
Commisioners  of  Finance. — Joshua  Vausant,  Chairman;  R.  T.  Bald- 
win, Charles  J.  Baker. 

Judges  of  Appeal  Tax  Court. — Edward  A.  Gibbs,  Beale  H.  Richard- 
son, Wm.  J.  King.  Assessor,  Thos.  Gilford.  Clerk,  H.  P.  Mowinkle. 
Assistant  Clerk,  D.  A.  Fenton. 


STREETS. 

City  Commissioner. — John  H.  Tegmeyer. 

Assistant  City  Commissioner. — Lewis  E.  Slicer.     Clerk,  J.  E.  Toole. 

Commissioners  for  Opening  Streets. — Isaac  Cox,  John  T.  Piquett, 
.lames  S.  Morrow.      Clerk,  Robert  Green. 

Superintendents  of  Streets. — 1st  District,  Patrick  Kelly  ;  2d,  John  H. 
Coulter;  3d,  Jas.  McNally ;  4th,  Henry  Collins;  5th,  lloury  Lancaster. 


BALTIMORE   CITY   OFFICERS. 


60:! 


WATER    DEPARTMENT. 

Board  of  Cominnsif^nera. — Joshua  Vansant,  Chairman ;  James  L. 
McLiine.  Geo.  P.  Tlionia'j.  John  R.  SeemuUcr,  John  A.  Griffitli,  John 
F.  Hunter  and  FieldcT  C.  SlinLclnir. 

Offickrs. — Eiu/incer,  Jame«  Curran ;  Civil  Engineer,  Robert  K.  Mar- 
tin ;  IVoto-  Registrar,  William  L.  Sharretts  ;  Cashier,  Alex.  K.  ]\Iantz: 
Oeneml  Boole- Kcepei;  "Wm.  F.  Sinclair;  Clo-h,  James  S.  Etchlterirci-. 
Samuel  W.  Thomas,  George  W.  Sharretts;  Engineers  Clerk,  Hichard 
D.Murray;  Co^/fc^ws,  John  T.  Barton,  Benjamin  Price ;  Hydrant  In- 
spector, George  W.  Emmerick  ;    Watchman,  Thomas  Ashton. 


HEALTH     DEPARTMENT. 

Commissioner  of  Health.— .lamos.  A.  Stewart,  M.  D. 
Assis'ant  Commissioner  of  Health. — A.  W.  Duke. 
Physician  to  Marine  Hospital. — J.  S.  Conrad.  M.  D. 
Secretary  to  Board  of  Health. — Isaac  W.  Moliler. 
Clerks. — W.  H.  Bosley.  V.  Burgess  Hines,  E.  J.  Edwards. 
Messenger. — Montgomery  Lawrence. 

Sanitary    Inspectors. — George    E.    Taylor,    Robert  Jackson,  Peter 
Lyons,  William  Carroll,  J.  M.  Smith. 

Vaccine  Piiysictaxs. 

Wards. 


Wards. 
1st  and  2d 
3d  and  4th 
5th  and  6th 
7th  and  8th 
9th  and  10th 


Dr.  J.  M.  Sullivan. 
"    G.  L.  Wilkins. 
"    J.  A.  Connor. 
"    D.  C.  Ireland. 
"    J.  T.  Wilhelm. 


11th  and  12th 
13th  and  14th 
loth  and  IGth 
ITrh  and  ISth 
19th  and  20th 


Dr.  Geo.  H.  Moran. 
"     G.  G.  Brewer. 
"    J.HarvevHill. 
"    C.  B.  Thomas. 
"    A.  H.  Saxton. 


EDUCATION. 

Commissioners  of  Public  Schools. — John  T.  Morris,  President. 


Wards. 

1st Henry  A.  Creagh. 

2d George  L.  Hamel. 

3d Wm.  C.  Atkinson. 

4th Dr.  Thomas  Kelly. 

5th Wm.  M.  Ives. 

6th John  F.  Hancock. 

7th John  T.  McGlone. 

8th Bernard  Cassidy. 

9th Alexander  L.  Spear. 

10th John  T.  Morris. 

Superin tendent. — William  R .  C re c ry . 

Assistant  Superintendent. — Bernard  C.  Reed. 

Secretary. — H.  M.  Cowles. 


Wards. 

11th John  P.  Poe. 

12th T.  Jefferson  Magruder. 

loth John  L.  Lawton. 

14th Charles  F.  Cloud. 

15th Dr.  A.  W\  Dodge. 

16th Joseph  McCauley. 

17th Henry  B.  Roemer. 

18th Christian  Emmerich. 

19th P.  M.  Siiowden. 

20th BriceH.  Hubbs. 


BALTIMORE     CITY    JAIL. 

Charles  Webb,  M.   S.  Hess,   John  I.   Bennett, 


Board  of  Visitors.- 
Isaac  S.  George,  B.  L 

Warden. — James  H.  Irwin 
Clerh.—\im.  H.  II.  Turner. 


Harig. 


504  BALTIMORE    CITY   OFFICERS. 

Physician. — Jacob  W.  Hoiick. 

Deputy  Wardens. — John  F.  Cai'ter,  Greenbury  Wilson,  "William  How- 
ard, Charles  Hergesheimer,  Charles  Carroll,  W.  H.  Cross,  T.  B.  Saun- 
ders, Patrick  McClain,  John  B.  Heaps. 

Chief  Engineer. — Isaac  S.  Sanner. 

Assistant  Engineer. — James  Kobinson. 

Baker. — Louis  Plack. 

Matron. — Elizabeth  Deiter. 


PARK     COMMISSIONERS. 
Joshua  Vansant,  Chairman. 
Thomas  Swann,   William  E.  Hooper,  John  H.  B.  Latrobe,  Louis 
McLane,  James  Webb. 
Clerk. — D.  Rayhice. 


COMMISSIONERS    FOR     THE     IMPROVEMENT    OF    JONES' 

FALLS. 
Wm.  H.  Gatchell,  Samuel  H.  Adams,  Roberts.  Beetley. 
Chief  Engineer. — Charles  P.  Manning. 
CZerifc.— William  F.  Snow. 


BAYVIEW     ASYLUM. 
Trvstees  of  Almshouse. — Henry  Snyder,  President.     Jos.  Clarkson, 
Jos.  Friedenwald.  Hugh  Sisson,  H'y  R.  Louderman. 

Visiting  Physicians.— George  G.   Farnuudis,   Robert  H.  Goldsmith. 

Super intenden t, — John  M i Her. 

Agent  or  Purveyor. — William  H.  Hiss. 

Apothecary. — J.  Turner  Bartlett. 

Farmer.—  Bentamin  F.  Sapp. 

Clerk.— James  F.  Baylv. 

Chief  Engineer. — Daniel  Bell. 

Assistant  Engineer. — William  Baker. 

Baker. — Charles  Jones. 

Messenger. — J.  Wesley  Sapp. 

Matron. — Mary  Miller. 

WARD     MANAGERS     OF    THE     POOR. 

1st  Ward,  John  Shinnick ;  2d,  William  C.  Gorton  ;  3d,  Richard  C. 
Kemp;  4th,  James  R.  Andre  ;  oth,  .John  D.  Qiiincy  ;  6th,  M.  McCIin- 
tock  ;  7th,  James  H.  Webb  ;  8th,  Bernard  Cassidy ;  9th,  W.  H.  Grif- 
fith :  10th,  Thomas  G.  Morrow;  11th,  Henry  Snyder,  Jr. ;  12th,  H.  F. 
Sticknev;  18th,  Otis  Keilholtz;  14th,  A.  D.  Wheatley;  15th,  B.  L. 
Harig; 'ifjtli,  Peter  Hines;  17th,  W.  Kinsley;  18th,  F.  McCurley ; 
19th,  John  Mcllhaney  ;  20th,  Benjamin  Horn. 

SUPERINTENDENTS    OF    CHIMNEY    SWEEPS. 

1st  District,  Charles  A.  Byrne;  2d,  Lewis  Brooks;  3d,  Geo.  Shoe- 
mack  ;  4th,  James  11.  Collison  ;  5th.  Stanislaus  Farrall  ;  6th.  .loseph 
Anker;  7th,  .John  H.  Hradekamp;  8th,  George  W.  Ruckle;  9th,  Wm. 
11.  Ferine;  10th,  Edward  Wells;  11th,  George  Bucheimer. 


BALTIMORE   CITY   OFFICERS.  505 

THE     HARBOR,     &c. 

Commissioners  for  DeepeniJig  and  Improving  the  Ghesapenke  Bay  and 
Pata/jfico  liiver.—  .Jnshyui  Vansant,  Cliairman  ;  D.  Monii'cai,  Holiert  R. 
Kirklaiid.  J.  Strieker  Jenkins,  W  in.  H.  Skinner,  Maleolm  Criehton, 
James  B.  Andrews,  Capt.  Daniel  Constantine. 

Port  Warden. — Capt.  Daniel  Constantine;    Clerl,  James  H.  MeNeal. 

Commissioners  of  the  Patapsco  I{irer  Improvement  Board. — Joshua 
Yansant.  John  W.  Garrett,  J.  Hail  Pleasants. 

lIa7-bor  Masters.— 1st  District,  John  Black;  2(1,  William  Costigan; 
8d,  Fayette  Plummer;  4th,  Moses  Griest;  5th,  James  Donnelly. 

INSPECTIONS. 

Inspectors  of  Weights  and  Measures. — Eastern  District,  Samuel  R. 
Kiihy.     Western  District.  Geor<re  Fre!)urger. 

Inspector  of  Long  and  Dry  Measures. — James  Miller. 

Inspectoi-  of  Illvminnting  Gas. — Professor  W.  E.  A.  Aikin. 

Inspector  and  Sealer  of  Gas  Meters. — F.  W.  King. 

Inspector  of  Charcoal. — Jacob  Groh. 

Inspectors  and  Measurers  of  Carts  or  other  Vehicles  engaged  in  hauling 
Cord  Wood. — James  J.  Chalmers,  William  Raine. 

Board  of  Appeal  on  Inspection  of  Lime. — Peter  McDonald,  Merchant; 
Timothy  Ryan,  Plasterer;  Thomas  S.  Wilkinson,  Bricklayer. 

Commissioners  of  Franklin  Square. — Dr.  Edward  Schwartze,  Dr.  D. 
B.  McLaughlin,  Joseph  H.  McGee. 

Commissioners  of  Union  Square. — W.  A.  Boyd,  Jr.,  John  S.  Bullock, 
Joseph  Riddlemoser. 

Commissioners  of  Lafayette  Square. — Fielder  C.  Slingluff,  William  J. 
Davidson,  Dr.  Silas  Baldwin. 

Commissioners  of  Eutaw  Ptee.— William  Woodward,  Charles  E. 
Phelps,  W.  W.  Fnish. 

Commissioners  of  Madimn  Square. — Elijah  Stansbury,  Samuel  W. 
Register,  A.  P.  Caldwell. 

Commissioners  of  Harlem  Square. — R.  Stewart  Latrobe,  .James  L. 
Ridgely,  John  Murray,  of  Peter. 

Commissioners  of  Battery  Square. — George  A.  Feig,  Joseph  V.  Bax- 
ter, George  Yeagle. 

Commissioners  of  Eastern  City  Spring. — ^Villiam  H.  Small,  A.  J. 
Saulsbury,  Capt.  John  F.  LeBrou. 

Commissioners  of  Broadicay  Squares. — Washington  Kelly,  William  II. 
Bolton,  Dr.  Walter  W.  White. 

Commissioners  of  Perkins  Spring. — Joseph  Harris,  F.  J.  Wilhelm, 
Edward  M.  Kirkland. 


PUBLIC     BUILDINGS. 

Impector  of  Public  Buildings.. — John  W.  Ccjlley  ;  ClerJc,  Mortimer  S. 
Watkins. 

Superintendent  of  Court  Home,  Record  Office  and  Grounds. — Jackson 
Sheiry. 

Watchman  at  Court  House. — Michael  Murphy. 

Janitor  and  Messenger  at  City  Hall. — Cyrus  Sinclair. 

Day  Watchman  at  City  Hall. — Cornelius  S.  Frazier. 


506  BALTIMORE   CITY   OFFICEKS. 

NigJit  Watchman  at  City  Hall. — John  Schlerth. 
Janitor  of  Old  Masonic  Hall  Building. — John  T.  Gosnell. 
Waichman  at  Old  Masoiiic  Hall  Building. — Matthias  Spangler. 
Building  Committee  New  City  ifoit.— Joshua  Vansant,  Ichabod  Jean, 
Sanuu'l  H.  Adams,  J.  Hall  Pleasants,  John  W.  Colley. 
C'Z<?/'A-.— Walter  G.  Smith. 
Architect. — George  A.  Frederick. 
Superintendent. — John  J.  Purcell. 

MARKETS,    &c. 

Clerh  of  Centre  Market.— Hem-y  McGowan. 

Assistant  Clerk. — .James  H.  Hays. 

Clei'k  of  Lexington  Market. — James  Kirk. 

Assistant  Clerk. — Jesse  W.  Small. 

Clerk  of  Hanover  Market. — E.  W.  Albaugh. 

Clerk  of  Fells  Point  Market. — James  Essender,  Jr. 

Clerk  of  Belair  Market. — John  Sattertield. 

Clerk  of  Richmond  Market. — John  Wolf. 

Clerk  of  HolUns  Street  Market.— WWWam  McConnell. 

Cle7-k  of  Cross  Street  Market. — Michael  Keaney. 

CUrk  of  Lafayette  Market. — Tiiomas  Briddle. 

Keeper  of  Market  under  Maryland  Lnstitute.—Bamnit  A.  Williams. 

Kee]>er  of  Eastern  Fountain.— ^ ohn  Kennedy. 

Keeper  of  Madison  Square. — John  Guyton. 

Keeper  of  Union  Square. — George  Bond. 

Keeper  of  Lafayette  Square. —'Di\.\V\i.'\  Smith. 

Keeper. of  Battery  Square. — John  Fletcher. 

Keeper  of  Broadway  Square. — David  Crotty. 

Keeper  of  Harlem  A'2««/'c.— Edward  A.  Hahn. 

Keeper  of  Drawbridge. — Joseph  Files. 

Keeper  of  Washington  Monument. — John  Rochford. 

Keeper  of  Ila/l  over  Broadway  Market. — Michael  R.  Gorman. 

Keeper  of  Calvert  Street  Spring. — Alexander  McDonald. 

Keeper  of  Franklin  Square. — Joseph  R.  Hobbs. 


LAMPLIGHTERS. 

Lamplighters  for  the  Eastern  District. — J.  L.  Johnson,  Superintend- 
ent; James  Everist,  Isador  Eisman,  Isaac  Redgrave,  Michael  Kerch- 
ner,  Roljert  Wells,  Jr.,  George  Wittman,  George  Prelier,  James  Scott, 
.James  E.  Campljell,  Michael  Herr,  Jesse  Kent,  Henry  Ott,  John  Fritz, 
John  A.  Bowers,  John  S.  Marriott,  Clsarles  C.  Williams,  John  IIa.ss, 
Abraham  Singhamer,  Christian  Molir,  Ellas  Richter. 

Lamplighters  for  the  Middle  District. — Thos.  Arthur,  Superintendent; 
John  W.  Deshon,  John  Tighe,  Presley  S.  Aubray,  George  W.  Hall, 
James  McMannis,  Martin  E;igaii,  'I'heodore  Crocken,  Nicholas  Cun- 
ningiiani,  .lohn  O'Brien,  Michaei  Sloan,  John  Kelly,  David  Johnson, 
John  Malion.  James  Kidd,  Carl  Hudgins,  John  Sutherland,  James 
Johnson,  James  Start,  Alexander  McLaughlin,  J.  F.  Colton.  Miitrhew 
Nooiiey,  Peter  McTntire,  Owen  Biiike,  Francis  Eagan,  George  Betts, 
C.  E.  Ballauf,  John  Watson,  Joliii  Moan. 

Lamplighters  for  the  Western  District. — William  T.  Culver,  Superin- 
tendent; Tlxmias  Wright,  Henry  Long,  Michael  Sullivan.  John  Don- 


BALTIMOTK   CITY   OFFICEKS.  507 

doken,  John  McDonald,  Christopher  Moszner,  Charles  C.  Pease,  Zach- 
ariuh  Legoe,  Thomas  R.  Fri/.zlo,  AVilliam  jNlinton,  Alfred  Kuhn, 
Edward  Plummer,  Jacob  Shedel,  George  T.  Price,  M.  A.  Canton, 
Patrick  Madden,  Thomas  Clark,  Joseph  Barkman,  Thos.  E.  Burgess, 
John  Slianks,  Anthony  ytrausbaiigh,  James  Kemp. 

iMmjdiffhtcrs /(/)'  the  Southern  l)if<frict. — John  Kauderer,  Superin- 
tendent; Morris  Moser,  William  Meeks,  Jr.,  Josej)!!  S.  Walker,  John 
Dickei,  Albert  Shreck,  Michael  Hays,  Micliael  Reagan,  Wm.  II.  Baker, 
Levi  Collins,  John  Laugley,  David  Simmont,  Maurice  Berger,  Jr., 
John  Pensel,  George  G.  Grohe,  John  Oullahan. 


MAGISTRATES  OF   THE  POLICE  STATIONS. 

Eastern  District. — John  T.  Farlow. 
Middle  District. — Daniel  Hagerty. 
Southern  District. — Samuel  Jarden. 
Western  District.— Goort'e  W.  C.  Bell. 


CONSTABLES  FOR  THE  CITY  OF  BALTIMORE. 

[See,  under  head  of  State  Ofiicers  in  Baltimore  city,  jDage  498,  fol- 
lowing the  Justices  of  the  Peace.] 


ARBITRATORS  ON  THE   INSPECTION  OF   SOLE  LEATHER 
ROUGH  HARNESS  AND  SKIRTING  LEATHER. 

James  Musgrave,  Charles  W.  Ely,  Luther  Startzman. 


REVIEWERS     OF     FLOUR. 
W'lliam  H.  Corner,  George  P.  Williar,  Merchants. 
James  Warden,  William  J.  Reinieker,  Millers. 
James  Beatty,  H.  Wittekinst,  Bakers. 


DISTRIBUTORS    OF     FUND    FOR     THE     RELIEF     OF    THE 
WIDOWS  OF  THOSE  WHO  FELL  IN  DEFENCE  OF  THE 

CITY,  IN  1814. 

Wm.  C.  Atkinson,  Henry  R.  Loudermau,  Finley  H.  Burns. 


CITY    DIRECTORS,    TRUSTEES,   &c. 

Directors  on  the  part  of  the  Cit;/  in  the  Baltiinore  and  Ohio  Railroad 
Company. — James  Webb,  John  F.  Wiley.  Robert  T.  Banks,  John  G. 
Medinger,  John  S.  Bullock,  William  H.  Cole,  Simon  I.  Kemp. 

Directors  on  the  part  of  the  City  in  the  Union  Railroad  Company. — Wm. 
G.  Harrison,  H.  H.  Lewis. 

Directors  on  the  part  of  the  City  in  the  Western  Maryland  Railroad 
Company. — Alexander  Reiman,  Samuel  H.  Tagart,  Samuel  H.  Adaras, 
E.  G.  Hipsley,  D.  J.  Foley,  William  A.  Boyd,  Jr.,  George  M.  Bokee. 

Directors  on  the  part  of  the  City  in  the  Pittslrurg  and  Connellsvilh 
Railroad. — William  H.  Perkins,  Israel  Cohen,  H.  G.  Vickery. 


508  BALTIMORE    CITY   OFFICERS. 

Directors  on  behalf  of  the  City  of  the  Maryland  Industrial  School  fm- 
Girls.—Q.  S.  Griffith.  J.  Q.  A.  Heniiig,  John  S.  Reese,  John  C. 
Bridsep,  Genrcre  R.  SkiUman. 

Managers  of  the  House  of  Jiefvge  on  the  part  of  the  City. — Charles 
M.  Keyser,  Lewis  A.  Birely,  D.  E.  Tliomas,  A.  Fuller  Crane,  James 
Pentland,  J.  E.  Trippe,  Charles  H.  Torsch,  George  W.  Robinson,  Geo. 
R.  Berry,  Tliomas  R.  Crane. 

3Ianaf/ers  on  the  part  of  the  City  for  the  Ilovse  of  liefm^molion  and 
Instruction  for  Colored  Children. — Enoch  Pratt,  Richarfl  D.  Fisher. 

Agent  of  Baltimore  City  for  the  Deaf  and  Dumb  Institute  of  Mary- 
land.— William  R.  Barry. 

Trustees  of  the  McDonogh  Educational  Fund  and  Institute. — Samuel 
H.  Tagart,  H.  Clay  Dallam,  John  Donnell  Smith,  William  A.  Stew- 
art, William  Keyser,  David  L.  Bartlett,  Thomas  Bond. 


FIRE   DEPARTMENT. 

Commissioners. — Thomas  W.  Campbell,  President ;  Edwin  L.  Jones, 
William  Wilson,  Jr.,  George  F.  Thompson  and  Samuel  Kirk. 

Secretary  and  Cleric. — George  A.  Campbell. 

Chief  Engineer. — Henry  Spilman. 

Assistant  Engineers. — George  W.  EUender,  Eastern  District.  John 
M.  Hennick,  Western  District. 

Fire  Inspector. — Charles  T.  Holloway. 

Superintendent  of  Police  and  Fire  Alarm  Telegraph. — Charles  J. 
McAleese. 

Telegraph  Operators. — Edward  P.  Kenney,  C.  W.  Crumbackei',  Frank 
L.  McAleese,  Harry  P.  Lucas. 

Lineman. — A ndrew  McGann. 

Assistant  Battery  and  Lineman. — Thomas  F.  Byrne. 

No.  I  Engine. 
Foreman,  Jacob  H.  Hay  ward.     Engineman,  J.  H.  Deal.     Assistant 
Engineman,    J.    W.   Yeaton.     Hostler,   W.    Burke.     Firemen,    Alex. 
Forrest.  James  Humes,  Wm.  White,  L.  J.  Pistel,  J.  Morgan,  E.  Bal- 
tham,  Geo.  W.  Smith,  J.  T.  Northouse. 

No.  2  Engine. 
Foremnn,  Jacob  Hines.     Engineman,  T.   E.  Wheatley.     Assistant 
Engineman,    M.    Lycett.     Hostler,  Richard  Kelly.     Firemen,  George 
Taylor,  W.  B.  Reynolds,  Thomas  S.  Rodenhi,  John  A.  Young,  Charles 
Romoser,  Benjamin  Wirts,  George  Wernex,  Francis  Slain. 

No.  3  Engine. 
Foreman,  P.H.Flaherty.     Engineman,  John  F.  Reilly.     Assistant 
Engineman,  T.  W.   Humphreys.     Hostler,  P.   F.  Bradley.     Firemen, 
C.  Renner,  W.  Leddon,  R.  Lindsey,  A.  Maguire,  J.  Bradley,  J.  Adel- 
man,  W.  H.  Ward,  W.  H.  Moore. 

Mo.  4  Engine. 
Foreman,  John  P.  Cosgrove.     Engineman,  G.  W.  Griffin.     Assistant 
Engineman,  F.  M.  Butler.     Hostler,  John  Wernsang.     Firemen,  Sam'I 
French,  .lames  Allen,  Joseph   Farr,  J.  ().  llealey,  George   W.  Bentz, 
J.  B.  Foreman,  R.  J.  Boyle,  J.  T.  O'Halloran. 


BALTIMORE   CITY   OFFICERS.  509 

No.  5  Engine. 

Foreman,  "W.  G.  Miller.  Eiigineman,  Francis  Corn'gan.  A?sistant 
Enffineniaii,  John  Calder.  II(;stler,  M.  Scanlon.  Firemen,  Edward 
Bailey,  A.  Perry,  M.  Si)oflord,  W.  J.  Richards,  Edward  Kirby,  W. 
Asbcrolt,  J.  L.  Chaseu,  Joseph  Peacock. 

No.  6  Engine. 

Foreman,  C.  D.  Hiss.  Enjriniuuin,  M.  Mulligan.  Assistant  En- 
ginenian,  W.  M.  Strebh.  Hostler,  A.  Jameison.  Firemen,  T.  B.  Riall. 
H.  J.  Edell,  D.  H.  Macauley,  J.  W.  Harper,  C.  T.  Wright,  W.  West, 
J.  M.  Ogle,  L.  Blake. 

No.  7  Engine. 
Foreman,  .Jacob  Stouffer.     Engineman,  T.  T.  Hall.     Assistant  En- 
gineman,  W.  J^tanton.     Hostler,  C.  M.  Kemp.     Firemen.  G.  W.  Grubl;, 
H.  S.  Conig,  E.  iSheeks,  G.  W.  Allen,  J.  Gildea,  J.  F.  McGreevy,  J. 
Bowersox,  A.  P.  Webb. 

No.  8  Engine. 

Foreman,  G.  W.  Krager.  Engineman,  W.  Thompson.  Assistant 
Engineman,  A.  Smith.  Hostler,  J.  J.  Nooney.  Firemen,  Edward 
Beetelt,  A.  J.  Walter,  G.  Chapman,  O.  D.  Burgess,  P.  Gallagher,  J. 
Patterson,  J.  Laracy,  T.  Murphy,  W.  A.  Marchant. 

No.  9  E7igine. 

Foreman,  F.  D.  Kerr.  Engineman,  W.  T.  Calvert.  Assistant  En- 
gineman, D.  R.  Rogers.  Hostler,  R.  AVeir.  Firemen,  J.  McDevitt, 
W.  H.  Ri!ey,  F.  Perry,  J.  A.  Love,  G.  Meinberg,  S.  Uhllelter,  Jos. 
Ryan,  J.  W.'Reed. 

No.   10  Engine. 
Foreman,  James  A.  Lockington.     Engineman,  John  E,.  Morse.    As- 
sistant Engineman,  Frank  Conway.     Hostler,  John  Kelly.     Firemen, 
John  J.  Ledden,  A.  Squires,  William  Deck,  John  Cook,  Dedrick  C. 
Weaver,  Jr.,  Wm.  R.  Ward,  Wm.  H.  Conway,  Lewis  J.  Fresh. 

No.  1  Hook  and  Ladder. 

Foreman,  W.  W.  Watson.     Tillerman,  W.  O.  Sellers.     Hostler,  J. 

E.  Patterson.  Laddermen,  E.  Burke,  H.  W.  Mears,  G.  W.  Horton,  C. 
Dougherty,  J.  B.  Keene,  C.  C.  Simpson,  J.  W.  Bhike,  W.  Gorschell, 
M.  Nolan,  W.  Brown. 

No.  2  Hooh  and  Ladder. 

Foreman,  George  W.  Houck.  Tillerman,  J.  G.  Gill.  Hostler,  Thos. 
Montgomery.     Laddermen,  F.  White,  C.  L.   Lilly,  W.  R.   Lushorne, 

F.  A.^Marston,  Thomas  Wagner,  E.  L.  Dorsey,  C"  M.  Hall,  W.  Lilly, 
L.  Rudolph,  J.  W\  Friedhoter. 

No.  3  Hooh  and  Ladder. 

Foreman,  T.  W.  Humphreys.  Tillerman,  John  McClellan.  Hostler, 
Charles  Geighler.  Laddermen,  Robert  Crawlord,  N.  Wormsley.  J.  N. 
Downs,  Thomas  Taylor,  W.  E.  Vanrossen,  6.  W.  FoxwelJ,  R.  Calder, 
A.  German,  J.  T.  Brown,  L.  RolL 


THE   U.  S.  OFFICERS   IN    MARYLAND. 

MARYLAND  MEMBERS  OF  CONGRESS,  &c. 

[See  pages  GU  and  70.] 

THE  MARYLAND  SENATORS  IN  THE  FORTY-THIRD 

CONGRESS. 

From  the   ^YesUrn  Shore.— Vion.  William  T.  Hamilton,  of  Washing- 
ton county.     Term  expires  March  4th,  1875. 

Senator  Elect  from  Western  Shore., — • 

Term  expires  March  4,  1881. 

Fro7n    the  Eastern    Shore.— Tlon.   George   R.   Dennis,   of  Somerset 
county.     Term  expires  March  4th.  1879. 


THE  MARYLAND  REPRESENTATIVES  IN  THE  FORTY- 
THIRD  CONGRESS. 

First  District.— Bon.  E.  K.  Wilson,  Snowhill.  Worcester  county. 
Second  District.— lloi\.  Stevenson  Archer,  Bel  Air,  Harford  county. 
Third  District.— Bon.  Wm.  J.  O'Brien,  Baltimore  city. 
Foirrth  District. — Hon.  Thomas  Swann,  Baltimore  city. 
Fifth  District.— Bon.  Wm.  J.  AU)ert,  Baltimore  city. 
Sixth  District.— Bon.  Lloyd  Lowndes,  Cumberland,  Allegany  Co. 
[Terms  expire  March  4,  1875.] 


THE    BALTIMORE    CUSTOM    HOUSE    OFFICERS- 
[With  their  yearly  compensation.] 

COLLECTOR'S     OFFICE. 

fWZccror.— Washington  Booth,  of  Baltimore  city.     Salary,  $G,000. 
Special  Deputy  Collector.— Bnvid  W.  Grav.  $3,000. 
Deputy  Collector. — Wm.  Smith  Reese,  $3,000. 
Auditor. — George  E.  Dowell.  $2,500. 
Cashier.— Charltis  F.  Uanna,  $2,500. 
Assistant  Cash iei-.— John  P.  Clayton,  .$1,800. 
Fee  Clerk.— R.  M.  Smith,  $1,(500. 
Chief  Entry  Glerh.—W'iWvAin  R.  Reese,  $2,000. 
Entry  6'/«-Z-^.— C.  L.  Kemp,  $1,800;  D.  K.  Ralston,  $1,600;  David 
Maxwell,  $1,200;  N.  .1.  Sapi)ington,  $1,800. 

Clerk  and  Actinq  Literi/reier.—E.  G.  Fast,  $1,200. 
Cle}-ks.— John  H.  Suter,  $1,800;  R.  J.  B.  Boggs,  $1,600. 
Corresponding  Clerk. — L.  B.  Nyman,  $1,800. 


V.  S.  OFFICERS    IN    MARYLAND.  511 

Liquidating  Chris.— E.  C.  Gaskill,  $1,800;  A.  C.  Rhodes,  $1,800: 
R.  W.  Hull.  i<:l,400;  Osmond  Tiffany,  $1.4(0:  \V.  H.  Spencer,  $1,200: 
R.  C.  Sunstrom,  $1,200;  Stephen  C."Bush,  $1,200. 

Bond  Clerk. — F.  J.  Kugler,  $1,800.  Assistant. — Geo.  S.  Bordlev 
$1,100. 

Warehouse  Clerk.— T.  S.  Plummer,  $1,800.  Assistatits.-B..  H.  Dif- 
fenderfer,  $1.:^00  ;  Stanley  Young  and  R.  H.  Atwell,  each  $1,200. 

Statkticul  Clerks.— \.  S.  Stewart,  $1,«00;  L.  A.  Wilmer,  $1,400: 
T.  S.  Nixdorff,  $1,200. 

Marine  Clerks. — C.  H.  Richardson,  $1,800;  F.  H.  Hardesty  and 
Wni.  Landstreet,  each  $1,200. 

Constmise  Clerk. — C.  W.  Raphun,  $1,500.  Assistant. — C.  G.  Ridgelv, 
$1,200. 

Hospital  Clerk.— B.  R.  Baer,  $1,800.    Assistunt.-B..  H.  Coyle,  $1,200. 

Impost  Clerk.— C.  H.  Pitt.  $1,500. 

Ikcord  Clerks.— C.  A.  Hergesheimer,  $1,400;    Walter  Ball.  $1,200. 

Deputy  Collector  at  Havre  de  Grace. — A.  P.  McComi^s,  $1,200. 

Clerk.— J\.  H.  .James,  $1,200. 

Assistant  Custodianoj  Public  Buildings. — E.  T.  Daneker,  $1,500. 

Janitor. — Columbus  Saunders,  $912.50. 

Engineer. — W.  W.  White,  $2.75  per  tlay. 

Messengei'^. — J.  A.  Butler,  $1.095 ;  J.  S.  Conaway,  Felix  McCurley  and 
Stephen  Carmack,  each  $912.50. 


NAVAL    OFFICE. 

Naval  Officer.— kn\^  E.  Kixg.     Salary  $5,000. 

Deputy  Natal  Officer. — William  Corkran,  $2,500. 

Entry  CZe?-A;.— Samuel  Keefer,  $1,800.  .4«s<:*^7«f.— William  E.  AV. 
Ross,  $1,500. 

^Ynr€h<mss  Clej-k^.—Vi.  E.  Bouldin,  $1,600;    Chs.  W.  Beatty.  $1,500. 

Liquidatin/f  Clerks.— Wm.  H.  Taylor.  $1,800;  John  P.  Carter,  $1,500; 

Assistant  Clerk.— F.  D.  Tormey,  $1,500. 

Impost  Clerk. — John  W.  Lanahan.  $1,500. 

Manifest  Clerk. — Louis  A.  Carl,  $1,500. 

Temporary  Clerk.— ¥.  A.  W.  Converse,  $1,600. 

Miscellaneous. — George  T.  Sears,  $1,200. 

Fee  Clerk.— A..  K.  White,  $1,200. 

Messengers. — W.  Ellinger,  $3  per  day;  Jordan  Christian,  $2.50  jjer 
day. 

SURVEYOR'S     OFFICE. 

Surveyor. — Chari.es  Gilpin.     Salary,  $4,500. 
Deputy  Suiteyor. — H.  R.  Torbert,  $2,500. 
Clerk.— "R.  A.  Bruce,  $1,600. 
Aid  to  Survet/or.—F.  D.  McNeal.  $1,460. 

Clerks.— U.  M.  Straughn,  $1,500 ;  G.  W.  Miller,  $1,300;  Isaac.  D. 
Chcsebrough,  $1,200. 

Mesf<c7iger.—^y.  F.  Taylor,  $912,50. 
33 


512 


tr.    8.    OFFICERS   IN   MARYLAND. 


U.  8.  Weigher.—^.  Parker  Bosley,  |2,000. 

Gaygers.—Sohn  T.  Schley  and  Steplien  Whalen,  each  fl.oOO. 

Markers.— T>.  C.  Welsh  and  Zacliariah  Sharper,  each  $912.50. 

Special  Assistant  Measurer. — J.  B.  Streets,  $468. 

Clerics  to  M'eigher.—U.  S.  Guest,  $1,400  ;   L.  H.  Hutchins,  $1,200. 

Assistant  Weighers.— 3 .  S.  Allison,  Charles  Alexander,  G.  M.  Addi- 
son, R.  L.  Ewing.  R.  F.  Henneberry,  J.  H.  Leach,  W.  :\Ioxley,  Jr., 
J.  S.  Merryman,  J.  H.  Naas,  S.  W.  Forrest,  Isaac  G.  Roberts. 
Franklin  Supplee,  F.  H.  Taft,  J.  M.  Wheeler,  R.  O.  Waterworth  and 
.John    S.  Charles,  each  $1,200. 

U.  S.  Measurer.— N.  L.  Wood,  $1,300. 

Assistaiii  Measurers.— 0.  S.  Roop  and  W.  H.  Byrn,  each  $1,095. 


INSPECTORS. 

[Salary  of  each,    $1,460.] 

A.  W.  Bolenins.  W.  J.  Bryson,  Wm.  Brooks,  A.  Billint^slea,  H.J. 
Brown,  L.  E.  Baldwin,  Charles  Brown,  Jos.  F.  Carter,  J ulius  Conrad. 
Wm.  H.  Charles,  Curtis  Davis,  Levi  Duncan,  M.  Dundon,  G. 
W.  Dowell,  T.  H.  Everett,  Joseph  Ebanirh,  M.  B.  Fields,  G. 
F.  French,  R.  A.  Griffith,  U.  H.  Griffith.  S.  C.  Gorrell,  Francis 
Gates,  T.  J.  Garrison,  Henry  Gait,  D.  R.  Hosking,  W.  K.  Hammond. 
Edward  Hatton.  G.  T.  Hopkins,  G.  B.  Jean,  George  James,  Sam"! 
Knode,Wm.  B.  Lyons.  John  Lloyd,  Salome  Marsh,Wm.  M.  Mavnadier. 
George  Myers,  H.  McElderrv,  R.  G.  McPherson,  J.  D.  McKean,  L.  H. 
Miller,  J.  B.  McNeal,  W.  I.  Nicholls,  Benj.  O'Hara,  G.  W.  Peacock, 
Wm.  Fr^zier,  George  Ruths,  B.  L.  Simpson,  Jr..  Alex.  Smith,  J.  M. 
Thackery,  J.  L.  Thomas,  Sr.,  M.  W.  C.  Thompson,  James  Vail i ant, 
James  Whitehouse,  P.  W.  Webb,  Jacob  Wickard,  A.  D.Worthington. 
J.  C.  Whitney  ;  Franklin  Hopper,  at  Havre  de  Grace,  $400. 

Female  Inspectress.— Anna.  M.  Hopkins,  $800. 


NIGHT   INSPECTORS. 

[Salary  of  each,  $1,095.] 
S.  K.  Andrews,  Benj.  Andrews,  Levi  Arnett,  David  Barrett,  J.  M. 
Brown,  E.  J.  Brown,  J.  H.  B.  Biackstone,  J.  H.  Butler,  Wm.  Button. 
H.  A.  Monroe,  Dennis  Bankard,  O.  Cornthwaite,  M.  Carroll,  G.  A. 
Cornish,  C.  C.  Cameron,  A.  G.  Cadwallader,  Georcre  M.  Carson,  J.  T. 
Carter,  W.  M.  Chambers,  M.  F.  Connor,  W.  A.  Chapman,  Richard 
Davis,  Wm.  Edwards,  J.  O.  Fowler,  L.  C.  Fox,  R.  B.  Fisher,  .J.  .J. 
GriLrtrs,  B.  B.  Gray,  W.  H.  Hubbard.  J.  B.  Hamilton,  Nelson  Holland, 
S.  D.  Jenkins,  C.  Kaufman.  James  Knight,  .L  H.  Lee,  R.  W.  Prvor. 
N.  Pamphilion,  C.  W.  Rumney,  Augustine  Roberts,  J.  C.  Robins'on. 
Joshua  Robinson,  Jolm  Sommer,  D.O.  Strong,  J.  F.  Sprigg,  The(jdore 
Slack.  W.  L.  Snyder,  J.  H.  Seward.  B.  H.  Smith.  Armeiiius  Tyler, 
W.  K.  Travers,  W.  H.  Tucker,  W.  Williams,  Wm.  E.  Wilson  and 
Benedict  Yost. 


V.    S.   OFFICERS    IN    MAUYLAND.  513 

Captain  of  Watch.— T.  H.  Carmicliael,  $1,460. 

Lieut,  of  Watch. — James  II.  Locan,  $1,200. 

Watchmen. — A. W.  Shay,  J.  H.  Horner,  J.  H.  Bride,  James  McKenny, 
John  Lannigan  and  J.  M.  Babcock,  each  $1,095. 

'remporary  Watchmen. — J.  T.  Tucker,  C.  R.  Durham  and  James 
Sewell,  $1,095. 

Mennenger. — Nicholas  Muller,  $912.50, 

Aid  to  Revenue. — W.  H.  Richardson. 


PUBLIC     STORES. 

Supei'intendent  of  Sto}-e.s.—W.  L.  W.  Seabrook,  $1,800. 

Storeee  pers. — C.  P.  8pioer,  A.  S.  Cooper,  Ignatius  Lauer,  J.  H. 
Hooper,  Pere  L.  Lynch,  J.  H.  Redue,  Wm.  Stahl,  Wm.  H.  Picking,  W. 
W.  Sullivan,  W.  E.  Wallis,  J.  S.  Manley,  W.  H.  Counselman,  J.  K. 
Calwell,  C.  N.  Kuhn,  F.  M.  Collier,  Eugene  Post  and  John  Thomas, 
each  $1,460. 

Clerk  and  Acting  Storel-eeper. — J.  L.  Linthicum,  $1,800. 

CUrk.—B,.  B.  Evans,  $1,200. 

Foreman. — Frederick  Wagner,  $1,200. 

Porters.— G.  W.  MathisonrG.  R.  Tliompson,  Nicholas  Gillard,W.  M. 
Mercer  and  Owen  Gooding,  each  $1,003.75. 

Messenger. — J.  IL  Parker,  $900. 


APPRAISER'S     OFFICE. 

Appraiser. — E.  F.  Anderson,  $3,000. 

Appraiser  Oeiieral — John  F.  Meredith,  $3,000. 

Clerk  to  General  Appraiser. — R.  G.  Morgan,  $1,400 

Assistant  Appraisers. — Geo.  T.  Castle  and  J.  R.  Fellman,  each  $2,500. 

Inspector  of  Druqs. — .J.  P.  Polk. 

Chief  Clerk.— li.  C.  Maund,  $1,800. 

Examiners. — J.  R.  King,  Alfred  Miller,  W.  H.  Myers,  Rufus  King, 
Caleb  Douty  and  Win.  Galloway,  each  $1,600. 

Clerks.— ¥.  F.  Baury,  $1,600;  N.  Turnbull.  A.  K.  Hadel,  Josiah 
Bankard,  S.  M.  Evans,  F.  S.  Meredith,  each  $1,400. 

Foreman. — Samuel  Norris,  $1,200. 

Foreman  and  Sampler.— T.  S.  Peters,  $1,200. 

Samplers. — W.  H.  Matthews,  E.  Wornitz,  J.  F.  Thomas  and  W. 
E.  Brian,  each  $1,100. 

Engineman.—R.  H.  White,  $1,000. 

Foreman. —  Wm.  Cummings,  $1,000. 

Openers  and  Packers. — W.  McLane,  F.  S.  Hammond,  S.  F.  Zeigler, 
W.  D.  McAllister,  J.  M.  Carter,  G.  T.  Elliott,  each  $1,095  ;  J.  W. 
Ijams.  $1,003.75. 

'  Pm-tcrs.-iohn  Hose,  Wm.  Hall,  W.  H.  Spriggs,  T.  J.  Barclay,  J.  A. 
Brawner,  Isaac  Sprigg,  each  $1,095  ;  R.  H.  Morsell,  $912.50. 

Messenger.— y^ .  T.  Brewer,  $912.50. 


514  U.    S.   OFFICERS    IN    MARYLAND. 

LIGHT  HOUSES  AND  KEEPERS  OF  MARYLAND. 

Superintendent — Washington  Booth,  Collector. 

r,„  ,„    xn     J.  TT     11  S  James  T.  Bowlincf $  540 

beven  Foot  Knoll,, ^  „  ,         i  t>  n     a     ^  >ion 

'  (  Edwai-fl  Bell,  Asst 420 

Thomas'  Point John  Wayson 520 

Fort  Carroll James  E.  Meads 540 

North  Point  \  '^"^eph  Ridgaway 540 

\  Margaret  Ridgaway,  Asst.  . . .  400 

Lazaretto John  A.  Phillips 500 

Pool's  Island Isaac  J.  Allen 520 

Fishing  Battery J.    D.  Bartell 560 

Havre-de-Grace Esther   O'Neil 500 

Sandy  Point Abraham  Parkinson 520 

Turkey  Point, Rebecca  L.  Crouch 520 

Greenbury  Point Beuj.  S.  Suit 520 

Point  Lookout Wm.  Yeatman 520 

c,i        1    Ti      1  ^Daniel    Hope 540 

Sharp's  Island j  Richard  M^m 420 

Cove  Point Charles  H.  Erdman 560 

Leading  Point Van  Buren  I  jams 520 

Hawkins'    Point 


j  Samuel  Waterworth 540 

\  Hillen  J.  Waterworth,  Asst.,.  400 

f  Wm.  B.  Read 540 

Love  Point,  (Kent  Island) \  Eugene  Burshnell.  (ax  420 

(Edward  Minnick.  \^^^^^-^  400 


Craighill  Channel — 


T          T,                                   ^  J-  W-  McDonald,  Keeper, 540 

Inner  Beacon, *^  tt  n   -nt-  i,  i     ax  ^oa 

'                         I  H.  R.  Nichols,  Asst., 420 

Outer  Beacon                           \  ^^'"-  ^-  ^^''^''*  Keeper, 540 

Uuter  Beacon, ]  F.  M.  Buckless,  Asst, 420 

NAVY    DEPARTMENT. 

Pay   Director — C.  C.   Jackson,  U.  S.  Navy,  Navy  Pay  Officer  at 
Baltimore. 


TREASURY    DEPARTMENT. 

Svpervmng  Inspector  of  Steamhoats. — John  Meushaw,  $3,000. 

Local  Inspector  of  Steamboats — (Hull  Impector.) — James  D.  Lowry, 
$2,000. 

Local  Inspector  of  Steaniboats — (Boilers.) — W.  O.  Saville,  $2,000. 

Gler  to  the  Board — (c  onsisting  of  the  three  Officers  above  named,) 
Levi  Valentine,  $1,600. 

United,  States  Pension  Agent. — Harrison  Adreon,  first  apiJointed 
May,  18C9.  His  commissions  are  not  fixed;  salary  not  to  exceed 
$4,000.  He  pays  the  pensions  to  soldiers  in  the  late  war,  in  the  war 
of  1812,  the  Mexican  war,  invalid  pensioners,  &c.,  and  employs  his 
own  clerks. 


U.  S.  OFJTICEKS    IN    MAKYIiALD. 


515 


THE     BALTIMORE    POST    OFFICE. 


Post  Master.— Ges.  A.  W.  Denison.     Salary,  $4,000 

Assistant  Post  Master. — Jehu  B.  Askew. 

Treasurer. — John  ]\I.  Denison. 

General  Superintendent. — John  D.  Taylor. 

Chief  Clerk.— liohert  E.  Boyd. 

Money  Order  Clerics. — J.  J.  C.  Dougherty,  Philip  D.  Boyd,  Adolph 
Von  Hartung,  Edward  Henrix. 

Registry  Clerics. — Lemuel  Jones,  .Tohn  H.  Baker. 

Stamp  Glei-ls. — William  H.  Powell,  George  W.  Johnson. 

General  Delivery  Clerk. — James  A.  Blair. 

Newspafei'  Delivery. — G.  W.  Claypole. 

Ladies  Window. — Mrs.  Deborah  O'Neill  and  Miss  Ellen  W. 

Foreign  Clerk. — John  A.  Garies. 

Mailing  Clerks. — Robert  Coulson,  Jos.  W.  Dallam,  E.  D. 
George  W.  Alloway,  William  E.  Andrews,  William  G.  Brown,  Samuel 
H.  Daneker,  J.  W.  Garraan,  J.  J.  Grove,  E.  M.  Hakesly,  A.  H.  Hen- 
derson, Nathan  Holland,  M.  S.  Ilgenfritz,  E.  V.  Lare,  Wm.  H.  Little, 
A.  J.  Norris,  J.  F.  Parrott,  J.  M.  Rothrock,  H.  A.  Smith,  W.  H.  H. 
Sultzer,  H.  S.  Tagart,  E.  O.  Thomas,  D.  R.  Whipple,  A.  W.  Handy, 
Thomas  A.  Lambden,  Joseph  G.  Seiift,  A.  T.  Shreeves,  Joseph  S.  Sol- 
omon, Joseph  Stivers,  Henry  Williams,  B.  F.  Eney,  John  S.  James, 
C.  W.  Snyder,  J.  T.  Armacost,  John  Appel,  Thos.  H. 'Chester,  William 
H.  Metcalf,  Edwin  Sandys,  Ernest  Beck,  H.  Clay  Hawkins. 


Lowry. 

Smyser, 


LETTER    CARRIERS'     DEPARTMENT. 

Superintendent. — M.  S.  Showacre. 

Assistant  Superinteiident. — John  T.  Kremer. 

Sixty  Letter  Carriers  are  employed  making  three  deliveries  daily 
on  the  outside  districts  and  five  on  the  business  districts. 

Three  collections  are  made  daily  from  all  the  Street  Letter  Boxes, 
four  additional  collections  are  made  Irom  the  Boxes  on  the  business 
districts. 

During  the  past  two  years  they  delivered  as  follows : 


Mail  Letters. 
1873,      5,200,696 
1873,      4,851,381 


Local  Letters. 
702,343 
658,533 


Increase,     349,315 

Letters  Collected. 
1873,      4,500,953 
1873,      4,020,035 


43,819 


Newspapers. 
l,2f>3.153 
1,100,070 

103,083 


Newspapers  Collected. 
213,542 
161,483 


Increase,  480,938  52,060 

The  Revenue  of  the  Baltimore  Post  Office,  for  the  year  ending 
September  30,  1873,  was  |305,200. 


il6  y.    8.    OFFICERS    IN    MARYLAND. 


UNITED  STATES  INTERNAL  REVENUE. 

The  following  are  the  Collectors  and  other  Officers  of  Internal 
Revenue  in  Maryland : 

FIRST  COLLECTION  DISTRICT, 
Office  Baltimore  Custom  House  Building. 

Collector. — Jas.  McIntire. 

Deputy   Collector  and  Cashier. — C.  Marion  Leitch. 

Dqmty  Collectors. — John  H.  Jenkins,  Rob't  G.  King,  L.  A.  C.  Gerry, 
John  E.  Graham. 

Chief  Clerk.— Yved'yi  G.  Meyer. 

Amstant  Clerk. — John  E   Lamb. 

U.  8.  Oaugers.—^ixmvLQl  M.  Dukehart,  E.  A.  Alexander,  V.  C.  S. 
Eckert. 

U.  8.  Storekeepers — Thos.  W.  Donaldson,  Thos.  "W.  Binyon,  Joha 
B.  Herold. 


SECOND   COLLECTION  DISTRICT, 

Relay  House. 

Collector. — Dr.  Wm.  R.  Wilmer,  of  Charles  County. 
Clerk. Wilmer. 


THIRD     COLLECTION    DISTRICT, 
Office  Baltimore  Custom  House  Buildlno. 

Collector.— Tl.  M.  Proud,  salary,  $4,500. 

BepiiUj  Collectors.— K.  W.  Stetman,  $1,800;  C.  H.  Cobb,  B.  F. 
Sparhawk,  J.  H.  Dittman,  H.  F,  Meyer,  W,  A.  Noel,  John  S.  Price, 
W.  E.  AVooddy.  each  $1,500. 

Clerks.— 3.  H.  Price,  Wm.Worthington,  E.  C.  DuBois,  each  $1,100. 

U.  8.  Ganr/ers.-J-ds.  T.  Caulk,  P.  T.  Darlincj,  J.  W.  Diirgs,  R.  H. 
Edwards,  G.  W.  GiMaspey,  T.  H.  Ghidmon,  .J.  Thomas  Hall,  F.  E. 
Meredith.  Eli  S.  Prime.  W.  L.  Richards.  C.  W.  Stockett,  J.  D.  Thom- 
son, Thomas  Waters,  R.  V.  Wall  is.  Compensation — fees  for  woi-k 
done,  not  exceeding  $7  for  any  one  day. 

U.  8.  Storekeepers. — John  Ashton,  John  S.  Cassell,  W.  W.  Dunbar, 
H.  C.  Carter,  John  R.  Magruder,  James  S.  Rawliiis.  The  salary  of 
the  storekeepers  is  $5.00  i:)er  day  when  actually  employed. 


FOURTH  COLLECTION   DISTRICT, 

Cumberland. 
Collector. — Col.  Daniel  Bruce. 

Clerk. — Webster  Bruce. 


U.    8.    OFFICKRS    IN    MARYLAND.  517 


THE    UNITED    STATES    COURTS, 
IN   MARYLAND. 

The  Act  of  Con£Tres8  of  1789,  chapter  20,  establishod  in  each  State  of 
tlie  Union  a  "Circuit  Court,"  unci  also  a  "District  Court."  A  Judge 
of  the  Su))reme  Court  of  the  United  States  was  assigned  to  the  Circuit 
Court  of  each  of  the  States  composing  Ids  Judicial  Circuit,  tlie  .Judge 
of  the  United  States  District  Court  in  each  State,  acting  as  his  Asso- 
ciate. 

Tl;e  State  of  Maryland  is  in  tlie  Fourth  Judicial  Circuit,  wliich 
also  includes  Virginia,  Western  Virginia,  North  and  South  Carolina. 

In  1869,  Congress  passed  an  Act  jjroviding  for  the  api)()intment  of 
an  additional  Associate  Justice  of  tlie  Supreme  Court,  which  provides 
as  follows : 

The  Additional  Associate  Justices  of  the  Supreme  Court. 

The  Act  of  (Congress  of  1869,  cha])ter  22,  (March  10th,)  enacts,  that 
the  Supreme  Court  of  the  United  States  shall  consist  of  the  Chiel 
Justice  of  the  United  States,  and  eight  Associate  Justices,  any  six 
of  whom  shall  constitute  a  quorum;  and  lor  the  purposes  of  this  Act 
there  shall  be  apjxiiiited  an  additional  Associate  Justice  of  said  Court. 

The  second  section  enacts,  that  for  each  of  the  nine  Judicial  Cir- 
cuits there  shall  be  appointed  a  Circuit  Judge,  who  shall  reside  in 
his  circuit,  and  shall  possess  the  same  power  and  jurisdiction  therein 
as  the  Justice  of  the  Supreme  Court  allotted  to  the  Circuit.  That 
the  Circuit  Court  in  each  of  the  Circuits  shall  be  held  by  the  Justices 
of  the  Supreme  Court  allotted  to  the  Circuit,  or  by  the  Circuit  Judge 
of  the  Circuit,  or  by  the  District  Judge  of  the  District,  sitting  alone, 
or  by  the  Justice  of  the  Supreme  Court,  and  Circuit  Judge,  sitting 
together,  in  which  case,  the  Justice  of  the  Supreme  Court  shall  pre- 
side; or  in  the  absence  of  either  of  them,  by  the  other,  (who  shall 
preside,)  and  the  District  Judge.  Such  courts  may  be  held  at  the 
aame  time  in  the  different  districts  of  the  same  Circuits;  and  cases 
may  be  heard  and  tried  by  each  of  the  Judges  holding  any  such 
court,  sitting  apart  by  the  direction  of  the  presiding  Justice  or  Judge, 
who  shall  designate  the  business  to  be  done  by  each.  The  Circuit 
Judge  shall  receive  an  annual  salary  of  $5,000. 

The  clerks  of  the  Circuit  Courts  in  each  Circuit  shall  be  appointed 
by  the  Circuit  Judge  of  that  Circuit;  and  the  clerks  of  the  District 
Courts  shall  be  appointed  by  the  Judges  thereof  respectively. 

It  shall  be  the  duty  of  the  Chief  Justice,  and  of  each  Justice  of  the 
Supreme  Court,  to  attend  at  least  one  term  of  the  Circuit  Court  in 
each  District  of  his  Circuit,  during  every  period  of  two  years. 

Any  Judge  of  any  Court  of  the  United  States,  who,  having  held  his 
commission,  as  such,  at  least  ten  years,  shall,  after  having  attained 
the  asje  of  seventy  years,  resign  his  otlice,  shall  thereafter,  during  the 
residue  of  his  natural  life,  receive  the  same  salary  which  was  by  law 
payable  to  him  at  the  time  of  his  resignation. 

Jurisdiction  of  the   United  States   Circuit   Court. 
"The  Circuit  Courts  have  original   cognizance  concurrent  with  the 
Coiuts  of  the  several  States,  of  all  suits  of  a  civil  nature  at  common 


518  U.   S.   OFFICERS   IN   MARYLAND. 

law,  or  in  equity,  where  the  matter  in  dispute  exceeds,  exclusive  oi 
costs,  the  sura  or  value  of  tive  hundred  dollars,  and  the  United  States 
are  plaintiffs  or  petitioners;  or  an  alien  is  a  party,  or  the  suit  is  be- 
tween the  citizen  of  the  State  where  the  suit  is  lirought,  and  a  citizen 
of  another  State.  And  shall  have  exclusive  cognizance  of  all  capital 
crimes  and  oflences  cognizable  under  the  authority  of  the  United 
States,  and  concurrent  jurisdiction  with  the  District  Courts,  of  all 
other  crimes  and  offences  cognizable  therein." — 1789,  ch.  20,  sec.  11. 
Jurisdiction  of  the  United  States  District  Court. 

"The  District  Courts  have  exclusive  original  cognizance  of  all  ci\^l 
cases  of  admiraltj-  and  maritime  jurisdiction,  including  all  seizures 
under  law  ol'  import,  navigation  or  trade  of  the  United  States,  where 
the  seizures  are  made  on  waters  which  are  navigable  from  the  sea  by 
vessels  often  or  more  tons  burthen,  within  their  respective  districts,  as 
well  as  upon  the  high  seas ;  saving  to  suitors,  in  all  cases,  the  i-ight  of 
a  common  law  remedy,  where  the  common  law  is  competent  to  give 
it;  and  shall  also  have  exclusive  original  cognizance  of  all  seizures 
on  land  or  other  waters  than  as  aforesaid,  made,  and  of  all  suits 
for  penalties  of  forfeitures  incurred,  under  the  laws  of  the  United 
States.  And  shall  also  have  cognizance  concurrent  with  the  courts 
of  the  several  States,  or  the  Circuit  Courts,  as  the  case  may  be,  of  all 
causes  where  an  alien  sues  for  a  tort  only  in  violation  of  the  law  of 
nations,  or  a  treaty  of  the  United  States,  and  shall  also  have  cogni- 
zance concurrent,  as  last  mentioned,  of  all  suits  at  common  law  where 
the  United  States  sue,  and  the  matter  in  dispute  amounts,  exclusive 
of  costs,  to  the  sum  or  value  of  one  hundred  dollars,  and  shall  also 
have  jurisdiction,  exclusively  of  the  courts  of  the  several  States,  of  all 
suits  against  consuls,  or  vice-consuls,  except  for  offences  above  the 
description  aforesaid,"  (1789,  ch.  20.  sec.  9,)  and  also  under  the  Na- 
tional Bankrupt  Act  of  March  2d,  1867,  ch.  176.  The  District  Courts 
have  concurrent  jurisdiction  with  the  Circuit  Courts  in  all  offences 
not  capital,  by  Act  of  1842. 

Fees  and   Costs. 

The  fees  and  costs  to  be  allowed  clerks,  marshals,  attorneys  and 
commissioners  of  the  Circuit  and  District  Courts  of  the  United  States 
are  established  by  Act  of  Congress  of  1853,  ch.  80.  The  Courts  are 
authorized  to  appoint  a  crier  at  $2.00  per  day.  The  marshals  are  au- 
thorized to  appoint  bailiffs  not  exceeding  Ave,  at  !^2.00  per  day.  The 
per  diem  of  jurors  is  $2.00  per  day  and  live  cents  per  mile  mileage. 
Witnesses  $1.50  and  five  cents  mileage.  The  fee  of  printers  for  pub- 
lishing any  statute,  &c.,  is  40  cents  per  hundred  words  for  first 
insertion,  and  20  cents  for  each  subse(iuent  insertion.  The  fees  of 
district  attorneys  and  marshals  are  limited  to  $6,000  per  year,  and 
clerks  to  $:3,500  per  year. 

The  Judges  of  the  United  States  Courts  are  appointed  by  the  Presi- 
dent of  the  United  States  for  life,  subject  to  the  confirmation  of  the 
Senate ;  removable  only  upon  imijeachment. 

Salaries  and  Compensation. 

The  salary  of  the  Associate  Circuit  Judge  is  $5,000  per  annum. 

The  Judges  of  the  Circuit  and  District  Courts  appoint  the  clerks 
of  their  respective  courts;    removable  at  pleasure. 

[The  clerks  of  United  States  Courts  generally  hold  their  positions 
for  life,  unless  removed  for  cause.] 


U.    S.    OFFICERS    LN    MAUYLAND.  519 

The  office  of  Cliiel' Justice  of  the  Supreme  Court  is  vacant  at  the 
date  of  this  publicution,  by  the  death  of  Chief  Justice  Cliase,  who 
was  assigned  to  the  Circuit  Court  of  the  fourtli  Judicial  Circuit. 

Tlie  Courts  appoint  a  Crier  at  !^2.00  per  day. 

The  United  States  District  Attorney  and  'United  States  Marshal 
are  appointed  by  the  President,  subject  to  the  confirmation  of  tlie 
Senate. 

The  United  States  Marshal  appoints  his  deputies  who  act  as  bailiffs 
of  the  Courts,  at  |3.00  per  day. 


JUDGES  AND  OFFICERS  OF  THE  COURTS. 

The  Judges  and  Otiicers  of  the  United  States  Courts  in  Maryland 
are  as  follows : 

Chief  Justice  of  the  Supreme  Court  of  the  United  States  assigned  to  Hie 
Fourth  Judicial  Circuit,  (vacant.) 

United  States  Circuit  Judge. — Hon.  Hugh  L.  Bond,  of  Maryland, 
commissioned  July  13th,  1870  ;  salary  ^G.OOO  per  year. 

United  States  BiMrict  Judge. — Hon.  Wm.  Fell  Giles,  commissioned 
July  18th,  1853;  salary  ^-l.Odo  per  year. 

United  States  District  Attorney. — Archibald  Stirling,  Jr.,  commis- 
sioned December  21st,  1869  ;  compensation  $200  and  fees. 

Atisi.'itant  United  States  District  Attorney. — Alexander  M.  Rogers; 
salary  $2,000  per  year. 

Clerh  of  the  Circuit  Court. — James  W.  Chew. 

Deputy  Clerk. — John  H.  Lowe. 

Crier. — R.  L.  Ross. 

Badi_f.—J.  K.  Shott. 

United  States  Marshal. — E.  Y.  Goldsborough. 

Deputy  Marslmls. — R.  H.  Goldsborough,  N.  H.  Creager,  Charles  A. 
Bisho]!,  John  S.  Pegley. 

Engineer. — Henry  Zuehrling. 

Ja;utor.— Benjamin  Rassin. 

Assistant  Janitor. — George  Briscoe. 

Terms  of  the  United  States  Circuit  Court. — First  Monday  in  April 
and  November. 

Terms  of  the  United  States  District  Court. — First  Tuesday  in  ^March, 
June,  September  and  November. 

The  Circuit  and  District  Courts  have  the  same  clerks  and  other 
officers. 


United  States  Commissioners  in  Maryland. — Robert  Lyon  Rogers, 
Isaac  Brooks,  Jr.,  Baltimore  city  ;  Samuel  Hafty,  Jr.,  William  R. 
Wilmer,  George  H.  Richardson,  George  W.  Jefferson,  Robert  B. 
Pierce,  James  T.  McCuliough,  Nicholas  Brewer  of  N.  and  John  J.  Law- 
son,  residing  in  the  counties. 

Fees  of  United  States  Commissioners. — By  the  Act  of  Con"-ress  of 
1853,  chap.  80  ;  the  Fees  of  the  United  States  Commissioners  are  as 
follows: 

For  administering  an  oath,  10  cents.  For  hearing  and  decidin'^- 
on  criminal  charges,  for  the  time  necessarily  employed,  per  day 
$5.00. 


•'>30  U.    S.    OFFICEKS   IN    MARYLAND. 

For  attending  to  a  reference  in  a  litigated  matter  in  a  civil  cause,  at 
law,  in  equitv,  or  in  admiralty,  in  pursuance  of  an  order  of  cinirt, 
(per  day,)  $3»bo. 

For  taking  and  certifying  deposition  to  file,  for  each  folio  of  100 
words,  20  cents. 

For  each  copy  of  the  same,  furnished  to  a  party  on  request,  per  folio 
of  100  words,  10  cents. 

For  issuing  any  warrant  or  writ,  or  any  other  service,  the  same  con- 
pcnsation  as  is  allowed  to  clerks  for  like  service. 

For  issuing  any  warrant  under  the  treaty  between  the  United 
States  and  Great  Britain,  or  under  the  convention  between  the 
United  States  and  France,  against  any  person  charged  with  crime, 
&c.,  $2.00. 

For  hearing  and  deciding  upon  the  case  of  any  person  arrested  as 
above,  (per  day,)  $5.00. 


COMMISSIONEKS  OF  THE  COURT  OF  CLAIMS. 

The  following  commissioners  have  been  appointed  for  the  United 
States  Court  of  Claims,  for  the  State  of  Maryland  : 

Henry  Webster,  Jer vis  Spencer,  Charles  Marshall,  Thomas  Martin. 

Their  fees  are  the  same  as  the  lues  of  United  States  Commissioners, 
for  taking  testimony  and  similar  duties,  under  the  act  of  1853,  ch.  80. 


BEGISTEES    IN     BANKRUPTCY. 

First  Congressional  District. — George  M.  Russum. 
Second    Congressional  i;,',si!?v'c«.— Richard  B.  Norment, 
Third  Congressional  District. — Orlando  F.  Bump. 
Fourth  Congressional  District. — R.  Stockett  Mathews. 
Fifth  Congressional  District. — J.  Wirt  Randall. 
Sixth  Congressional  District.—^.  F.  M.  Hurley. 


THE    CENTENNIAL    INTERNATIONAL 
EXHI  BI  TIO  JSr. 

Maryland  Memlers  of  the  Centennial  Board  of  Finance  of  the  Inter- 
national Exhibition  in  1876. 

The  Act  of  Congress  of  June  1st,  1872,  chap.  259,  appointed  the 
following  ])ersons  from  Mary  hind.  Members  of  the  Centennial  Board  of 
Finance'of  the  Centennial  International  Exhibition  to  be  held  in 
Philadelphia  in  1876  : 

At  Large.— J) aniel  R.  Magruder,  Henry  Tyson,  Ferdinand  C. 
Latrobe  and  Thomas  A.  Spencei'. 

First  Congressional  District. — I.  C.  W.  Powell,  James  U.  Dennis. 

Second  Congressional  JJistrict. — Alexander  Evans,  Edward  S])encer. 

Third  Congressional  District. — James  A.  Henderson,  Wm.  M.  Marine. 

Fourth  Congressional  District. — P.  P.  Pendleton,  Enoch  Pratt. 

Fifth  Congre.<isional  Didrict. — Thomas  Donaldson,  Eli  J.  Heukel. 

Sixth  Congressional  District. — J.  Alired  Ritter,  R.  D.  Johnson, 


OFFICERS    CHANGED.  521 

CHANGES   IN  BALTIMORE    STATE  AND    CITY 

OFFICEES. 


The  followintr  changes  have  been  made  in  the  State  and  Municipal 
OfRc-ers  of  Baltimore  City,  corrected  to  August  1st,  1S74. 

Patje  496,  Terms  of  Court. — The  stated  terms  of  the  Superior  Court, 
Court  of  Common  Pleas.  City  Court  and  Criminal  Court,  commenee 
on  the  second  Monday  in  January,  May  and  Octobei\  The  Kule  Days 
of  said  courts  are  the  first  day  of  each  term,  and  the  second  Monday 
in   Feb..  March,  April,  June,  July,  Nov.  and  Dec. — 1874,  ch.  401. 

Pfuje  497,  Orphans"  Covrf. — Hon.  John  A.  Inglis  appointed  Chief 
Judge,  vice  Chief  Judge  B.  D.  Danels,  deceased. 

Page  497,  Boanl  of  Police  Commissioners. — The  following  Police  Com- 
missioners were  elected  by  the  General  Asseml)ly.  February  :id.  1874, 
to  take  office  at  the  end  of  tlie  term  of  the  present  Board. —  lotli  ^larch, 
1875.  Wm.  H.  Fusselbaugh  for  the  term  of  six  years;  Col.  Harry  Gil- 
more  for  li)ur  years;  John  Milroy  for  two  years. 

Pa/je  497,  Justices  of  (he  Peace. — The  following  Justices  of  the  Peace 
were  a])pointed  lor  two  years,  from  the  first  Monthly  in  May,  1874.  1st 
AVard,  Marcus  Kitgert,  Edward  F.  Flaherty ;  2d,  Henry  Cashmyer,  B.  O. 
Hutcheson  ;  3d,  John  T.  Farlow,  L.  W.  Coleman;  4th,  John  T.  ]SIad- 
dox,  Nicholas  Uobinson  ;  5th,  Daniel  Hagt;erty,  Robert  "W.  Hays ;  (3th, 
Henry  M.  Staylor,  Lloyd  Slemmer ;  7th,  Wm.  S.  ^lurpliy.  Jno.  T.  Gor- 
such  ;  8th,  "\Vm.  H.  Roberts,  Wm.  H.  Bayzand;  9th,  A.  Ballauf,  Josh- 
ua M.Myers;  10th,  W.H.Gill,  Chailes'P.  Brewer;  11th,  Thomas  J. 
"Welby,  Peter  Kries ;  12th,  David  H.  Lucchesi,  Wm.  H.  Hay  ward; 
1.3th,  Louis  IT.  Dammann,  Geo.  W.  C.  Bell  :  14th,  Otto  Benner,  Geo. 
McCaflray ;  15th,  Samuel  Jarden,  Geo.  J.  Kreis;  16tl),  Daniel  Bride, 
James  E.'st(me;  17th,  Daniel  Piquett,  S.  C.  Tall;  18th,  G.  A.  Whee- 
ler, Alex.  M.  Briscoe;  19th.  Edward  G.  Starr,  Robert  J.  Thursbey; 
20th,  George  V.  Metzell,  George  A.  Hemmick.  At  Large. — Joseph 
AVatson.  Upton  Scott,  Benj.  Effgleston,  H.  W.  Snowden. 

Pafje  498,  Constables. — Tlie  lollowing  Constables  were  appointed  by 

Mavor  Vansant,  for  two  years,  from .  1874.     1st  Ward,  Horatio 

P.  \Vallace,  H.  P.  Rose  ;  2d,  Louis  Roll,  Wm.  J.  Smith;  3d,  Anderton 
P.  Maddox,  Martin  Gardner;  4th,  G.  Koffenberger,  Francis  W.  Green; 
5th,  Eugene  Share,  Joseph  T.  Pearson;  6th,  Christopher  F.  Deiterly, 
John  F.  Cook  ;  7th,  Wm.  F.  Eberwein,  Charles  C.  Quinn  ;  8th,  David 
Dobler,  JohnDufl'y;  9th,  P.  F.  Dolan.  Charles  Paruer;  10th,  S.  Gas- 
saway  Watkins,  L.  H.  Weiman  ;  11th,  John  W.  Kevin,  Andrew  Car- 
rick  ;  12th,  Stephen  A.  Morse,  Wm.  H.  Hitchcock  ;  13th,  George  \V. 
Hayne,  Samuel  Reese;  14th,  Nicholas  Schaeff'er,  H.  Bernhtimer;  loth, 
Alonzo  Snyder,  Tlionias  H.  Shanks;  16th,  N.  Robinson,  J.  S.  Show- 
acre;  17th,  William  P.  Smith,  Charles  Bopp;  18th,  August  Hofl'man, 
Saml.  E.  Tucker;  19th,  Richard  O.  Jessup,  James  E.  Sangston ;  20th, 
John  K.  Stein,  Peter  H.  Stitcher.  Constables  at  Large,  James  Barnes, 
Peter  Alt,  Chas  E.  Harrigan,  James  J.  Wilson. 

Page  498,  Coroners.— Bi:  T.  Kelly,  Eastern  Dist.,  vice  T.  W.  Sultzer. 

Page  498,  Ojlicers  of  Eegistration. — 1st  Ward,  Louis  Waltz;  2d.  Wm. 
Conyers;  3d,  George  W.  Bandel  ;  4th.  Samuel  Bohasxer;  5th.  Edward 
P.Hays;  6th,  Henry  Hall ;  7th,  Lewis  AV.  Nelson;  8th.  Philip  J.  Stay- 
lor ;  9th,  John  Mahon;  10th,  Charles  G.  Stewart;  11th,  John  P. 
McElderry;  12th,  Fayette  Plummer;  13th,  Alfred  Z.  Hall;  14th,  J. 
Frank  Morrison;  15th,  M.  E.  Mooney  ;  16th,  Henry  A.  Shultz  ;  17th, 


523  OFFICERS    CHANGED. 

Jolin  J.  Hoffman  ;  18tli,  Charles  E.  Key ;  19th,  James  Claypoole  ;  20th, 
Jolin  H.  Inglis. 

Notaries  PitUic. — C.  A.  Wasrner,  vice  G.  A.  Schwartzman. 

Commissioners  to  prevent  Incompetent  Persons  acting  as  Druggists. — 
Edwin  Eareckson,  J.  Faris  Moore  and  F.  Hassenkamp. 

Page  499,  The  Maryland  and  Virginia  Disputed  Boundary  Line. — The 
duties  of  the  Commissioners  under  the  act  of  1872,  ch.  210,  having  ter- 
minated by  a  failure  to  adjust  the  Boundary  Lines,  the  act  of  1874, 
ch.  247,  ajjpointed  as  arbitrators  to  determine  the  true  boundary,  lion. 
Jeremiah  S.  Black,  of  Pa.,  and  Hon.  Wm.  A.  Graham,  of  North  Caro- 
lina, with  power  to  select  a  third  arbitrator  and  Hon.  Chas.  J.  .Jen- 
kins, ex-Governor  of  Georgia,  has  been  selected.  Attorney  General 
Randolph  T.  Daniel  and  Judge  Wm.  L.  Robertson  are  counsel  for 
Virginia,  and  ex-Governor  Whyte  and  Hon.  Isaac  D.  Jones  counsel  for 
Maryland.  Until  the  adjustment  of  the  boundary  line,  the  temporary 
line  across  the  Chesapeake  Bay  known  as  the  Lovett  Davidsou  line, 
is  to  be  faithfully  observed  by  citizens  of  both  states. 


CHANGES  IN  THE  COEPOEATION  OFFICERS  OP 
BALTIMOEE  CITY. 


The  following  chancres  have  been  made  in  the  Municipal  Officers  for 
1874-5  and  their  salaries,  since  the  list  was  printed : 

PoAje  501,  City  Council  Officers. — First  Branch. — James  S.  Stanton, 
Sergeant  at  Arms,  vice  Capt.  James  Lilly,  deceased ;  Daniel  Carr,  Page, 
vice  E.  L.  Clark.  Second  Branch. — J.  J.  Grindall,  Chief  Clerk,  vice 
James  Hyde;  J.  J.  Edwards,  Assistant  Clerk,  vice  W.  J.  Brady;  Jos. 
M.  Wallace,  Sergeant  at  Arms,  [new  office.] 

Register's  Office. — C.  M.  Gordon,  Transfer  Clerk,  vice  A.  S.  Matthews. 

Comptroller's  OJfice. — S.  S.  Mills,  jr..  Chief  Clerk,  vice  S.  J.  Maccub- 
bin.  salary  incrt^ased  to  $1400.  Walter  J.  Smith  appointed  Assistant 
Clerk,  salary,  $1100. 

Mayors  OjUce. — Mayor's  Detective,  salary  increased  to  $1200. 

Page  502,  City  Collector's  Office. — Cashier's  salary  increasedsto  $1600. 
Assistant  Cashier's  salary  to  $1400  per  year.  Book  Keeper's  sa'lary  in- 
creased to  $1000  per  year.     Nine  Clerks'  salaries  increased  to  $1300. 

Assistant  City  Commissioner. — Richard  H.  Johns,  vice  L.  E.  Slicer. 

Superintendent  of  Streets. — L.  Kraeger,  4th  district,  vice  H.  Collins. 

Page  503,  Water    Commissioner. — Thos.  Bond,  vice  Jno.  A.  Griffith. 

Assistajit  Commissioner  of  Health. — Alfred  D.  Smyrk,  vice  A.  M. 
Duke.     R.  J.  Edwards,  clerkship  abolished. 

Physician  to  Marine  Hospital. — Dr.  Wm.  F.  Stewart,  vice  Dr.  Conrad. 

Vaccine  Ph>/sicians.— 1st  and  2d  Wards,  Dr.  M.  J.  Gately;  5th  and 
Gth,  Dr.  John  A.Connor;  9th  and  10th,  Dr.  George  B.  Reynolds; 
11th  and  12th,  Dr.  J.  E.  P.  Bouldin;  13th  and  14th,  Dr.  James  A. 
Giilis;  15th  and  10th,  Dr.  C.  S.  Johnson  ;  17th,  and  18th,  Wilson  G. 
Register;  19th  and  20th,  Dr.  Henry  J.  Houck.  In  place  of  those  jire- 
viously  ui)])()inted. 

Commissioners  of  PuMic  Schools. — 3d  Ward,  .Tames  A.  Henderson, 
vice  J.  G.  Dillehunt,  [resigned;]  7th,  Robert  H.  Sinclair,  vice  J.  T. 
McGlone;  8th,  John  Johnson,  vice  IJernard  Cassidy  ;  14th,  C.  S. 
Griffith,  jr.,  vice  C.  F.  Cloud  ;  15th,  Jno.  Ferry,  vice  dV.  A.  W.  Dodge; 
IGth,  Wm.  R.  Brewer,  vice  Joseph  McCauley;  19th,  I.  T.Stoddard, 
Vice  P.  M.  Snowden ;  20th,  B.  H.  Hobbs,  vice  Dr.  W.  C.  Chancellor. 


OFFICERS   CHAKGED.  523 

Pnrje  504,  Commmionera  for  tJie  Improvement  of  Jones  Falls. — Ordi- 
naiue  itpealed  and  offices  abolished. 

-     Bayvieo)  Amjlum.  —  Wm.  H.  Dillcnderffer,  Visiting  Physician,  vice 
Robert  n.  (Joldsmith. 

Ward  Mana^jei-s  of  the  Poor.— 1st  Ward,  Henrv  Sclirocder,  vice  J, 
Shinnick;  4th,  A.  Rosenleld,  vice  J.  R.  Andre;  5th,  Matthew  Chirk, 

vice  J.  D.  Quincy;  7th, ;   12th,  Dennis  Kirbv.   vice  II.  F.  Stick- 

ney:   Utii,  lliruni  Sjjiccr,  vice  A.D.  W  heatiey;  loth,  F.  Hassenkamp. 
vice  B   L.  Harig;  ITtli.  H.  Dickens,  vice  W.  Kinsley. 

Suprrintendents  of  Chimneij  Sweeps.— 'M  District,  Benedict  Hubbell, 
vice  Georjre  Shoemack;  6th.  Richard  Dorry,  vice  Joseph  Anker. 

P(i(/e  505.  Commissioners  of  Lafayette  Square. — William  Colton,  vice 
Dr.  H.  S.  Baldwin.  Uarkm  Square.— C.  T.  Crane  and  D.  E.  Foutz, 
vice  ^Messrs.  Riilgely  and  Murray.  Battery  Square. — Lewis  Ehlers  and 
Michael  CuUen,  vice  :Messrs.  Feig  and  Baxter.  Eastern  City  Spring. — 
AVm.  McWilliams,  vice  A.  J.  Saulsbury.  Broadway  Squares. — Isaac 
W.  Mohler,  vice  Dr.  W.  W.  White. 

Watchman  at  Court  House. — Salary  increased  to  |1000. 

Day  and  Ni'jht  Watchmen  City  f/ff//.— Salary  increased  to  .$1000  each. 

P(y'je  50(3,  Keepers  of  Squares. — Broadicay  Square. — Peter  Duffy,  vice 
David  Crotty.     FranUin  Square.— iohn  Lone,  vice  J.  R.  Hobbs'. 

La.mplighters.— Eastern  Di.'<trict.—F-* trick  lyicKinly,  vice  C.  C.  Wil- 
liams; Christian  Mohr,  vice  Samuel  E.  Griilett;  El'ias  Richtor,  vice 
Charles  Gardner.  Edward  Davis  and  Henry  Ogle,  additional  Watch- 
men. Middle  District. —  William  Hinton,  jamcs  Connaboy,  Thomas 
F.  Illick,  Benj.  Tall,  vice  John  Tighe,  Theodore  Crocken,  Wm.  Flem- 
ming  and  C.  E.  Ballauf;  also,  two  additional  Watchmen,  Andrew 
Kantz  and  Cornelius  Donahue.  Western  District.— Thomns  Tiernay 
and  Edward  Schnur,  vice  John  McDonald  and  AVm.  Minton;  and  two 
additional  watchmen,  Andrew  Stirling  and  Wm.  Gilleland.  Southern 
District. — Joseph  R ichenberger. 

Page  507,  Justices  of  the  Peace. — N.  W.  Pnliee  station.— G.  McCaffrey. 

City  Directors  in  the  Baltimore  and  Ohio  liailroad  Cov^pany. — Charles 
H.  Nicolai,  Thomas  White  and  A.  R.  May,  vice  J.  6.  Medinger,  J.  S. 
Bullock  and  Wm.  H.  Cole. 

City  Directors  in  the  Western  Maryland  Railroad  Company. — J.  M. 
Hood,  President,  and  Daniel  J.  Folev,  William  SeemuUer  and  John 
Griffith,  vice  S.  H.  Tagart  and  Decatur  H.  Miller. 

Page  508.  City  Directors  in  the  Maryland  Industrial  School  for  Girls. — 
J.  Q.  A.  Herring,  vice  IT.  M.  Drakeiy,  deceased. 

City  Managers  of  the  liny se  of  lief  uge. — E.  R.  Eschbnck,  Wm.  Rey- 
nol<!>5  and  C.  Towson,vice  D.  E.  Tliomas,  J.  Pentland  and  G.  R.  Berry. 

Fire  Commissioners. — Wm.  AVilson.  jr.,  President,  prmni-ted;  Jno.  T. 
Morris,  Tliomas  \V.  Campbell,  James  A.  Bruce  and  Samuel  Kirk. 

Superintendent  of  Police  and  Fire  Alarm  Telegraph. — C.  W.  Crum- 
backer,  vice  C.  J.  McAleese.  Operator. — Alex.  Crunimer,  vice  C.  AV. 
Crnmbacker.  Engine  No.  1,  L.  J.  Fresch,  hostler,  vice  W.  Burke, 
George  Mackenheimer.  fireman,  vice  G.  W.  Smith.  Engine  No.  4, 
James  Walsh  aiKl  J.  Jleyer,  firemen,  vice  J.  B.  Foreman  and  R.  J. 
Boyle.  Page  509,  Engine  No.  5,  W.  Disney,  tireman,  vice  Jos.  Pea- 
cock. Engine  No.  6,  W.  AV.  Watson,  fireman,  vice  C.  D.  Hiss.  En- 
gine No.  7.  W.  Stanton,  engineman,  and  P.  F.  Minaritv,  assistant  en- 
giiieman,  vice  T.  T.  Hall  and  AV.  Stanton.  Engine  No.'  8,  AV.  D.  Hoof- 
nagle,  assistant  engineman^  vice  A.  Smith,  J.  JPattersort  left  the  com- 
pany.    Engine  No.  9,  John  Reed,  hostler,  vice  R.  Weir ;  J.  T.  Hamey, 


524  OFFICERS   CHANGED. 

S.  Smith  and  W.  Jameson,  firemen,  vice  W.  H.  Rilev,  F.  Perrv  and 
J.  W.  Keed.  Engine  No.  10,  F.  Conway,  J.  J.  McCoy,  W.  Kussmaul, 
S.  Young  and  J.  Keily,  vice  Ji>hn  E.  Morse,  Frank  B.  Conway,  John 
J.  Ledden,  D.  C.  Weaver  and  Lewis  J.  Fresh. 

Hoolc  and  Ln'Wcr  No.  1,  H.  W.  Meers,  liu'eman,  promoted,  vice  AV. 
W.  Watson;  E.  Burke,  tillerman,  promoted,  vice  W.  O.  Soliers;  J. 
Ward,  J.  L.  Southcomb,  S.  Berliner  and  J.  Blunchard,  laddermen,  vice 
E.  Burke,  H.  W.  Mears,  C.  C.  Simpson  and  W.  Gorsbell.  Hook  and 
Ladder  No.  2,  J.  C.  Turner,  ladderman,  vice  F.  White. 


CHANGES  IN  UNITED  STATES  OFFICERS  IN 

MAEYLAND. 


Custom.  House. — Clerk  to  Deputy  Collector  at  Havre  de  Grace,  salary 
raised  from  $1200  to  $ir^OO.  E'ngineer  to  Public  Buildings— salary 
raised  from  $2.75  to  $3.25  per  day. 

Naval  Office. — Clerk,  James  H.Wood;  salary  $1400.  Miscellaneous, 
Chas.  H.  Shipley,  $1200.     Messenger,  James  N.  Miller,  vice  Christian. 

Surveyor's  Office. — Aid  to  Surveyor,  J.  Frank  Seiss,  vice  McNeal. 
Clerk,  J.  W.  Sliuck,  vice  Cheeseborough.  Messenger,  W.  A.  Wiliyams, 
vice  Taylor.  Special  Assistant  Measurer,  office  abolished.  Assistant 
AVeighers,  R.  J.  Hall,  H.  S.  Hunt,  E.  M.  Price,  Eugene  Post,  J.  W. 
Start,  vice  C.  Alexander,  W.  Moxley,  F.  Supplee,  J.  M.  Wheeler  and 
J.  S.  Charles. 

Inspectors.— 'W.  L.  Snyder,  James  C.  Hill,  W.  C.  Willy,  J.  D.  Brandt, 
W.  H.  H.  Krebs,  vice  A.  Billingslea,  G.  W.  Dowell,  Dr.  R.  Hosking. 

Nif/M  Inspectors. — C.  C.  Baldwin.  Levi  Pennington,  H.  G.  Parker, 
vice  M.  Carroll,  A.  G.  Cadwallader,  G.  M.  Carson,  W.  L.  Snyder. 

Messenger. — J.  Christian,  vice  Muller.    Aid  to  Revenue,  salary  $1095. 

Public  Stores. — Porter,  J.  G.  Tubman,  jr.,  vice  Gillard.  Inspector 
of  Drugs,  salarv  $1800.  Clerks,  C.  S.  Schermerhorn,  vice  F.  F.  Bausy 
and  J.  A.  Brawner,  $1400.     Foreman,  salary  $912.50,  instead  of  $1000. 

Light  Houses  and  Keepiers. — Seven  Foot  Knoll,  J.  F.  Worthington, 
assistant,  vice  Edward  Bell  and  Mrs.  Bowlny  ;  salary,  $400.  North 
Point,  office  vacant.  Cove  Point,  assistant,  Samuel  Ford,  $420. 
Craighill  Channel,  Inner  Beacon,  Robert  Williams,  vice  Nicholson; 
Oute'r  Beacon,  F.  M.  Buckley,  keeper,  vice  Wise;  and  G.  M.  Clark, 
vice  Buckley,  promoted. 

Special  Agent  of  Treasury  on  duty  at  Port  of  Bait. — G.  W.  F.  Vernon. 

Clerk,  and  Messenger. — H.  S.  C.  Green,  $1000.  Sjjecial  lusjjector  on 
duty  with  Special  Agent,  W.  W.  West,  salary  $1460. 


UNITED   STATES  TREASURY. 


IT.  8.  Assistant  Treasurer. — Peter  Negley,  salary  $5000. 

Acting  Assistant  and  Cashier. — T.  H.  H.  Leary,  $2500. 

Clerls. — Josiah  N.  Jones,  $1800;  A.  H.  Barnitz,  $1800;  W.  H. 
Protzman,  $1800  ;  L.  II.  Nice,  $1400 ;  George  R.  Page,  $1400  ;  P.  L. 
Hitesliew,  $1400  ;  Wm.  Fox,  $1200  ;  Jacob  Deems,  jr.,  $1200. 

Messenger. — Jacob  R.  Tucker,  $840. 

Vault  Watchmen. — John  Fague,  John  J.  Bragonier,  David  Crist, 
David  Grogg,  Maurice  Albaugh,  $720  each. 

Detective. — 


THE    POLTTICTAN'S     REGISTER, 


See  Constitution,  Article  I,  page  23,  entitled  ''Elective  Franchise.''^ 
REGISTRATION    OF    VOTERS. 

The  General  Laws  providing  for  the  Registration  <>1'  Voters  in  each 
County  and  Baltimore  City,  was  passed  April  ttth,  1870,  Chapter  459,  ' 
as  follows: 

Section  1,  repeals  all  previous  Acts. 

Ooternor  to  Komiimte  Ojficers  of  Regiatratim — Oath  of  Office. 

Sec.  2.  The  Governor  shall  nominate,  and  by  and  with  the  advice 
of  the  Senate,  appoint,  at  every  regular  session  of  the  Legislature  to 
be  held  hereafter,  one  person  in  each  ward  of  Baltinuu-e  city,  and  one 
person  in  each  election  district  in  every  county,  voters  in  said  wards 
and  districts  resjjectivply,  to  be  styled  Ollicers  of  Registration,  who 
shall  perform  the  duties  imposed  on  them  by  this  Article;  and  all 
such  officers,  before  entering  upon  the  discharge  of  their  duties,  shall 
take  and  subscribe,  before  the  clerk  of  some  one  of  the  courts  of  Balti- 
more city  and  the  clerk  of  the  Circuit  Court  of  the  several  counties, 
respectively,  the  oath  prescribed  in  the  6th  Section  of  the  3d  Article 
of  the  Constitution. 

Books  to  he  Delivered  to  Officers  of  Registration. 

Sec.  3.  The  clerk  of  the  Superior  Court  of  Baltimore  city,  and  the 
clerk  of  the  Circuit  Court  of  the  several  counties,  shall  deliver  to  the 
Officers  of  Registration  for  Baltimore  city  and  the  several  counties,  the 
books  of  registration  in  the  offices  of  the  said  clerks  respectively,  and 
also  duly  certified  copies  of  the  lists  of  qualified  voters  in  their  re- 
spective offices,  on  the  second  Monday  in  September,  eighteen  hun- 
dred and  seventy,  and  on  the  same  Monday  in  every  year  thereafter. 

Registration  Officers  to  Demand  Bonis,  and  Protect  Booh  and  Lists. 

Sec  4.  The  Officers  of  Registration,  as  aforesaid,  shall,  on  the  third 
Monday  in  September,  eighteen  hundred  and  seventy,  and  on  the 
same  day  and  month,  in  every  year  thereafter,  dcman<l  from  said 
clerks  of  the  said  courts  of  Baltimore  city  and  the  several  counties, 
said  books  of  registration,  and  certified  cojiies  of  the  lists  of  qnalilied 
voters,  directed  to  be  delivered  to  said  officers  by  said  clerks,  in  the 
od  Section  of  this  Article;  and  said  Officers  of  Registration  shall 
safely  keep  and  protect  said  books  and  lists  from  alteration,  mutila- 
tion and  defacement  whilst  in  their  po.ssession. 

Officers  to  Sit  to  Discharge  Duties. 
Sec  5.  For  the  purpose  of  discharging  the  duties  imposed  on 
them  by  this  Article,  said  Officers  of  Registration  shall  for  six  suc- 
cessive days  in  Baltimore  city,  and  three  successive  days  in  each  of 
the  counties  of  the  State,  commencing  on  the  third  Monday  in  Sej)- 
tember,.and  on  the  same  Monday  in  every  year  thereafter^  at  some 


2  REGISTRATION   OP  VOTERS. 

convenient  place,  to  the  voters  in  the  several  wards  of  the  city  of  Bal- 
timore, and  the  several  election  districts  of  the  counties,  sit  with 
open  doors  from  nine  o'clock,  A.  M.,  until  nine  o'clock.  P.  M.,  in  Bal- 
timore city,  and  from  nine  o'clock,  A.  M.,  until  six  o'clock,  P.  M.,  in 
the  several  counties ;  and  they  shall  give  at  least  twenty  days'  notice 
of  the  time  and  place  of  sitting,  by  publication  in  at  least  one  news- 
paper published  in  the  counties,  and  three  in  Baltimore  city,  one  of 
which  shall  be  in  German. 

To  Strike  from  List  Disqualified  Voters,  and  to  Register  Qualified 

Voters. 

Sec.  6.  At  the  time  and  place  published  by  said  Officers  of  Regis- 
tration, they  shall  proceed  to  strike  fi'om  the  list  of  qualified  voters 
the  names  of  all  persons  known,  or  made  known  to  them,  who  have 
died  or  removed  li-om  the  ward  or  election  district,  or  have  become 
disqualified  under  the  provisions  of  the  second  and  third  Sections  of 
the  first  Article  of  the  Constitution,  and  to  deliver  to  any  persons 
applying,  whose  names  appear  on  the  said  list  of  qualified  voters,  a 
certificate  of  registration,  and  to  strike  from  the  books  of  registration 
the  name  of  said  dead,  removed,  or  disqualified  persons,  and  for  what 
cause,  under  the  Constitution  and  laws  of  this  State,  as  the  case  may 
be;  and  to  register  the  name  of  every  person  who  shall  ap])ly  to  said 
officers  to  be  registered  as  a  qualified  voter  who  shall  satisfy  them  he 
possesses,  or  betore  the  day  of  election  next  ensuing,  will  jDossess  the 
requisite  qualifications  under  the  Constitution  of  the  United  States 
and  the  law  made  in  pursuance  thereof,  and  of  the  Constitution  of  the 
State  of  Maryland,  the  qualifications  of  age,  citizenship  and  residence, 
and  is  not  disqualified  under  the  provisions  of  the  second  and  third 
Sections  of  the  first  Article  of  the  Constitution;  provided  hoicever^  that 
before  registering  any  person  as  a  qualified  voter,  the  said  Officers  of 
Registration    shall    administer    to    him  the  following   oath:  "I  do 
solemnly  swear  (or  affii'm)  that  I  will  true  answer  make  to  all  ques- 
tions necessary  to  ascertain  my  qualifications,  or  disqualifications,  to 
be  registered  as  a  qualified  voter;"  provided,  that  nothing  herein  con- 
tained shall  be  construed  to  authorize  said  register  to  ask  any  ques- 
tions touching  any  cause  of  disqualification  not  expressly  enumerated 
in  the  Constitution  of  the  State  of  Maryland,  or  of  the  United  States. 
Before  Strihing  a  Name  from  List  shall  make  Inquiry,  and  hefore 
Begiatei-ing  shall  make  Inquiry. 
Sec.  7.  Said  Officers  of  Registration   shall,  before   striking  from 
said  list  of  qualified  voters  and  from  said  books  of  registration,  the 
name  of  any   registered   person,   diligently  inquire,   and   accurately 
ascertain  that  said  registered  person  does  not  possess,  and  before  the 
election  next  ensuing,  will  not  possess,  the  requisite  Constitutional 
qualifications  to  entitle  him  to  be  registered  as  a  qualified  voter,  or 
that  such  person  is  disqualified  under  the  provisions  of  the  second 
and  third  Sections  of  the  first  Article  oi   the  Constitution;  and  if  it 
shall   ajjpear  that   said   registered  person    does  not  possess,  or  will 
not  po.ssess  said  qualification,  and  that  he  is  so  disqualified,  then  said 
officers  shall  strike  the  name  of  such  person  from  said  list  of  qualified 
voters  and  said  books  of  registration;  but  if  it  shall  ap})ear  other- 
wise, then  such  olficer  shall  not  strike  the  name  of  such  jjersons  from 
said  books  of  registration  and  from  said  list  of  qualified  voters;  and 


REGISTRATION   OF   VOTERS.  3 

before  registerinj?  as  a  qualified  voter  any  person  who  has  applied  to 
said  Officers  of  Registration  to  be  registered  as  a  qualitied  voter, 
said  officer  shall  diligently  inquire  and  accurately  ascertain  that  such 
person  possesses  or  will  possess  before  the  election  next  ensuing,  the 
requisite  Constitutional  qualilications  to  entitle  him  to  be  registered 
as  a  qualified  voter,  and  that  he  is  not  disqualified  under  the  pro- 
visions of  the  second  and  third  Sections  of  the  first  Article  of  the 
Constitution;  and  if  it  shall  appear  that  said  person  so  applying 
possesses,  or  will  possess  before  said  day  of  election,  said  quali'fica^ 
tions,  and  is  not  so  disqualified,  then  said  Officers  of  Registration 
shall  register  the  name  of  such  person  as  a  qualified  voter,  but  they 
shall  not  register  the  name  of  any  ])erson  who  does  not,  or  will  not 
possess  said  qualifications,  or  is  so  disqualified. 

To  First  Recoi'd  Name  and  Administer  Oath,  d-e. 
Skc.  8.  In  registering  any  person  who  shall  apply  to  said  Officers 
of  Registration  to  be  registered,  said  officers  shalT  first  record  the 
name  of  such  person  in  the  j^roper  column  of  said  books  of  registra- 
tion ;  and  second,  administer  to  him  the  oath  as  directed  in  this  Ar- 
ticle, and  enter  in  the  column  of  said  books  whether  he  has  or  not 
been  sworn;  third,  his  age;  fourth,  the  place  of  his  birth;  fifth,  his 
residence;  sixth,  the  time  he  has  resided  in  Baltimore  city,  or  the 
county  in  which  he  applies  to  be  registered;  seventh,  if  naturalized, 
the  date  of  his  final  j^aper  or  certificate  of  naturalization,  and  the 
court,  county  and  State  where  issued;  eighth,  if  disqualified  by  non- 
age, non-residence,  alienage  or  non  compos  mentis,  or  bribery,  or  con- 
viction of  bribery,  or  larceny,  or  other  infamous  crime  as  described 
in  the  second  and  third  Sections  of  the  first  Article  of  the  Constitu- 
tion, the  cause  of  such  disqualification  ;  ninth,  the  name  of  the  quali- 
fied voter,  omitting  from  said  ninth  column  the  name  of  the  person  so 
as  above  qualilied,  and  inserting  in  lieu  thereof  the  name  of  the  wit- 
nesses by  whom  said  disqualification  was  established,  or  in  case  of 
conviction  of  bribery  or  larceny,  or  other  infamous  crime,  a  statement 
of  the  record  proof  thereof,  and  in  what  court  said  conviction  was 
had,  or  other  proof  by  which  such  disqualification  was  established. 
To  JMake  Ttco  Alphahetical  Lists  and  PxNitih  Them. 

Sec.  9.  Immediately  after  the  ex2)iration  of  the  days  in  which  said 
Officers  of  Registration  sat,  commencing  on  the  third  Monday  of  Sep- 
tember, they  shall  proceed  without  delay  to  make,  or  cause  to  be 
made,  two  alphabetical  lists,  one  of  which  lists  shall  comprise  the 
names  of  those  registered  persons  which  said  officers  have  stricken 
from  the  lists  of  qualified  voters  and  the  books  of  registration,  de- 
livered to  said  officers  by  said  clerks  of  courts ;  and  the  other  one  of 
said  lists  shall  com^jrise  the  names  of  the  persons  which  said  ofiicers 
liave  registered,  at  the  registration  just  made,  and  also  the  names  of 
those  persons  whom  the  judge  of  a  court  to  which  an  appeal  from  the 
decision  of  said  Officers  of  Registration  has  been  taken,  has  decided 
to  be  entitled  to  be  registered;  and  in  the  lists  of  Baltimore  city,  the 
residence  of  every  voter  shall  be  aflixed  opi)osite  to  his  name,  and 
said  Officers  of  Registration  shall  cause  said  lists  to  be  published  in 
two  newspapers  in  Baltimore  city,  one  of  which  shall  be  published  in 
the  German  language,  and  also  by  handbills,  posted  in  such  i)ublic 
places  as  they  may  select,  in  the  several  wards  of  Baltimore  city,  and 
the  districts  of  the  several  counties. 


4  REGISTRATION   OP   VOTERS. 

To  Sit  Certain  Days  to  Correct  Lists. 

Sec.  10.  For  the  purpose  ofcorrecting  said  book  of  registration,  and 
said  list,  as  made  and  published  by  said  OtHcers  of  Registration,  they 
shall,  ibr  three  successive  days,  in  the  city  of  Baltimore,  Baltimore 
county,  Allegany  county,  and  two  days  in  the  remaining  counties  of 
the  State,  commencing  on  the  fourth  Monday  in  October,  and  on  the 
same  day  in  every  year  thereafter,  at  some  place  in  their  respective 
wards  and  districts  convenient  to  the  voters  thereof,  sit  with  open 
do(u-s  from  9  o'clock,  A.  M.,  until  9  o'clock,  P.  M.,  in  Baltimore 
city,  and  from  9  o'clock,  A.  M.,  until  6  o'clock,  P.  M.,  in  the  coun- 
ties ;  and  they  sliall  give  at  least  ten  days'  notice  of  the  time  and  place 
of  sitting  in  said  wards  and  districts;  and  they  shall  give,  at  least, 
ten  days'  notice  of  the  time  and  place  of  their  sitting,  by  publication 
in  three  newspapers  published  in  Baltimore  city,  one  of  which  shall 
be  printed  in  the  German  language,  and  in  one  newspaper  in  each 
county  in  which  a  newspaper  is  published,  and  also  by  handbills 
posted  at  such  public  places  as  said  otlicers  shall  select  in  said  ward 
and  district. 

To  Strike  from  the  List  all  iclio  are  Not  Legal  Voters. 

Sec.  11.  At  the  time  and  place  published  by  said  Officers  of  Regis- 
tration for  correcting  said  books  of  registration  and  lists  as  published 
by  said  officers,  they  shall  proceed  to  strike  from  said  books  and  said 
lists,  names  of  all  persons  known,  or  made  known  to  them,  who  have 
died,  or  who  do  not  possess  the  requisite  constitutional  qualifications, 
or  who  will  not  possess  said  qualification  before  the  election  next  ensu- 
ing, or  who  are  disqualified  under  the  provisions  of  the  second  and 
third  Sections  of  the  first  Article  of  the  Constitution,  and  to  register 
the  name  of  evei-y  pei-son  who  shall  apply  to  them  to  be  registered, 
who  shall  shall  satisfy  said  Officers  of  Registration  that  they  possess, 
or  will  possess,  the  requisite  constitutional  qualifications  before  the 
election  next  ensuing,  and  who  are  not  disqualified  under  the  second 
and  third  Sections  of  the  first  Article  of  the  Constitution,  and  also  the 
name  of  every  person  whcmi  a  judge  of  a  court  to  which  an  appeal  has 
been  taken  Irom  the  decision  of  said  Officers  of  Registration,  has  de- 
cided to  be  entitled  to  be  registered  as  qualified  voters. 

After  Correcting  to  Make  and  Publish  Alphabetical  Lists. 

Sec.  12.  Immediately  after  the  expiration  of  the  three  days  on 
which  said  Ofiicers  of  Registration  of  Baltimore  city,  Baltimore  county 
and  Allegany  county,  and  of  the  two  days  on  which  the  said  Officers 
of  Registration,  in  the  remaining  counties  of  the  State,  sat  to  correct 
said  books  of  registration  and  said  lists,  they  shall  proceed  without 
delay  to  make,  or  cause  to  be  made,  an  alphabetical  list  of  the  names 
of  the  qualified  voters  in  their  respective  wards  and  districts,  and  the 
list  of  Baltimore  city  shall  be  arranged  according  to  precincts,  and 
the  name  of  every  voter  shall  be  placed  in  the  list  of  the  precinct  in 
which  he  resides,  and  for  the  counties,  where  districts  are  divided  into 
precincts,  otherwise  by  districts  ;  the  residence  of  each  person  shall 
be  set  opposite  his  name,  and  every  person  whose  name  appears  in  said 
corrected  lists  of  qualified  voters,  shall  be  entitled  to  vote  at  the  polls 
in  said  district,  or  precinct  oi  the  ward,  for  which  his  name  ajipears, 
at  every  election  held  thereat  until  after  another  registration  of  voters 
has  been  duly  published,  except  those  persons  who  shall  become  dis- 


REGISTRATION   OP   VOTERS.  5 

qualified  by  change  of  residence,  and  said  Officer  of  Registration  shall 
cause  to  be  puhlislied  two  aljiliabetical  lists,  one  of  which  shall  com- 
prise the  names  of  those  jier.scDi^i  stricken  from  the  books  of  registra- 
tion, and  the  other  one  of  said  lists  shall  comprise  the  names  of  the 
pen-on^  which  ^aid  officers  have  registered  lor  two  successive  weeks, 
and  said  Officers  ol  Kegistration  shall  cause  said  corrected  list  of 
quidit.ed  voters  to  be  published  for  two  successive  weeks,  before  the 
lourth  Monday  in  Octoljer.  by  handbills  posted  in  such  inibiic  places 
as  said  officers  shall  select  in  the  several  precincts  in  Baltimore  cit}*, 
and  districts  in  the  several  counties. 

Officers  to  Make  Two  Lists. 

Sec.  13.  Paid  Officers  of  Registration  shall  make,  or  cause  to  be 
made,  in  botiks  proper  ior  the  purpose,  two  fair  copies  ol  the  lists  of 
quabfied  voters,  as  made  alter  the  last  sitting  of  said  oflicers,  one 
ot  said  copies  said  officer  shall  deliver  on  or  belore  the  first  Monday 
in  November  to  the  sheriff  of  Baltimore  city,  and  to  the  sheriff  of  the 
several  counties  respectively,  one  to  the  Clerk  of  the  Superior  Court 
of  Baltimore  city,  and  to  the  Clerks  of  Circuit  Courts  of  the  several 
counties  respectively,  and  the  said  officers  shall  also  deliver  to  said 
clerks  ol  the  said  courts  the  books  of  registration. 

The  liirjht  of  Appeal. 

Sec.  14.  If  any  person  shall  deem  himself  aggrieved  by  the  refusal 
of  any  Officer  of  Registration  to  register  his  name  as  a  qualided  voter, 
by  reason  of  the  decision  of  said  officer  that  he  has  not  the  requisite 
constitutional  qualifications  of  age,  citizenship  and  residence,  or  is 
disqualified  under  the  provisions  of  the  second  and  third  Sections  of 
the  third  Article  of  the  Constitution,  or  by  the  refusal  to  register  his 
name  as  a  qualified  voter  for  any  other  cause,  or  by  the  striking 
off'  his  name  Ironi  the  list  of  qualified  voters  for  any  cause,  he  shaU 
have  the  right  to  appeal  by  petition  from  such  decision  or  action  to 
the  Judge  or  Judges  of  the  Circuit  Court  of  the  county  where  he  ap- 
plied fur  registration,  or  to  a  Judge  of  the  Supreme  Bench  of  Balti- 
more city,  in  case  the  person  applied  lor  registration  in  Baltimore 
city,  and  if  said  judge  or  judges  shall  determine  that  the  party  so  ap- 
pealing is  entitled  to  be  registered,  or  to  be  restored  to  the  list  as  a 
qualified  voter,  he  shall  so  certify  to  the  Officer  of  Registration  from 
whose  decision  the  appeal  was  taken,  and  the  said  officer  shall  there- 
upon register  the  said  person  as  a  qualified  voter,  and  in  that  case  the 
cost  of  said  appeal  shall  be  paid  by  the  Mayor  and  City  Council  of 
Baltimore,  or  the  County  Commissioners  of  the  county  in  which  the 
api^eal  was  taken. 

To  Exercise  Powers  of  a  Justice  of  tlie  Peace  without  Fee. 
Sec.  15.  Whilst  discharging  the  duties  imposed  by  the  several  Sec- 
tions of  this  Article,  said  Ollicers  of  Registration  shall  have  and  exer- 
cise the  powers  of  a  justice  of  the  peace  ibr  the  preservation  of  order 
around  the  place  of  registration,  may  compel  the  presence  of  witnesses 
for  the  purpose  of  obtaining  any  information  necessary  to  an  intelli- 
gent discharge  of  the  duties  ol  their  office  ;  they  shall  have  power  to 
issi'e  summonses,  attachments  and  commitments  to  any  sheriff  or  con- 
stable, who  shall  serve  such  process  as  if  issued  by  a  judge  of  a  court 
or  u  justice  of  the  peace,  and  shall  receive  the  same  fees,  and  iu  the 


6  REGISTRATION   OP   VOTERS. 

same  manner,  as  are  allowed  by  law  in  State  cases,  but  the  Officers  of 
Registration  shall  not  charge  any  fee  for  the  issuing  of  such  process, 
or  receive  any  fees  or  emolumeut.s  for  this  or  any  other  service  they 
may  perJiu-m  in  tlie  jjroper  discharge  of  their  duties,  except  that  pro- 
vided in  this  Article. 

Police  Commissioners  shall  Preserve  Order. 

Sec.  16.  The  Board  of  Police  Commissioners  for  Baltimore  city 
shall  detail  police  officers  sufficient  to  preserve  order  at  the  jjlaces 
where  said  Officers  of  Registration  for  Baltimore  city  are  discharging 
the  duties  of  their  office. 

Clerks  of  Courts  shall  Issue  Certificates—  Proviso — Pesidence  Not 
Changed  until  Six  Months  after  Removal. 

Sec.  17.  Said  Clerks  of  Courts  shall  issue,  under  seal,  to  any  person 
ap])lying  to  them  whose  name  appears  on  the  list  of  qualified  voters 
in  their  offices,  respectively,  a  certiticate  that  said  applicant  is  a  reg- 
istered qualified  voter,  which  certificate  shall,  upon  presentation  to 
the  judges  of  election,  entitle  the  holder  to  vote  at  the  precinct  or  dis- 
trict at  which  he  f>flc'rs  to  vote  ;  provided.,  that  he  has  satisfied  said 
judges  that  he  is  the  person  named  in  said  certificate,  and  he  has  ac- 
quired the  residence  necessary  to  entitle  him  to  vote  at  said  precinct 
or  district,  and  that  he  has  delivered  to  said  judges  said  c'.'ancate,  to 
be  filed  with  the  lists  of  voters  or  books  of  registration  for  said  ward 
or  district ;  and  provided,  furtJier,  that  no  registration  of  voters  has  oc- 
curred in  said  ward  or  district,  since  the  holder  of  said  certificate  has 
obtained  a  residence  therein:  and  said  clerk  shall  record  the  name  of 
every  person  to  whom  such  a  certificate  has  been  issued,  and  delivered 
to  the  Officers  of  Registration  at  the  ensuing  sitting  of  said  officers  a 
certified  copy  of  said  names,  so  that  thereby  said  officers  may 
be  informed  that  sucli  joerson  intended  to  change  his  residence,  but 
residence  shall  not  be  considered  as  changed  until  six  montlis  after 
actual  removal  from  the  city,  county,  legislative,  congressional  or 
other  electoral  districts  in  which  a  vote  has  been  registered. 

Shall  Receive  and  File  Lists — Not  Alte);  Mutilate  or  Destroy  Lists. 

Sec.  18.  Said  Clerks  shall  receive  said  copies  of  lists  of  qualified 
voters,  and  file  the  same  in  their  office  as  other  papers  are  filed,  and 
said  Clerks  shall  receive  and  i:)reserve  the  books  of  registration,  and 
said  Clerks  in  the  city  of  Baltimore  shall  record  said  lists,  and  said 
Clerks  shall  permit  examination  of  the  lists  of  voters  and  books  of 
I'egistration  in  their  custody,  and  in  their  presence  or  in  the  presence 
of  their  dejjuties,  and  they  shall  not  alter,  mutilate  or  deface,  or  suflfer 
others  to  alter,  mutilate  or  deface  the  said  lists  of  voters  or  books  of 
registration,  excejit  as  herein  provided  for ;  and  said  Clerks,  w^hen 
notified  by  the  sherifl'that  any  one  or  more  of  the  list  of  voters  com- 
mitted, to  his  custody  are  missing,  shall  proceed  without  delay,  to 
make,  or  cause  to  be  made,  a  fair  and  accurate  copy  or  cojiies  of  said 
list  or  lists,  and  deliver  the  same  to  said  sheriflf  at  least  twelve  hours 
before  the  opening  of  the  polls  at  the  election  next  ensuing. 

Sheriffs  shall  Safely  Keep  Copies  of  Li.<<ts— Sheriffs  shall  Deliver 
Lists  to  Judges  of  Election. 

Sec.  19.  The  Sheriff  of  Baltimore  city  and  the  Sheriffs  of  the  sev- 
eral counties,  respectively,  shall  receive  and  safely  keep  saiil  copies  of 
lists  of  qualified  voters,  delivered  to  him  by  the  Officers  of  Registra- 


REGISTRATION   OF   VOTERS.  7 

tion,  and  shall  on  the  second  day  prior  to  each  and  every  election, 
ascertain  whether  he  lias  in  his  possession  ail  the  copies  of  said  lists 
comn)itted  to  his  custody,  and  if  it  sliall  appear  tliat  one  or  more  of 
said  lists  are  not  in  his  possession,  he  shall,  without  delay,  serve  a 
written  notilication,  accurately  describingthemissin^  list, on  the  Clerk 
of  the  court,  that  said  list  or  lists  are  not  in  the  possession  of  said  Sheriff, 
and  said  Sheriff  shall  receive  a  copy  of  said  missing  list  or  lists,  when 
tendered  to  him  by  said  clerk  ;  and  said  Sheriff  shall  deliver,  or  cause 
to  be  delivered,  on  the  day  of  each  and  every  election,  at  the  polls,  at 
or  before  the  time  of  opening  said  polls,  to  the  jiidges  of  election 
thereat,  the  copy  of  the  list  of  qualified  voters  pertaining  to  the  elec- 
tion precinct  or  district  over  which  said  judges  are  to  preside. 

Judges  of  Election  shall  deceive  and  Preserve  Lists. 

Sec.  20.  The  Judges  of  Election  shall  receive  from  the  Sheriffs  the 
lists  of  qualilied  voters  pertaining  to  their  respective  precincts  or 
districts,  and  preserve  the  same,  without  alteration,  mutihition  or 
defacement,  whilst  in  their  possession,  and  shall,  within  three  days 
after  the  close  of  the  polls,  return  to  said  sheriff  the  said  list  of  quali- 
fied voters;  and  the  said  Judges  of  Election  shall  not  receive  or  de- 
posit in  the  ballot  box  the  ballot  of  any  person  offering  to  vote,  until 
they  shall  have  found  his  name  on  the  list  of  qualitied  voters,  and 
shall  be  satisfied  the  person  so  offering  to  vote  is  the  person  named 
on  said  list,  and  have  checked  it  thereon,  except  such  persons  as  shall 
present  a  certificate  of  registration,  as  herein  provided  ;  and  they  shall 
receive  and  deposit  in  the  ballot  box  the  ballot  of  every  person  offer- 
ing to  vote  whose  name  appears  on  said  list  of  qualitied  Toters,  and 
of  every  person  who  presents  to  said  Judges  a  certificate  of  registra 
tion,  as  provided  in  this  Article. 

Compensation — Exj)enses — By  whom-  Paid.. 

Sec.  21.  Said  Officers  of  Registration  shall  receive  four  dollars  per 
day  for  each  day  necessarily  employed  in  the  discharge  of  the  duties 
imposed  on  them  by  this  Article;  said  clerks  of  courts  of  Baltimore 
city  shall  receive  one  cent  for  every  ten  words  or  figures,  and  pro  rata 
for  recording  lists  of  qualitied  voters,  and  for  making  certified  copies 
of  said  lists;  the  clerks  of  courts  in  the  several  counties  and  the  city 
of  Baltimore  shall  receive  twenty-five  cents  for  every  certificate  of 
registration  issued  by  them  under  the  seal  of  their  respective  offices; 
and  said  Sheritt'  of  the  several  counties  shall  receive  one  dollar;  and 
the  Sherifi"  of  Baltimore  city  shall  receive  for  every  list  of  qualitied 
voters  delivered  by  them  to  the  Judges  of  Election,  to  be  ])aid  to  sjiid 
Officers  of  Registration,  Clerks  of  courts  and  Sheritls  lor  Baltimore 
city,  by  the  Mayor  and  City  Council  of  Baltimore  and  to  said  officers 
for  the  several  counties,  by  the  County  Commissionors  thereof  re- 
spectively ;  and  the  necessary  expenses  incurred  by  said  Officers  of 
Registration  for  books,  stationery,  fuel,  office  rent,  and  for  publica- 
tion of  notices  and  lists  of  voters  for  Baltimore  city,  shall  be  \n\\d  by 
the  Mayor  and  City  Council  of  Baltimore,  and  like  necessary  ex- 
penses incurred  for  the  several  counties  shall  be  paid  by  the  County 
Commissioners  thereof  respectively ;  the  accounts  of  said  Officers  of 
Registration  to  be  verified  by  vouchers,  and  subject  to  the  approval 
of  said  Mayor  and  City  Council  and  said  County  Commissioners  re- 
spectively. 
34 


8  STATE   ELECTION    LAWS. 

Neglect  of  Duty — How  Punished. 
Sec.  22.  If  any  Officer  of  Registration,  or  clerk  of  a  court,  or  Sheriff, 
or  Judges  of  Election,  or  Police  Commissioner,  shall  knowingly  refuse 
or  neglect  to  comply  with  any  of  the  provisions  of  the  several  sections 
of  this  Article,  imposing  duties  on  him,  he  shall  be  deemed  guilty  of 
a  misdemeanor,  and  shall  on  presentment  and  indictment  therefor, 
and  conviction  thereof,  forfeit  and  pay  a  fine  of  not  less  than  five  hun- 
dred nor  more  than  one  thousand  dollars  for  every  such  offence,  or  be 
imprisoned,  in  the  discretion  of  the  court,  for  a  time  not  exceeding 
three  years,  or  both,  and  shall  also  be  liable  in  damages,  at  the  suit  of 
the  party  aggrieved. 


THE    STATE    ELECTION    LAWS. 

Constitution,  Article  XV,  Section  7. 

General  Elections  to  ie  held  in  November. 

Sec.  7.  All  general  elections  in  this  State  shall  be  held  on  the  Tues- 
day next  after  the  first  Monday  in  the  month  of  November,  in  the  year 
in  "which  they  shall  occur;  and  the  first  election  of  all  officers,  who, 
under  this  Constitution,  are  required  to  be  elected  by  the  people, 
shall,  except  in  cases  herein  specially  provided  for,  be  held  on  the  Tues- 
day next  after  the  first  Monday  in  November,  1867. 


THE    ELECTION    LAWS. 

Article  35  of  the  Public  General  Laws,  relating  to  Elections,  is  as 
follows: 

Commissioners  to  Appoint  three  Judges  of  Election. 

Sec.  1*.  The  county  commissioners  in  each  county,  shall  annually 
api^oint  three  persons  for  each  election  district  of  the  county,  residents 
of  such  district,  who,  or  a  majority,  or  any  one  of  whom  in  case  of  the 
non-attendance  of  the  other  two,  shall  be  judges  of  the  election  for 
such  district,  from  the  time  of  their  appointment  until  a  new  ai)point- 
ment. 

County  Commissioners  to  fill  Vacancy  from  Disquolif cation. 

Sec.  2*.  If  any  of  said  Judges  shall  die,  resign  or  remove  out  of  the 
district  or  become  otherwise,  in  the  opinion  of  the  county  commission- 
ers, disqualified  to  act  as  Judge,  the  county  commissioners  shall,  at 
any  meeting  thereafter,  appoint  a  person  as  Judge  in  his  place. 

Duties  of  the  Clerh. 

Sec.  3*.  The  Clerk  of  the  county  commissioners,  shall  record  every 
appointment  so  made,  and  make  out  a  warrant  therefor,  and  shall 
within  five  days  thereafter  deliver  every  such  warrant  to  the  sheriff  of 
the  county  under  the  penalty  of  fifty  dollars. 

Sheriff  to  Deliver  Warrants. 

Sec.  4*.  The  Sheriff,  within  ten  days  after  receiving  any  such  war- 
rant, shall  deliver  the  same  to  the  person  appointed,  or  leave  the  same 
at  his  place  of  abode,  under  the  penalty  of  fifty  dollars. 


STATE   ELECTION   LAWS.  V 

Judge  to  Forfeit  ^50  for  Neglect. 

Sec.  5*.  Any  Judge  so  appointed  who  shall  not  attend  at  the  time 
appointed  for  holding  any  election  in  his  district  shall  forfeit  fifty 
dollars  for  every  such  neglect,  unless  prevented  by  sickness  or  other 
sufficient  cause,  in  the  opinion  of  the  court  and  jury  before  whom  he 
shall  be  tried. 

When  Justices  of  the  Peace  may  Hold  Election. 

Sec.  6.  At  any  election,  State,  Federal  or  Municipal,  to  be  hereafter 
held  in  this  State,  if  none  of  the  Judjies  of  Election  appointed  by 
law  shall  attend  at  the  place  of  election,  for  the  space  of  one  hour 
after  the  time  prescribed  by  law  for  opening  the  election,  it  shall  be 
lawful  for  the  justices  of  the  peace  of  such  county  or  city,  tlieii  pre- 
sent at  the  place  of  election,  or  a  majority  of  them,  or  for  one  justice 
of  the  peace,  in  the  event  of  one  being  present,  to  act  as  Judges  or 
Judge  of  Election;  or,  if  no  justice  of  the  peace  be  present,  it  shall  be 
lawful  for  the  voters  then  present,  or  a  majority  of  them,  to  choose 
by  ballot,  three  persons,  being  voters,  to  be  judges  of  said  election, 
and  the  said  justices  or  justice  of  the  peace,  or  persons  chosen  by 
ballot  as  aforesaid,  to  be  Judges  of  Election,  and  who  shall  act  in  that 
capacity  for  that  election,  shall  be  vested  with  the  same  powers  and 
authority  as  if  they  had  been  appointed  by  the  County  Commissioners 
or  other  lawfully  authorized  power. — 1867,  ch.  374. 

Judges  are  Conservators  of  the  Peace. 

Sec.  7.  The  said  Judges  shall  be  conservators  of  the  peace  during 
the  continuance  of  the  election  and  until  the  ballots  shall  be  counted, 
and  the  necessary  certificates  required  by  this  article  shall  be  made 
out  by  the  Judges  and  Clerks,  and  shall  be  vested  with  the  power  and 
authority  to  commit  offenders  for  any  breach  of  the  jjeace  in  the  like 
manner  as  any  justice  of  the  peace. 

Judges  to  Appoint  Two  Clerics. 

Sec.  8.  The  said  Judges  shall  appoint  two  Clerks,  being  above  the 
age  of  twenty-one  years,  to  enter  the  names  of  voters,  separately  and 
plainly  on  the  books  provided  for  that  i>urpose  ;  and  il"  any  clerk  so 
appointed  shall  neglect  or  refuse  to  act,  he  shall  forfeit  and  pay  the 
sum  of  ten  dollars. 

Oath  to  l>e  Taken. 

Sec.  9.  Every  Judge  of  Election,  at  every  election  to  be  hereafter 
held  in  pursuance  of  law,  before  he  proceeds  to  take  or  receive  any 
vote,  shall  take  the  following  Oath  or  Affirmation  :  "I,  A.  B.,  do  swear 
(or  affirm)  that  I  will  permit  all  persons  to  vote  who  shall  offer  to 

vote  at  the  election  now  to  be  held  for county,  or city, 

whose  names  shall  appear  on  the  registry  or  list  of  voters  furnished 
to  me  according  to  law,  as  qualified  voters  under  the  Constitution 
and  laws  of  this  State,  and  that  I  will  not  permit  any  person  to  vote 
at  the  same  election  whose  name  shall  not  be  found  upon  the  said 
registry  or  list  of  qualified  voters;  and  I  will  in  all  things  execute  the 
office  of  Judge  of  the  said  election,  according  to  the  best  of  my  know- 
ledge, without  favor  or  partiality,  so  help  me  God." — 1807,  ch.  374. 

ClerFs  Oath. 

Sec.  10.  Every  Clerk,  before  he  enters  any  vote  on  the  polls,  shall 
take  the  following  Oath,  to  wit:  "I,  A.  B.,  do  swear  that  I  will  well 


10  STATE   ELECTION   LAWS. 

and  faithfully,  without  favor,  aflection  or  partiality,  execute  the  office 
of  Clerk  of  the  election  now  to  be  held,  according  to  the  best  of  my 
knowledge,  so  help  me  God." 

Who  May  Administer  Oaths. 
Sec.  11.  The  seyeral  Judges  may  administer  the  said  oath  to  each 
other,  or  take  the  same  before  a  justice  of  the  peace,  and  the  Clerks 
may  either  be  sworn  by  one  of  the  Judges  or  before  a  justice  of  the 
peace,  and  a  certificate  of  every  such  oath,  signed  by  the  person  ad- 
ministering the  same  respectively,  shall  be  annexed  to  the  polls. 

Sheriffs  to  Give  Notice  of  Elections. 
Sec.  12.  The  Sheriffs  of  the  several  counties,  under  the  penalty  of 
fifty  dollars,  shall,  at  least  three  weeks  previous  to  every  election  re- 
quired by  law  to  be  held,  cause  public  notice  to  be  given  within  the 
respective  counties,  by  advertisement  set  up  at  the  most  public  places 
within  each  election  district  of  the  county,  and  also  by  advertise- 
ment in  two  newspapers  of  general  circulation  in  the  county,  of  the 
time  and  j^lace  of  holding  the  several  elections:  but  if  for  any  cause 
said  notice  shall  fail  to  be  given,  said  failure  shall  not  aflect  the  va- 
lidity of  any  election,  but  it  shall  be  the  duty  of  the  Judges  of  Elec- 
tion to  hold  the  election  in  their  several  election  districts,  at  the  time 
prescribed  by  law,  and  at  the  usual  places  of  holding  elections  in  the 
several  election  districts,  or  at  the  place  in  the  several  election  dis- 
tricts where  the  last  preceding  election  was  held,  under  the  penalty  of 
live  hundred  dollars  for  each  Judge  refusing  or  neglecting  to  hold 
such  election.  This  section  not  to  aj^ply  to  the  city  of  Baltimore. — 
1867,  ch.  374. 

Sheriff  to  Provide  Ballot  Boxes. 

Sec.  13*.  The  Sheriff'  shall,  under  the  penalty  of  five  hundred  dol- 
lars, provide  or  cause  to  be  provided  and  delivered  to  the  Judges  of 
Election  in  each  district,  previous  to  or  at  the  commencement  of  each 
election,  a  box  for  receiving  the  ballots,  and  two  separate  books  for 
the  purpose  of  entering  the  voters'  names. 

The  Hours  of  Election. 

Sec.  14.  All  elections  shall  commence  at  nine  o'clock  in  the  morn- 
ing of  the  respective  days  of  election,  and  shall  continue  without 
adjournment  and  be  closed  at  six  o'clock  in  the  evening  of  the  same 
day,  !ind  no  ballot  shall  be  taken  before  the  said  hour  of  nine  o'clock 
in  the  morning,  nor  after  the  said  hour  of  six  o'clock  in  the  evening. 
This  section  not  to  apply  to  the  city  of  Baltimore. 

How   Votes  Shall  ie  Offered. 

Sec.  15*.  Every  voter  shall  deliver  to  the  Judge  or  Judges  of  the 
Election  in  the  district  or  precinct  in  which  he  offers  to  vote,  a  ballot, 
in  which  shall  be  written  or  printed  the  name  or  names  ol'  the  person 
or  persons  voted  for,  and  the  purpose  for  which  the  vote  is  given 
plainly  designated,  and  the  ballot  so  delivered  in  and  received  by  the 
Judge  or  Judges  of  Election,  shall  be  deposited  in  the  ballot  box 
until  the  poll  be  closed. 

Penalt'j  for   Unfolding  a  Ballot. 

Sec.  16.  If  any  Judge  of  an  election  or  other  person,  after  a  ballot 
shall  be  delivered  in  and  before  the  i^oll  is  closed,  shall  unfold  or 


STATE   ELECTION   LAWS.  11 

open  any  such  ballot  with   design  to  discover  the  name  or  names 
therein  contained,  he  shall  forfeit  and  pay  the  sum  of  fifty  dollars. 

Penalty  for  Offering  Mc/re   Than  One  Ballot. 

Sec.  17*.  If  any  voter  shall  offer  any  more  than  one  ballot  with  a 
fraudulent  design,  he  shall  forfeit  and  pay  the  sum  of  twenty  dollars 
for  every  such  offence:  This  section  not  to  apply  to  the  city  of  Balti- 
more, where  a  different  penalty  is  prescribed  by  the  local  law. 
Penalty  for  Offering  to  Vote  Twice. 

Sec.  18*.  If  any  person  at  any  election  having  voted  once,  shall 
offer  to  vote  again  in  the  same  district  or  county,  he  shall  be  subject 
to  a  penalty  of  ten  dollars  for  such  offence.  This  not  to  apply  to  the 
city  of  Baltimore. 

Penalty  for   Voting  Twice. 

Sec.  19.  If  any  person  shall  vote  twice  at  one  election,  he  shall  be 
liable  to  presentment  in  the  Circuit  Court  for  the  county  in  which  he 
may  reside,  and  may  be  fined  not  exceeding  forty  dollars,  and  im- 
prisoned not  exceeding  one  month,  in  the  discretion  of  the  court. 
This  section  not  to  ajjply  to  the  city  of  Baltimore,  where  a  different 
penalty  is  prescribed  by  the  local  law. 

Penalties  for  Illegal  Voting  in  Baltimore  City. 
Sec.  20*.  If  any  person  shall  remove  into  any  election  precinct  in 
the  city  of  Baltimore,  not  for  the  purpose  of  acquiring  a  bona  fide 
residence  therein,  but  for  the  purpose  of  voting  therein  at  an  ap- 
proaching election,  or  shall  vote,  or  offer  to  vote,"in  any  election  dis- 
trict or  precinct  in  which  he  does  not  reside,  (except  in  the  case  pro- 
vided for  in  the  first  Article  of  the  Constituticm,)  or  shall  at  the  same 
election  vote  in  more  than  one  election  district  or  precinct,  or  shall 
vote  or  offer  to  vote  in  any  name  not  his  own,  or  in  the  place  of  any 
other  person  of  the  same  name,  or  shall  vote  in  any  county  or  city  in 
which  he  does  not  reside,  such  person,  if  the  oftence  be  committed  in 
a  county,  shall  be  punished  by  fine  not  less  than  ten  nor  exceeding 
one  hundred  dollars,  and  by  imprisonment  in  the  county  jail  for 
thirty  days,  and  if  the  offence  be  committed  in  the  city  of  Baltimore, 
he  shall  be  punished  as  prescribed  by  the  local  law  of  Baltimore  city. 

Judges  may  Administer  an  Oath  in  Inquiries. 

Sec.  21.  The  Judges  of  Election  may  administer  an  oath  in  any  in- 
quiry they  may  deem  necessary  to  be  made  touching  the  right  of  any 
person  offering  to  vote,  and  if  any  person  shall  swear  falsely  in  rela- 
tion thereto,  he  shall,  upon  conviction  thereof,  suffer  the  pains  and. 
penalties  of  perjury. 

To  give  Information  of  Violations  of  Laws. 
Sec.  22.  It  shall  be  the  special  duty  of  the  Judges  of  Election  to 
give  information  to  the  respective  state's  attorneys,  of  all  infractions 
of  this  article  when  discovered  by  them,  under  the  penalty  of  twenty 
dollars  for  neglect  in  each  case. 

Penalties  foi'  Hindering  an  Election. 
Sec.  23.  If  any  candidate,  or  other  ])erson  or  persons,  shall  practice 
force  and  violence,  with  intent  to  mtluence  unduly,  or  to  overawe,  in- 
lercept  or  hinder  any  election,  he  shall,  on  conviction  thereof  in  any 


12  STATE   ELECTION   LAWS. 

court  of  criminal  jurisdiction  in  the  county  where  the  offence  was 
committed,  sufler  such  fine,  not  exceeding  two  hundred  and  fifty  dol- 
lars, and  such  imprisonment,  not  exceeding  fifty  days,  as  the  court 
siiall  adjudge.  This  section  not  to  apply  to  the  city  of  Baltimore 
where  a  difierent  penalty  is  prescribed  by  the  local  law  of  said  city. 

No  Troops  to  he  within  View  of  tlie  Polls. 
Sec.  24*.  No  commissioned  or  non-commissioned  officer  having  the 
command  of  any  soldier  or  soldiers  quartered  or  posted  in  any  district 
of  any  county  in  this  State,  shall  muster  or  embody  any  of  the  said 
troops,  or  march  any  recruiting  party  within  the  view  of  any  place  of 
election  during  the  time  of  holding  said  election,  under  the  penalty 
of  one  hundred  dollars.  This  section  not  to  apply  to  the  city  of 
Baltimore. 

How  the  Votes  shall  he  Counted. 

Sec.  25.  When  the  poll  shall  be  closed,  the  box  wherein  the  ballots 
are  deposited  shall  immediately  thereafter  be  opened  by  the  Judge  or 
Judges  of  the  election,  and  the  said  Judge  or  Judges  shall  publicly, 
in  the  presence  of  such  persons  as  may  choose  to  attend,  carefullj'' 
take  out  the  said  ballots,  and  read  distinctly  and  aloud  the  name  oi 
names  written  or  printed  thereon  respectively,  and  the  Clerks  of  said 
electif)n  shall  carefully  enter  and  keep  an  account  of  the  same  oq  the 
books  of  the  polls,  so  that  the  number  of  votes  for  each  candidate  tal- 
lied thereon  may  be  readily  cast  up  and  known. 

All  Duplicate  Ballots  Rejected. 
Sec.  26.  If  upon  opening  any  of  the  said  ballots,  there  be  found  any 
more  names  written  or  printed  on  any  of  them  than  there  ought  to  be, 
or  if  any  two  or  more  of  such  ballots  or  papers  be  deceitfully  folded 
together,  or  if  the  purpose  for  which  the  vote  is  given  is  not  plainly 
designated  thereon,  such  ballot  shall  be  rejected  and  not  counted. 

Two  Statements  of  the  Votes  Attested  hy  Clerks. 

Sec  27.  As  soon  as  the  ballots  shall  be  read  off  and  counted,  and 
the  number  for  each  candidate  reckoned  up  and  ascertained,  the  Judge 
or  Judges  of  election  shall  make  out,  under  his  or  their  hands,  attested 
by  the  Clerks  of  the  election,  or  cme  of  them,  on  the  books  of  the  polls, 
two  jilain,  fair  and  distinct  statements  and  certificates  of  the  number 
of  votes  which  shall  have  been  then  and  there  given  for  each  candi- 
date, distinguishing  the  station  or  ofhce  for  which  he  has  been  voted. 

Form  of  Certificate  of  Judges. 

Sec.  28*.  The  said  numbers  shall  be  expressed  in  words  at  length, 
and  not  in  figures  only,  according  to  the  following  form,  or  to  the  like 
efiect,  to  wit:  "State  of  Maryland County,  to  wit:  We  the  un- 
dersigned, duly  appointed  by  the  county  commissioners  of  said  county, 
or  by  a  justice  of  the  peace  or  the  voters  (as  the  case  may  be)  in  due 

form  of  law,  Judge  or  Judges  of  election  in  this  district,  No. ,  do 

hereby  certify  and  return  that  we  did  attend  on  the of , 

at ,  the  place  appointed  by  law  for  holding  the  elections 


within  said  district,  and  did  then  and  there  appoint and 

Clerks  of  the  election,  who  severally  ([ualifuHl  as  directed  by  law:  We 
lurthei-  certify,  that  we  did  then  and  there,  before  a  justice  of  the  peace 
of  said  county,  (or  before  each  other,)  qualify  as  Judge  or  Judges  of  the 


STATE    ELECTION    LAWS.  13 

election,  as  by  law  directed,  and  did  then  and  there,  at  the  hour  of  9 

o'clock  in  the  niorninif,  o])en  tlie  polls  lor  an  election  for ,  that 

we  continued  the  jiolls  open  until  0  o'clock  in  the  evening  of  the  same 
day,  when  they  were  closed,  the  bullot  box  opened  and  the  ballots 

publicly  counted,  when  it  appeared  that had votes  as 

.     Given  under  our  hands  at  the  place  of  said  election,  this 

day  oi , .     Attested  by ,  Clerk."     And  the 

certificate  or  return  of  the  Judges  of  Election  in  the  city  of  Baltimore 
shall  be  in  like  form  or  to  the  like  effect,  with  such  variation  therein 
as  may  be  required  by  the  local  laws  of  the  city  of  Baltimore. 

The  Presiding  Judges  to  Meet,  with  the  Poll  Books. 
Sec.  29.  The  presiding  Judges  of  Election,  or  in  case  of  inability 
to  attend  either  of  the  other  Judges,  shall,  within  ten  days  after  each 
election,  or  as  soon  as  they  shall  be  notified  that  the  returns  of  the 
soldiers'  vote  has  been  received,  shall,  under  the  penalty  of  five  hun- 
dred dollars,  meet  at  the  usual  place  of  holding  the  Circuit  Court  of 
each  county,  or  at  the  usual  place  of  holding  the  Superior  Court  of 
Baltimore  city,  in  the  city  of  Baltimore,  with  the  books  of  the  polls 
and  the  certificate  aforesaid. — 1865,  eh.  143. 

Certificates  of  the   Votes  Cast— How  Delivered. 

Sec.  30.  The  said  Judges  so  assembled  shall  cast  up  the  whole  vote 
of  all  the  districts  or  precincts,  and  shall  make  out  two  plain,  fair 
and  distinct  statements  and  certificates  of  the  number  of  votes  which 
shall  have  been  given  for  each  candidate,  for  each  of  the  officers  voted 
for  at  said  election,  one  of  which  certificates  shall  be  delivered  to  the 
clerk  of  the  court  to  which  they  are  directed  to  make  their  returns, 
and  the  other,  except  in  elections  for  Governor  and  State's  At- 
torneys, shall  be  transmitted  by  mail  to  the  Governor,  and  in  case  of 
elections  for  Governor  and  State's  Attorneys,  the  said  statements  and 
certificates  instead  of  being  transmitted  to  the  Governor,  shall,  in  case 
of  Governor,  be  transmitted  to  the  Secretary  of  State,  and  in  the  case 
of  State's  Attorneys  shall  be  transmitted  to  the  judge  of  the  court 
Iiaving  criminal  jurisdiction  in  the  circuit  in  which  State's  Attorneys 
are  respectively  elected;  and  from  the  returns  so  made,  the  Governor 
shall  issue  commissions  to  the  different  persons  elected,  as  provided 
in  the  fourteenth  Section  of  the  fourth  Article  of  the  Constitution 
of  this  State.— 1865,  eh.  143. 

Foi'^m  of  Cei'tificates. 

Sec.  31.  The  said  Certificates  for  all  officers  elected  by  the  voters 
of  a  single  county  or  city,  except  sherifl",  shall  be  in  the  following 

form  or  to  the  like  effect,  to  wit:  "To .     Whereas,  an  election 

for was  held  on  the  first  Wednesday  of  November  in  the  year 

,  in  the  district  (or  precinct)  in  the  said  county  or  city  distin- 
guished by  number  one,  &c.,  conformably  to  the  Constitution  and 
laws  of  this  State ;  and  whereas,  we,  the  subscribers,  attending  Judges 
at  the  close  of  the  election  in  said  districts,  (or  precincts,)  having  this 
day  assembled  at  the  usual  place  of  the  sitting  of  the  Circuit  Court  for 
said  county  (or  at  the  usual  place  of  the  sitting  of  the  Superior  Court 
of  Baltimore  city,)  with  the  books  of  the  polls,  on  which  are  endorsed 
the  several  certificates  agreeably  to  law,  and  having  cast  up  the  whole 
number  of  votes  given  in  said  districts  (or  precincts)  according  to 


14  STATE   ELECTION   LAWS. 

the  certificates  made  out  on  the  day  of  election  by  the  Judges,  it  ap- 
pears that has  the  greatest  number  of  legal  votes  for , 

whereupon  we  do  determine,  declare,  and  return,  that  the  said 

is  duly  elected.     Given  under  our  hands  this day  of  Novem- 
ber, in  the  year ;  and  for  Sherifl's  the  certificate  shall  be  in  the 

same  form,  except  that  they  shall  certify  that  " had ballots 

and  had ballots,  and  that and had  a 

majority  of  the  legal  ballots  of  the  candidates  properly  qualified." 

How  Certificates  Shall  he  Directed. 

Sec.  32.  The  said  Certificates  for  all  ofl[icers  provided  for  by  the 
Constitution,  except  in  the  case  of  Governor  and  State's  Attorneys, 
shall  be  directed  to  the  Governor;  for  the  Governor  they  shall  be  ad- 
dressed to  the  Speaker  of  the  House  of  Delegates,  and  enclosed  to 
the  Secretary  of  State ;  for  State's  Attorney  they  shall  be  addressed 
to  the  Judge  of  the  court  having  criminal  jurisdiction  in  the  county 
or  city.— 1865,  ch.  143. 

Certificates  for  Bepresentatives  in  Congress. 
Sec.  33.  The  said  Certificates  for  Representatives  in  Congress  shall 
be  in  the  following  form:  "To  his  Excellency,  the  Governor  of  Mary- 
land, we,  the  subscribers,  Judges  at  the  close  of  an  election  held  on 

the day  of in  the  election  districts  or  wards  of 

county,  distinguished  by  number  one,  &c.,  for  the  purpose  of  choosing 

a  representative  for  the •  district  of  this  State,  to  serve  in  the 

Congress  of  the  United  States,  having  this  day  assembled  at  the  usual 
place  of  the  sitting  of  the  Circuit  Court  of  said  county,  (or  at  the 
usual  place  of  the  sitting  of  the  Sujjerior  Court  in  the  city  of  Balti- 
more.) with  the  books  of  the  polls,  on  which  are  endorsed  the  several 
certificates,  agreeably  to  law,  and  having  cast  up  the  whole  number 
of  votes  given  in  the  said  districts  or  wards,  according  to  the  respec- 
tive certificates  made  out  by  the  Judges,  do  return  that had 

votes,  and had votes.     Given  under  our  hands 

this day  of ." 

Certificate  of  Oovernor's  Election — How  Addressed-. 
Sec.  34.  The  form  of  certificate  given  in  the  preceding  section  shall 
be  used  for  all  oflacers  elected  by  the  votes  of  more  than  one  county, 
and  for  electors  of  President  and  Vice  President  of  the  United  States ; 
but  for  Governor  the  certificates  shall  be  addressed  to  the  Speaker  oi 
the  House  of  Delegates. 

How  Judges  Shall  Certify. 
Sec.  35.  When  an  officer  is  elected  by  the  votes  of  a  single  district 
of  a  county,  the  Judges  shall   certify  that  the  persons  voted  for  lor 
such  office  have  received  the  number  of  votes  cast  for  them,  respec- 
tively, in  such  district,  and  that has  the  greatest  number  of 

votes  in  the  district,  and  is  duly  elected. 

How  Return  is  Made  wlwre  a  County,  <6c.,  is  Divided. 
Sec.  36.  In  all  cases  where  a  county  or  city  has  been,  or  shall  be 
divided,  for  the  purpose  of  forming*  district  to  elect  a  member  to  the 
Congress  of  the  United  States,  the  Judges,  in  making  this  return, 
shall  designate  therein  that  the  said  district  at  which  they  presided 
as  Judges,  is  part  of  district  No.  — ,  as  laid  out  by  law,  to  choose  a 
member  to  represent  this  State  in  the  Congress  of  the  United  States. 


STATE    ELECTION   LAWS.  15 

The  Return  Judges  may  Adjourn,  &c. 
Sec.  37.  If,  at  the  time  up])ointed  for  the  asseml)lin£r  of  the  said 
Judges,  any  of  them  should  be  prevented  from  attending,  the  Ju<lge 
or  Judges  who  shall  attend,  may  adjourn  from  day  to  day  untd  the 
Judges  required  to  meet  shall  all  assemble,  immediately  after  which, 
they  shall  proceed  to  perform  the  duties  required  of  them. 

Judges  to  Lodge  with  Clerics  the  Poll  Books,  &c. 

Sec.  38*.  The  said  Judges  shall  lodge  with  the  Clerk  of  the  Circuit 
Court  of  the  county,  or  the  Clerk  of  the  Superior  C<uirt  of  Baltimore 
city,  within  five  days,  or  sooner  if  practicable,  from  their  meeting  as 
aforesaid,  the  books  of  the  polls  of  all  the  districts  in  the  county  or 
precincts  in  the  city,  together  with  a  certificate  of  all  the  votes  given 
in  the  said  districts  or  precincts. 

How  Returns,  of  Election  Shall  te  Made. 
Sec.  39.  All   Returns  of  Elections   shall   be  made  in  the  several 
counties  to  the  respective  Clerks  of  the  Circuit  Courts ;  and  in  the  city 
of  Baltimore  to  the  Clerk  of  the  Superior  Court  of  that  city. 

Ballots  Shall  he  Returned  to  Clei-ks. 
Sec.  40.  All  ballots  cast  at  any  election,  shall  be  returned  by  the 
said  Judges  on  the  day  of  their  meeting,  to  the  Clerks  of  the  said 
courts,  who  shall  safely  keep  the  same  for  the  space  of  twelve  months 
from  the  day  of  such  return;  at  which  time  the  said  Clerks,  in  the 
presence  of  one  or  more  justices  of  the  Orphans'  Court,  shall  destroy 
the  same,  and  shall  record  among  the  land  records  of  his  office,  a  cer- 
tificate of  the  fact,  signed  by  said  justice  or  justices. 

Ballots  may  te  Inspected  in  Presence  of  Clerks. 
Sec  41.  No  ballot  thus  returned  shall  be  given  by  the  Clerk  to  any 
person,  except   as  hereinafter   directed;  but  any   person    interested 
therein,  shall   have   the   privilege   of  inspecting  said  ballots  in  the 
presence  of  said  Clerks. 

Clerks  to  Copy  Cei'tijicates,  &c. 
Sec  42.  The  several  county  Clerks,  and  the  Clerk  of  the  Superior 
Court  of  Baltimore  city,  with  whom  the  said  certificates  are  lodged, 
shall  each,  under  the  penalty  of  one  hundred  dollars,  make  out  a 
true  copy  of  the  said  certificate  of  all  the  votes  lodged  with  him  by  the 
Judges,  under  the  seal  of  his  office,  within  five  days  after  the  same 
shall  be  so  deposited,  and  shall  enclose  and  seal  up  the  same,  directed 
to  the  officers  to  whom  they  are  respectively  certified  and  addressed, 
endorsed  on  public  service,  and  shall  jdace  the  same  in  the  post  office, 
to  be  transmitted  according  to  their  direction,  except  the  certificate 
of  the  election  of  Governor,  which  shall  be  directed  to  the  Secretary 
of  State. 

Clerks  to  Endorse  Certificate,  &c.,  when  Received. 

Sec  43.  The  said  clerks  shall  endorse  on  the  certificate  and  polls  to 
be  delivered  to  them  as  aforesaid,  the  day  when  received;  and  shall 
be  allowed  as  a  compensation  for  making  out  and  forwarding  the 
copies  of  the  said  certificates,  the  same  compensation  allowed  for  like 
services,  to  be  levied  and  paid  by  the  county  or  city  of  Baltimore. 


16  STATE   ELECTION   LAWS. 

Judges  of  Election  in  Baltimore  City. 

Sec.  44.  The  Judges  of  Election,  appointed  from  time  to  time,  by 
the  Board  of  Police  of  the  City  of  Bultimore,  for  elections  for  choos- 
ing members  of  the  City  Council,  sliall  be  Judges  of  Election  of  all 
elections  held  in  said  city  ;  and  shall,  in  all  resjjects,  as  to  time  and 
manner  of  holding  said  elections,  and  ascertaining  and  declaring  the 
persons  elected,  pursue  and  observe,  under  the  penalties  hereinbefore 
imposed  on  the  other  Judges  of  Elections,  the  several  rules  and  regu- 
lations herein  prescribed  to  the  several  Judges  of  Elections  in  the  coun- 
ties, in  relation  to  similar  elections. 

SJieriffn  Allowed  $12.00  per  Bay. 

Sec.  45.  The  Sheritfs  in  the  several  counties  shall,  respectively, 
be  allowed  the  sum  of  twelve  dollars  for  each  election  held  in  this 
county,  for  the  performance  of  the  duties  herein  required,  to  be  levied 
as  other  county  charges;  pi-ov id ed,  that  when  two  or  more  elections 
are  held  on  the  same  day,  the  Sheriff  sLull  not  be  allowed  more  than 
twelve  dollars  for  such  elections. 

Bar  Booms  Closed  on  Election  Bays. 

Sec.  46.  It  shall  not  be  lawful  for  the  keeper  of  any  hotel,  tavern, 
store,  drinking  establishment,  or  any  other  place  where  liquors  are  sold, 
or  for  any  person  or  persons,  directly  or  indirectly,  to  sell,  barter  or 
give,  or  dispose  of  any  spirituous  or  fermented  liquors,  ale  or  beer,  or 
intoxicating  drinks  of  any  kind,  on  the  day  of  any  election  hereafter 
to  be  held  in  the  several  counties  of  this  State. — 1865,  ch.  191. 

Penalty  for  Violating  the  above  Section. 

Sec.  47.  Any  person  violating  the  provisions  of  this  Act,  shall  be 
liable  to  indictment  by  the  Grand  Jury  of  the  county  where  the  offence 
is  committed,  and  shall,  upon  conviction  before  any  Judge  of  any  of  the 
Circuit  Courts  of  this  State,  be  fined  a  sum  not  less  than  liity  "dollars 
nor  more  than  one  hundred  dollars  for  each  and  every  offence,  one- 
half  of  the  fine  shall  be  paid  the  informer,  the  other  half  to  the  County 
Commissioners  for  the  use  of  public  roads. — IMd. 

Wagers  Beposited  are  Forfeited. 
Sec.  48.  Every  deposit  of  money  in  any  j^art  of  the  State,  as  a 
wager  or  bet  upon  elections  in  this  State  or  elsewhere,  shall  be  for- 
feited and  paid  over  to  the  County  Commissioners  of  the  county  where 
deposited,  for  the  use  of  the  county;  and  if  de2Dosited  in  the  city  of 
Baltimore,  to  the  Mayor  and  City  Council. 

Warrants  fw  Special  Elections. 

Sec.  49.  Warrants  for  all  special  elections  shall  be  issued  to  the 
Sheriff  of  the  county  or  city  where  the  election  is  to  be  held,  who  shall 
appoint  a  day  for  the  holding  of  the  same,  and  sliall  give  at  least  ten 
days'  notice  thereof,  exclusive  of  the  day  of  pui)lication  and  day  of 
election,  by  advertisements  set  up  at  the  most  ])uiilic  places  within 
each  district  of  the  county,  and  by  advertisements  in  two  newspapers 
of  general  circulation  in  such  county.  In  the  city  ot  Baltimore  three 
weeks'  previous  notice  shall  be  given  in  the  manner  herein  prescribed 
oi'  all  special  elections,  whether  for  Federal,  State  or  municipal  officers. 


STATE   ELECTION   LA.WS.  17 

Sheriff  to  Notify  Judges  of  the  Election. 
Sec.  50.  The  Sheriff  shall  also  serve  a  copy  of  the  said  warrant, 
together  with  a  notice  of  the  day  appointed  for  holding  said  election, 
on  each  of  the  judges  in  each  district  or  precinct,  at  least  three  days 
before  the  day  appointed  for  holding  such  election,  under  the  penalty 
often  dollars  for  each  netrlect. 

Special  Elections — When  Held. 
Sec.  51.  Such  election  shall  be  held  within  fifteen  days  after  the 
warrant  shall  be  received  by  the  Sheriff;  except  in  the  city  of  Balti- 
more, where  twenty-five  days  shall  elapse  between  the  receipt  of  the 
warrant  and  the  time  when  such  election  shall  be  held. 


CONTESTED     ELECTIONS. 

Contested  Elections  for  Certain  Officers. 

Sec.  52.  All  contested  elections  for  Comptroller  of  the  Treasury, 
Commissioner  of  the  Land  Office,  Judges,  Clerks  of  the  Courts  of  Law, 
and  Register  of  Wills  shall  be  decided  by  the  House  of  Delegates,  and 
the  testimony  shall  be  taken  in  such  cases  in  the  same  manner  as  is 
herein  prescribed  in  contested  seats  of  the  Senate  or  House  of  Dele- 
gates.—1865,  ch.  143. 

Contested  Election  for  Other  Officers. 
Sec.  53.  All  cases  of  contested  elections  of  any  of  the  officers  not 
provided  for  in  the  Constitution,  or  in  the  preceding  section,  shall  be 
decided  by  the  judges  of  the  several  Circuit  Courts — each  in  his  re- 
spective circuit — and  by  the  Superior  Court  of  Baltimore  city,  in  the 
city  of  Baltimore, 

Mode  of  Proceeding,  &e. 

Sec.  54.  Each  judge  of  the  Circuit  Court,  and  of  the  Superior  Court 
of  Baltimore  city,  may  adopt  such  mode  of  proceeding  in  cases  of  con- 
tested elections,  and  prescribe  such  rules  for  t;iking  testhuony  and 
adjudging  costs,  as  to  him  shall  seem  most  satisfactory  and  least  ex- 
pensive. 

When  Notice  is  to  he  Given. 

Sec.  55.  The  party  intending  to  contest  an  election  for  the  Senate 
or  House  of  Delegates,  shall  give  notice  of  such  intention  to  the  per- 
son returned,  within  thirty  days  after  the  Judges  of  Election  shall  have 
made  known  publicly  the  state  of  the  polls,  unless  at  a  special  elec- 
tion to  fill  a  vacancy,  when  such  notice  shall  be  given  within  ten  days 
after  the  state  of  the  polls  is  announced  by  the  Judges  of  Election. 

Notice  to  he  Delivered  in   Writing. 

Sec.  56.  Such  notice  shall  be  delivered  in  writing,  at  the  usual 
residence  of  the  person  returned ;  and  if  he  be  absent,  shall  be  left 
there. 

Notice   to  the  Opposite  Parti/. 

Sec.  57.  The  party  intending  to  make  examination  shall,  after  such 
notice,  apply  to  some  justice  of  the  peace  of  the  county  or  city  wherein 
the  election  is  contested,  and  shall  obtain  a  notice  under'his  hand 
and  seal,  directed  to  the  opposite  party,  and  requiring  him  to  attend 
in  person  or  by  attorney,  and  cross  examine  witnesses. 


18  STATE   ELECTION   LAWS. 

Justice  can  Coerce  the  Attendance  of  Witnesses. 
Sec.  58.  The  justice,  in  such  cases,  shall  have  the  usual  power  to 
coerce  the  attendance  of  witnesses. 

What  the  Notice  shall  Contain. 

Sec.  59.  The  notice  of  the  justice  shall  contain  the  names  of  the 
witnesses,  with  the  facts  expected  to  be  proved  by  them — and  shall 
state  the  time  and  place  of  examination,  and  shall  be  served  on  the 
opposite  party  or  his  attorney,  at  least  ten  days  previous  to  the  pro- 
posed examination. 

How   Witnesses  shall  Je  Examined. 

Sec.  60.  Every  person  deposing  shall  be  examined  on  oath;  and 
his  testimony  shall  be  reduced  to  writing  either  by  himself,  in  the 
presence  of  the  justice,  or  by  the  justice,  or  a  clerk  by  him  apj^ointed 
and  sworn  fairly  to  write  down  and  transcribe  the  depositions,  and 
shall  be  subscribed  by  the  deponent. 

The  JDepositions  to  he  Sealed  Up,  &e. 

Sec.  61.  The  depositions  so  taken,  together  with  a  certificate  of 
the  notices  and  proof  of  service  of  them,  shall  be  sealed  up  by  the 
magistrate  who  took  them,  and  transmitted  to  the  presiding  officer  of 
the  body  in  which  the  seat  is  contested. 

No  Other  Manner  of  Examining  Witnesses. 
Sec.  62.  The  examinations  of  witnesses,  taken  in  the  manner  herein 
prescribed,  and  in  no  other,  shall  hereafter  be  admitted  on  trial  of 
contested  elections. 

All  Record  Evidence  Admitted. 

Sec.  63.  The  copies  of  any  papers  recorded  in  any  office  of  record, 
attested  under  the  hand  and  seal  of  the  recording  officer,  shall  be  ad- 
mitted at  all  such  trials,  in  the  same  manner  as  the  originals  would  be 
if  produced. 

Other  Papers  of  a  Public  Nature  Admitted. 

Sec.  64.  The  copies  of  any  other  papers  of  a  public  nature,  and  re- 
maining in  possession  of  a  public  officer,  and  extracts  from  the  poll 
books  under  the  hand  and  seal  of  the  clerk  of  the  court  or  public 
officer  in  whose  office  they  are  deposited,  shall  be  admitted  as  evi- 
dence. 

Ballots  may  be  Delivered  to  a  Justice,  &e. 

Sec.  65.  The  clerk  of  any  court  to  whom  the  ballots  have  been  re- 
turned under  the  provision  of  tliis  Article,  may  deliver  any  of  said 
ballots  to  a  justice  taking  examinations  in  a  contested  election,  to  be 
by  him  transmitted  (if  necessary)  to  the  presiding  officer  of  the  body 
in  which  the  seat  is  contested. 

Pay  of  the  Justice  and   Witnesses. 

Sec.  66.  The  justice  before  whom  such  depositions  shall  be  taken, 
shall  be  entitled  to  the  sum  of  two  dollars  for  every  day  he  may  be 
engaged  in  the  examination  of  witnesses,  and  the  witnesses  shall  be 
entitled  to  the  usual  allowance  for  their  attendance  before  a  justice  of 
the  peace,  to  be  paid  by  the  party  on  whose  behalf  such  examination 
is  held  and  said  witnesses  are  summoned. 


ELECTION   OF   MEMBERS   OP   CONGKESS.  19 

Contestants  to  Receive  no  Pay  unless  Successful. 
Sec.  67.  No  person  contesting  the  seat  of  any  one  who  has  been 
regularly  returaed  liy  the  Judges  of  Election,  as  elected  to  a  seat  in 
the  Senate  or  House  of  Delegates,  shall  be  allowed  any  per  diem, 
mileage,  or  other  pay,  unless  the  party  so  contesting  shall  establish 
his  right  to  such  seat. 


ELECTION    OF   UNITED    STATES    SENATORS. 

The  United  States  Senators  are  elected  by  the  General  Assembly, 
under  the  Act  of  Congress  of  July  25th,  1866.  [See  Legislative  De- 
partment, pages  69  and  70.] 


The  Public  General  Law,  Art.  35,  Sec.  74,  provides  as  follows : 

United  States  Senators — Where  to  be  Inhabitants. 
In  the  first  election  of  Senator  to  represent  this  State  in  the  Senate 
of  the  United  States,  which  shall  be  held  after  the  first  day  of  April, 
in  the  year  eighteen  hundred  and  sixty-seven,  the  person  elected  shall 
be  an  inhabitant  of  the  Eastern  Shore  of  this  State,  and  one  of  the 
Senators  to  be  thereafter  elected  shall  always  be  an  inhabitant  of  the 
Eastern  Shore,  and  the  other  of  the  Western  Shore,  of  this  State. — 1867, 
ch.  11. 


ELECTION  OP    EEPRESENTATIVES    IN 
CONGRESS. 

Day  of  Election. 
The  Act  of  Congress  of  February  2d,  1872,  ch.  11,  sec.  3,  provides 
that  Representatives  in  Congress,  shall  hereafter  be  elected  on  the 
Tuesday  next  after  the  first  Monday  in  November,  1872,  and  every 
second  year  thereafter,  for  Representatives  in  Congress,  whose  term  of 
oflice  commences  on  the  4tli  of  March  next  thereafter. 

Election  of  Representatives. 
Elections  of  Representatives  of  this  State  in  the  Congress  of  the 
United  States,  shall  be  held  on  the  Tuesday  next  after  the  first  Mon- 
day in  the  month  of  November  every  two  years,  commencing  in  the 
year  eighteen  hundred  and  sixty-eight,  and  taking  place  every  second 
year  thereafter.— 1868,  ch.  338. 

Election  by  Ballot. 

The  Act  of  Congress  of  1872,  ch.  139,  sec.  19,  provides  that  all 
votes  for  Representatives  in  Congress  shall  hereafter  be  by  written  or 
printed  ballots, — any  law  of  the  State  to  the  contrary  notwithstand- 
ing ;  and  all  votes  received  or  recorded  contrary  to  the  provisions  of 
this  section  shall  be  of  no  eflfect. 

Vcu:ancies. 
By  Act  of  Congress  of  1872,  ch.  11,  sec.  4,  vacancies  are  to  be  filled 
as  may  be  provided  by  law  for  filling  vacancies  in  the  States  or  Ter- 
ritories in  which  vacancies  may  occur. 


20  CONGUESSIONAL   DISTRICTS. 

Pay  of  Members  of  Congress. 
By  the  Act  of  Congress,  of  March  3,  1873,  ch.  226.  Members  of  Con- 
gress are  paid  $7,500  per  annum  each,  in  lieu  of  all  pay  and  allow- 
ances, except  actual  individual  traveling  expenses  from  their  homes 
to  the  seat  of  Government  and  return,  by  the  most  direct  route  of 
usual  travel,  once  for  each  session  of  the  House  to  which  such  Senator, 
Member  or  Delegate  belongs,  to  be  certified  to  under  hand,  to  the  dis- 
bursing officer,  and  filed  as  a  voucher. 

The  Public  General  Law  of  this  State,  Art.  85,  sec.  78,  provides  for 
filling  vacancies  as  follows : 

Vacancies. 

If  a  vacancy  should  occur  by  death,  resignation,  or  otherwise,  at 
such  a  period  as  to  make  it  necessary  that  a  Representative  or  Repre- 
sentatives in  Congress  from  this  State,  should  be  chosen  before  the 
regular  time  for  such  election,  the  Governor  shall,  by  proclamation, 
direct  that  a  special  election  be  held  to  fill  said  vacancy;  which  proc- 
lamation shall  require  at  least  twenty  days'  notice  of  such  election  to 
be  given  by  the  sheriff's  of  the  respective  counties  or  city  of  Baltimore, 
composing  the  Congressional  district  in  which  such  vacancy  may 
exist.— Art.  35  P.  G.  L.,  sec.  78. 


NUMBER  OF  REPRESENTATIVES  IN  CONGRESS. 

By  the  Act  of  Congress  of  February  2d,  1872,  ch.  11,  as  amended 
by  the  Act  of  May  30th,  1872,  ch.  239,  the  number  of  Representatives 
in  Congress,  under  the  national  decennial  census  of  1870,  is  fixed  at 
292,  of  which  Maryland  is  apportioned  six  members — an  increase  of 
one  member  over  the  previous  session. 


CONGRESSIONAL     DISTRICTS. 

Under  the  above  Act  of  Congress,  the  Act  of  the  General  Assembly 
of  Maryland  of  1872,  ch.  418,  amending  Art.  35  Pub.  Gen.  Law,  di- 
vides the  State  into  six  Congressional  Districts,  as  follows: 

State  Divided  into  Six  Districts. 
Sec.  79.  This  State   shall    be   divided  into   six  Districts,  for   the 
choosing  of  six  Representatives  in  the  Congress  of  the  United  States, 
which  shall  be  numbered  from  one  to  six. — 1872,  ch.  418. 

First  District. 

Sec.  80.  The  First  Congressional  District  shall  be  composed  of 
Worcester  county,  Somerset  county,  Wicomico  county,  Dorchester 
county,  Talbot  county.  Queen  Anne's  county,  Caroline  county,  and 
Kent  county. 

Second  District. 

Sec.  81.  The  Second  Congressional  District  shall  be  composed  of 
Cecil  county,  Harford  county,  Carroll  county,  and  the  second,  third, 
fourth,  fifth,  sixth,  seventh,  eighth,  ninth,  tenth,  eleventh  and  twelfth 
election  districts  of  Baltimore  county. 


ENFORCEMENT  ACT  OF  CONGRESS.  21 

Third  District. 
Sec.  82.  The  Third  CdnLTcssional  District  shall  be  composed  of  tht- 
wards  of  Baltimore  city,  lium  the  tirst  to  the  niuth  ward,  both  inclu- 
sive. 

Fourth  District. 

Sec.  83.  The  Fourth  Congressional  District  shall  be  composed  of  the 
tenth  ward,  eleventh  ward,  twelfth  ward,  thirteenth  ward,  fourteenth 
ward,  fifteenth  ward,  sixteenth  ward,  eighteenth  ward,  nineteenth  and 
twentieth  wards  of  Baltimore  city. 

Fifth  District. 
Sec.  84.  The  Fifth  ConLrressional  District  shall  be  composed  of  St. 
Mary's  county,  Charles  county,  Calvert  county.  Prince  George's  county, 
Anne  Arundel  county,  with  the  city  of  Annapolis,  Howard  county, 
the  first  and  thirteenth  election  districts  of  Baltimore  county,  and  the 
seventeenth  ward  of  Baltimore  city. 

Sixth  District. 
Sec  8.5.  The   Sixth   Congressional    District  shall  be  composed  of 
Allegany  county,  "Washington  county,  Frederick  county,  and  Mont- 
gomery county. 

Returns  of  Election. 

The  Return  Judges  of  the  elections  of  Representatives  to  Congress 
of  the  first  and  thirteenth  election  districts  of  Baltimore  county,  sliall 
make  a  return  separate  from  the  return  to  be  made  by  the  return 
judges  of  the  remaining  election  districts;  and  the  return  judges  of 
the  seventeenth  ward  of  the  city  of  Baltimore  shall  make  a  return 
separate  from  the  return  to  be  mafle  by  the  judges  of  the  wards  con- 
stituting the  Fourth  Congressional  District. 


THE    "  ENFOECEMENT    ACT    OP    CONGEESS;" 

Or,  "CIVIL   RIGHTS   BILL." 

The  following  Laws  of  Congress  are  applicable  to  the  Election  of 
Members  of  Congress  in  all  the  IStates  and  Territories  ;  and  as  the  Elec- 
tion of  President  takes  place  on  the  same  day  at  every  other  general 
Election  for  Members  of  Congress,  they  necessarily  apply  to  each  Pres- 
idential Election.  The  following  Acts  provide  for  the  appointment  of 
Supervisors  of  Election,  to  supervise  the  registration  and  voting; 
and  also,  the  appointment  of  Special  Deputy  Marshals  to  preserve  tin.' 
peace,  make  arrests,  &c.,  at  Elections  for  Members  of  Congress.  The> 
Supervisors  and  SjDecial  Deputy  Marshals  are  not  to  receive  pay.  ex- 
cept in  towns  or  cities  containing  20,000  inhabitants  and  upwards. 

The  Act  of  Congress  of  1870,  chapter  94,  passed  May  81,  1870,  en- 
titled, "An  Act  to  enforce  the  rights  of  citizens  of  the  United  States 
to  vote  in  the  several  States  in  this  Union,  and  for  other  jjurposes," 
enacts  that  all  citizens  entitled  to  vote  at  any  election,  in  any  State, 
county,  city,  &c.,  shall  be  entitled  and  allowed  to  vote  at  all  such 
elections,  without  distinction  of  race,  color  or  previous  condition  of 
servitude  ;  nor  shall  it  affect  the  performance  of  any  pre-requisite  to 
the  right  of  voting,  under  penalty,  to  the  person  not  giving  full  effect 


22  ENFORCEMENT   ACT   OF   CONGRESS. 

to  the  law,  of  not  less  than  $500  fine,  and  imprisonment  not  over  one 
year.  The  District  Attorneys,  Marshals  and  Dejjuty  Marshals  r)f  the 
United  States,  and  the  United  States  Commissioners  are  specially  em- 
powered to  prosecute  all  ])ersons  violating  this  law,  in  the  District  or 
Circuit  Courts  of  the  United  States,  with  the  same  lees  as  in  other 
cases,  &c. 


SUPERVISORS     OF     ELECTION. 

The  Enforcement  Act,  as  amended  by  the  Act  of  1872,  chapter  415, 
enacts  as  follows  : 

Sec  8.  Whenever  in  any  county  or  parish  in  any  congressional  dis- 
trict, there  shall  be  ten  citizens  thereof  of  good  standing,  who,  prior 
to  any  registration  of  voters  for  an  election  for  representatives  in  Con- 
gress, or  prior  to  any  election  at  which  a  representative  in  Congress 
is  to  be  voted  for,  shall  make  known  in  writing  to  the  Judge  of  the 
Circuit  Court  of  the  United  States  for  the  district  wherein  such  county 
or  parish  is  situate,  their  desire  to  have  said  registration  or  election 
both  guarded  and  scrutinized,  it  shall  be  the  duty  of  the  Judge  of  the 
Circuit  Court,  within  not  less  than  ten  days  j^rior  to  said  registration 
or  election,  as  the  case  may  be,  to  open  the  said  court  at  the  most 
convenient  point  in  said  district ;  and  the  said  court  when  so  opened 
by  said  judge,  shall  proceed  to  appoint  and  commission,  from  day  to 
day,  &c.,  and  under  the  hand  of  the  judge,  and  seal  of  the  said  court, 
for  such  election  district,  or  voting  precinct  in  said  congressional  dis- 
trict, as  shall  in  the  manner  herein  prescribed,  have  been  applied 
for,  and  to  revoke,  change  or  renew  said  appointment,  from  time  to 
time,  two  citizens  resident  of  said  election  district,  or  voting  precinct 
in  said  county  or  parish,  who  shall  be  of  different  political  parties, 
and  able  to  read  and  write  the  English  language,  and  who  shall  be 
known  and  designated  as  Supervisors  of  Election ;  and  the  said  court, 
when  opened  by  said  judge,  as  required  herein,  shall,  therefrom  and 
thereafter,  and  up  to  and  including  the  day  following  the  day  of  the 
election,  be  always  open  for  the  transaction  of  business  under  this  act, 
and  the  powers  and  jurisdiction  hereby  granted  and  conferred,  shall  be 
exercised,  as  well  in  vacation  as  in  term  time  ;  and  a  judge  sitting  in 
chambers,  shall  have  the  same  jjowers  and  jurisdiction,  including  the 
power  of  keeping  order  and  of  punishing  any  contempt  of  his  author- 
ity, as  when  sitting  in  the  court ;  2^-ovided,  that  no  compensation  shall 
be  allowed  to  the  Supervisors  herein  authorized  to  be  ap])ointed,  ex- 
ce])t  those  appointed  in  cities  or  towns  of  twenty  thousand  or  more 
inhabitants,  and  no  person  shall  be  appointed  under  this  act  as  Super- 
visor of  Election,  who  is  not,  at  the  time  of  his  appointment,  a  quali- 
lied  voter  of  the  county,  parish,  district,  or  precinct  in  which  his 
duties  are  to  be  performed.  And  the  third  section  of  the  act  to  which 
this  is  an  amendment,  shall  be  taken  and  construed  to  authorize  each 
of  the  Judges  of  the  Circuit  Courts  of  the  United  States  to  designate 
one  or  more  of  the  Judges  of  tlie  District  Courts  within  his  circuit  to 
discharge  the  duties  arising  under  this  act,  or  the  act  to  which  this  is 
an  amendment,  and  the  words,  "any  person,"  in  Sec.  4  of  the  Act  of  May 
31st,  1870,  shall  be  held  to  include  any  officer  <u-  other  person  having 
powers  or  duties  of  an  official  character  under  this  act,  or  the  act  to 
which  this  is  an  amendment ;  awl  provided  further^  that  the  Supervisors 


ENFORCEMENT  ACT  OP  CONGUESS.  2?. 

herein  provided  for,  have  no  power  or  authority  to  make  arrests,  or  to 
perform  other  duties  than  to  be  in  the  immediate  presence  of  the  olli- 
cers  liolding  the  election,  and  to  witness  all  their  proceedings,  in- 
cluding the  counting  of  the  votes,  and  the  making  a  return  thereof 

United  States  Courts  to  Appoint  Commissioners. 
Sections  4  and  13  of  the  act  of  winch  this  is  an  amendment,  shall 
be  construed  to  authorize  and  require  the  Circuit  Courts  of  the  United 
States  in  said  sections  mentioned,  to  name  and  appoint  as  soon  as 
may  be  after  the  jiassage  of  this  act,  the  Commissioners  provided  for 
in  said  sections,  in  all  cases  in  which  such  appointments  have  not 
already  been  made  in  conformity  therewith. 

Appointment  op  Special  Deputy  Marshals. 

At  any  election  held  in  any  city  or  town  of  20,000  inhabitants  and 
upwards,  for  Representatives  in  Congress,  the  Marshal  of  the  United 
States  shall,  on  the  application  in  writing  of  at  least  two  citizens  re- 
siding in  such  city  or  town,  appoint  Special  Deputy  Marshals,  whose 
duty  it  shall  be  to  assist  the  Supervisors  of  Election  in  the  veritica- 
tion  of  any  list  of  persons  made  under  the  provisions  of  this  Act,  who 
may  have  registered  or  voted,  or  either — to  attend  in  each  election 
district  or  voting  precinct  at  the  times  and  places  fixed  for  the  regis- 
tration of  voters,  and  at  all  times  and  places  when  and  where  said 
registration  may  by  law  be  scrutinized,  and  the  names  of  registered 
voters  be  marked  for  challenge ;  and  also,  to  attend  at  all  times  for 
holding  such  elections,  the  polls  of  the  election  in  such  district  or 
precinct.  And  the  Marshal  and  his  General  Deputies  and  Special 
Dei^uties  shall  have  power,  and  it  shall  be  the  duty  of  such  Siiecial 
Deputies  to  keep  the  jjeace,  support  and  jirotect  the  Supervisors  of 
Election  in  the  discharge  of  their  duties,  ])reserve  order  at  such 
places  of  registration,  and  at  such  polls,  prevent  fraudulent  registra- 
tion and  fraudulent  voting  thereat,  or  fraudulent  conduct  on  the  part 
of  any  officer  of  election,  and  immediately  either  at  said  place  of  re- 
gistration or  elsewhere,  and  either  before  or  after  registering  or  voting, 
to  arrest  and  take  into  custody,  with  or  without  process,  any  person 
who  shall  commit  or  attemi)t,  or  ofT'er  to  commit  any  of  the  acts  or 
ofiences  prohibited  by  this  Act,  or  the  Act  hereby  amended,  or  who 
shall  commit  any  offence  against  the  laws  of  the  United  States.  No 
person  shall  be  arrested  without  ]irocess  for  any  ofl'ence  not  committed 
in  the  presence  of  the  Marshal  or  his  General  or  Special  Deputies,  and 
for  the  purposes  of  arrest  or  the  preservation  of  the  peace,  the  Su]jer- 
visors  of  Election,  and  each  of  them  shall,  in  the  absence  of  the  Mar- 
shal's deputies,  or  if  required  to  arrest,  said  deputies  have  the  same 
duties  and  i)owers  as  the  Deputy  Marshal.  No  person  shall,  on  the 
day  of  election  be  arrested  with  process  for  any  offence  committed  on 
the  day  or  days  of  registration. 

The  Act  of  1873,  chapter  415,  provides  that  nothing  in  said  Act 
shall  be  so  construed  as  to  authorize  the  appointment  of  any  Marshals 
or  Deputy  Marshals  in  addition  to  those  heretofore  authorized  by  law. 


85 


34  PRESIDENTIAL   ELECTORS. 


THE   PRESIDENT    OP    THE    UNITED    STATES. 

The  President  and  Vice-President  of  the  United  States  are  elected 
by  Electors,  chosen  in  the  different  States,  each  State  being  entitled 
to  as  many  Electors  as  it  has  Senators  and  Representatives  in  Con- 
gress. They  are  elected  every  fourth  year  from  1872,  and  their  term 
of  office  commences  on  the  following  fourth  of  March.  The  Presi- 
dent's salary  is  $50,000  per  year,  and  the  use  of  a  furnished  residence. 
The  salary  of  the  Vice-President  is  $10,000. 


PRESIDENTIAL    ELECTORS. 

The  Public  General  Law,  Article  35,  provides  for  the  election  of 
Presidential  Electors,  as  follows  : 

The  President— Row  Elected. 
Sec.  68.  On  the  first  Tuesday  next  after  the  first  Monday  of  Novem- 
ber preceding  the  time  fixed  by  law  of  the  United  States,  for  choice  of 
President  and  Vice-President  of  the  United  States,  there  shall  be 
elected  by  general  ticket  as  many  Electors  of  President  and  Vice-Presi- 
dent as  this  State  shall  be  entitled  to  appoint. 

Who  has  the  Right  to  Vote. 
Sec.  69.  Each  citizen  of  this  State,  entitled  to  vote  for  Delegates  to 
the  General  Assembly,  shall  have  the  right  to  vote  for  the  whole  num- 
ber of  Electors  ;  and  the  several  persons,  to  the  number  required  to 
be  chosen,  having  the  highest  number  of  votes,  shall  be  declared  and 
deemed  duly  appointed  Electors. 

In  Case  of  a  Tie,  Oovernor  to  Decide  hy  Lot. 
Sec.  70.  If  any  of  the  persons  voted  for  as  Electors  shall  have  an 
equal  number  of  votes,  so  as  to  defeat  a  choice  between  them,  the  Gov- 
ernor shall  determine  by  lot  which  of  the  persons  having  such  equal 
number  of  votes,  shall  be  Electors,  so  as  to  complete  the  whole  num- 
ber to  which  the  State  shall  be  entitled. 

How  Election  Shall  be  Conducted. 
Sec.  71.  The  said  election  shall,  in  all  respects,  be  conducted  as 
other  elections,  and  the  returns  thereof  made  as  hereinbefore  directed 
Electors  May  Fill  Vacancies. 
Sec.  72.  Upon  the  meeting  of  the  persons  returned  elected  Electors 
of  President  and  Vice-President,  or  as  many  of  said  persons  as  may 
attend  on  the  day  appointed  by  the  Constitution  and  Laws  of  the 
United  States,  before  proceeding  to  perform  the  trust  reposed  in  them, 
the  place  of  any  absent  member  may  be  supplied  by  the  members 
present,  who  shall  have  power  to  appoint  the  same  ;  and  the  said  per- 
son, when  appointed  and  qualified,  shall  be  entitled  to  all  the  rights 
and  privileges  of  those  proclaimed  by  the  Governor  as  duly  elected 
Electors  of  President  and  Vice-President  of  the  United  States. 


[The  Presidential  Electors  meet  on  the  first  Wednesday  in  December 
after  their  election.  In  Maryland  the  Electors  have  always  assembled 
in  the  Senate  Chamber  at  Annapolis,  and  jjerformed  their  duties.] 


MAnYLAND   ELECTIONS.  25 


SUMMAEY    OP    THE    STATE   ELECTIONS. 

All  general  elections  in  this  State  shall  be  held  on  the  Tuesday  next 
after  the  first  Monday  in  the  month  of  November,  in  the  year  in  which 
they  shall  occur.— Cons.,  Art.  15,  Sec.  7. 

A  Oeneral  Electum — is  held  every  year  on  the  day  above  named, 
for  the  election  of  diflierent  officers. 


OFFICERS   OF  THE   GENERAL   GOVERNMENT. 

The  Congressional  Election — for  the  election  of  members  of  Congress, 
takes  place  every  two  years  from  November,  1872. 

The  Presidential  Election— ior  the  election  of  Electors  of  President 
and  Vice-President  of  the  United  States,  takes  place  every  four  years 
from  1872,  members  of  Congress  being  voted  for  at  the  same  time. 


ELECTION  OF   STATE   AND   COUNTY  OFFICERS. 

The  Governor — is  elected  at  the  general  election,  which  occurs  every 
fourth  year  from  1871  ;  his  term  of  office  commences  on  the  second 
Wednesday  of  January  next  ensuing.  His  salary  is  $4,500,  and  the 
occupancy  of  the  Government  mansion. 

Vacancy.— \Ti  case  of  vacancy,  see  Art.  2,  Sections  6  and  7,  page  34. 

TJie  Secretary  of  State — is  appointed  by  the  Governor  until  the  end 
of  his  official  term,  unless  removed.     Salary,  $2,000  per  year. 

The  General  AssemUy. — The  thirteen  Senators  of  the  "first  class,'. 
viz.  from  the  Second  Legislative  District  of  Baltimore  city,  and  the 
counties  of  Allegany,  Caroline,  Cecil,  Charles,  Dorchester,  Garrett. 
Harford,  Montgomery,  Prince  George's,  St.  Mary's,  Talbot  and  Wor- 
cester, will  be  elected  every  fourth  year  from  November,  1873. 

The  thirteen  Senators  of  the  "second  class,"  viz.  from  the  First  and 
Third  Legislative  Districts  of  Baltimore  city,  and  the  counties  of 
Anne  Arundel,  Baltimore,  Calvert,  Carroll,  Frederick,  Howard,  Kent, 
Queen  Anne's,  Somerset,  Wicomico  and  Washington,  will  be  elected  in 
1875,  and  every  fourth  year  thereafter. 

The  Delegates — are  elected  every  two  years  firom  November,  1873. 

The  comjjensation  of  members  is  $5.00  per  day,  for  ninety  days. 
The  presiding  officers  of  each  House  are  paid  $3.00  per  day  additional. 

The  Judges — of  all  the  Courts  of  the  State,  excepting  the  Judges  in 
Baltimore  city  and  the  Orphans'  Court,  are  elected  every  fifteenth 
year  li-om  November,  18(57,  viz.  in  1882,  1897,  &c.,  except  where  vacan- 
cies occur,  which  are  filled  by  the  Governor,  until  the  next  general 
election,  when  the  judge  is  elected  for  the  full  term  of  fifteen  years,  or 
until  he  is  seventy  years  of  age. 

In  Baltimore  city,  the  Judges  are  elected  at  the  municipal  election, 
held  on  the  fourth  Wednesday  in  October,  instead  of  at  the  general 
election  in  November. 

The  salary  of  the  Judges  of  the  Court  of  Appeals,  is  $3,500  per  year, 
and  of  each  Associate  Judge  of  the  Circuit  Courts,  $2,800  per  year. 


26        -  MARYLAND   ELECTIONS. 

The  Judges  in  Baltimore  city,  receive  $3,500  per  year,  and  $500  addi- 
tional paid  by  the  city  of  Baltimore. 

Three  Judges  of  the  Orjjhans'  Courts— m  each  county  and  Baltimore 
city,  are  elected  every  four  years  from  1871.  Vacancies  are  filled  by 
the  Governor  for  the  residue  of  the  term ;  salary,  .$G.OO  per  day  in 
Baltimore  city,  and  $4.00  in  the  counties. 

The  Clerk  of  the  Court  of  Appeals— is  elected  every  sixth  year  from 
1873,  by  the  vote  of  the  whole  State.  In  case  of  vacancy,  the  court 
appoints  until  the  next  general  election,  when  a  clerk  is  elected  for 
six  years ;   salary,  office  fees,  limited  to  $3,000  per  year. 

Clerks  of  Circuit  Courts — are  elected  every  six  years  from  1873;  sal- 
ary limited  to  $3,000  per  year  in  the  counties,  and  $3,500  per  year  in 
Baltimore  city,  over  and  above  office  expenses  and  compensation  to 
assistants,  to  he  paid  out  of  the  receipts  of  the  office.  Vacancies 
are  filled  by  the  Judges  of  the  Circuit  Courts  in  the  counties,  and  by 
the  Supreme  Bench  in  Baltimore  city,  until  the  next  general  election, 
when  the  clerks  are  elected  for  six  years. 

llegisters  of  Wills — are  elected  every  six  years  from  1873 ;  salary 
same  as  Clerks  of  Courts.  Vacancies  are  filled  by  the  Judges  of  the 
Orphans'  Court  until  the  next  general  election,  when  the  Registers  are 
elected  for  six  years. 

The  Sheriffs — are  elected  every  two  years  from  November,  1873.  In 
case  of  a  vacancy  the  Governor  is  to  appoint  a  person  to  fill  the 
vacancy  for  the  remainder  of  his  official  term.  Sheriffs  are  ineligible 
for  re-election  for  two  years  after  the  expiration  of  their  term  of  office. 
Sheriffs  must  be  above  the  age  of  twenty-five  years,  and  five  years 
preceding  his  election  a  citizen  of  this  State. — Const.  Art.  4,  sec.  44. 

The  Attorney  General — is  elected  every  fourth  year  from  1871.  In 
case  of  a  tie  vote,  the  Governor  designates  which  shall  qualify.  In 
case  of  a  vacaiicv.  ic  is  filled  by  the  Governor,  for  the  residue  of  the 
term.     Salary  $3,000. 

The  State's  Attorneys — are  elected  every  fourth  year  from  1871 ;  com- 
pensation— the  fees  and  commissions  prescribed  by  law.  In  case 
of  vacancy,  it  is  filled  by  the  Judge  of  the  Court,  for  the  residue  of 
the  term.  The  State's  Attorney  of  Baltimore  city,  has  power  to  ap- 
l)oint  one  Deputy  State's  Attorney,  at  a  salary  not  (n-er  $1,500,  to  be 
paid  by  the  State's  Attorney  out  of  the  fees  of  his  office. 

The  State  Compdroller — is  elected  every  second  year  from  1873.  The 
State  Treasurer  is  elected  by  the  General  Assembly  for  two  years  from 
February,  1874.  The  salary  of  each  is  $2,500  per  year.  In  case  of  a 
vacancy  in  either  office,  the  Governor,  with  the  advice  and  consent  of 
the  Senate,  shall  fill  such  vacancy,  by  appointment,  to  continue  until 
another  election,  or  a  choice  by  the  Legislature,  as  the  case  may  be, 
and  until  the  qualification  of  the  successor. 

The  Surveyors — are  elected  every  two  years  from  1873.  Vacancies 
are  filled  by  the  County  Commissioners,  or  Mayor  and  City  Council 
of  Baltimore,  for  the  residue  of  the  ofiicial  term.  Compensation,  same 
as  is  now,  or  may  hereafter  be,  prescribed  by  law. 

The  Adjutant  General — is  ajipointed  by  the  Governor.  His  term  of 
office  ex])ires  whenever  a  successor  is  appointed  and  qualified,  or  un- 
til removcfl  by  a  court  martial.     His  salary  is  $2,000  per  year. 

The  Stale  Librarian — is  appointed  by  the  Governor,  to  hold  office 
during  the  term  of  the  Governor,  or  until  his  successor  is  ai:)i3ointed 
and  qualified — salary,  $1,500  per  year. 


MARYLAND   ELECTIONS.  27 

TTie  Commissioner  of  the  Land  Ofice—X?,  appointed  by  the  Governor, 
and  holds  his  office  during  the  term  of  the  Governor  by  whom  he  shall 
have  been  appointed,  and  until  his  successor  is  appointed  and  quali- 
fied.    Salary  $1,500  per  year. 

Special  Elections. 

"If  at  any  election  directed  by  this  Constitution,  any  two  or  more 
candidates  shall  have  the  highest  and  an  equal  numljer  of  votes,  a  new 
election  shall  be  ordered  by  the  Governor,  except  in  cases  specially 
provided  for  by  this  Constitution."— Art.  15,  Sec.  4. 

The  cases  specially  provided  for,  are,  that  of  a  tie  in  the  election  of 
a  Governor,  which  is  "determined  by  lot  between  those  who  shall 
have  the  highest  and  equal  number  on  the  first  vote."— Art.  2,  Sec.  4. 

Also,  that  of  a  tie  in  the  election  of  a  Senator  or  Deleorate,  in  which 
case,  "a  warrant  of  election  shall  be  issued  by  the  President  of  the 
Senate,  or  the  Speaker  of  the  House,  as  the  case  may  be,  of  which 
election  not  less  than  ten  days  notice  shall  be  given." — Art.  3,  Sec.  13. 

Contested  Elections. 

All  contested  elections  for  Comptroller  of  the  Treasury,  Commis- 
sioner of  the  Land  Office,  Judges,  Clerks  of  the  Courts  of  Law,  and 
Register  of  Wills,  shall  be  decided  by  the  House  of  Delegates,  and  the 
testimony  shall  be  taken  in  such  cases  in  the  same  manner  as  is  herein 
prescribed  in  contested  seats  of  the  Senate  or  House  of  Delegates. — 
Art.  35,  ch.  52;  1865,  ch.  143. 

Qualification  of  Officers. 

Any  officer  elected  or  appointed  in  pursuance  of  the  provisions  of 
this  Constitution,  may  qualify,  either  according  to  the  existing  pro- 
visions of  law  in  relation  to  officers  under  the  present  Constitution,  or 
before  the  Governor  of  the  State,  or  before  any  clerk  of  any  Court  of 
Record  in  any  part  of  the  State;  but  in  case  an  Officer  shall  qualify 
out  of  the  county  in  which  he  resides,  an  official  copy  of  his  oath  shall 
be  filed  and  recorded  in  the  clerk's  office  of  the  Circuit  Court  of  the 
county  in  which  he  may  reside,  or  in  the  clerk's  office  of  the  Superior 
Court  of  the  City  of  Baltimore,  if  he  shall  reside  therein. — Const.,  Art. 
15,  Sec.  10.     See  page  376. 

Limitation  of  Salaries. — No  person  holding  any  office,  created  by  or 
existing,  under  this  Constitution,  or  the  laws  of  this  State,  or  holding 
any  appointment  under  any  court  in  this  State,  shall  receive  more  than 
$3,000  a  year  as  a  compensation  for  the  discharge  of  his  official  duties, 
except  in  cases  specially  provided  for  in  this  Constitution. — Const., 
Art.  15,  Sec.  1. 

The  same  article  requires  all  officers  whose  pay  is  derived  from 
fees,  to  keejj  an  account  of  the  same  in  a  book,  and  pay  over  yearly  to 
the  Treasurer,  the  excess  over  $3,000. 

Executive  Appointments. 

All  civil  officers,  appointed  by  the  Governor  and  Senate,  shall  be 
nominated  to  the  Senate  within  fifty  days  from  the  commencement  of 
each  regular  session  of  the  Legislature;  and  their  term  of  office,  ex- 
cept in  cases  otherwise  provided  for  in  this  Constitution,  shall  com- 
mence on  the  first  Monday  of  May  next  ensuing  their  appointment, 
and  continue  for  two  years,  unless  removed  from  office,  and  until  their 
successors  respectively  qualify  according  to  law ;  but  the  term  of  office 


28  MARYLAND   ELECTIONS. 

of  the  Inspectors  of  Tobacco  shall  commence  on  the  first  Monday  of 
March  next  ensuing  their  appointment. — Const.  Art.  3,  Sec.  13. 

If  a  vacancy  shall  occur  during  the  session  of  the  Senate,  in  any 
office,  which  the  Governor  and  Senate  have  the  power  to  fill,  the  Gov- 
ernor shall  nominate  to  the  Senate  before  its  final  adjournment,  a 
proper  person  to  fill  said  vacancy,  unless  such  vacancy  occurs  within 
ten  days  before  said  final  adjournment. — Ibid.  sec.  14. 

Term  of  Office. 

The  term  of  office  of  all  .Judges  and  other  Officers,  for  whose  election 
l^rovision  is  made  by  this  Constitution,  shall,  (except  in  cases  other- 
wise expressly  provided  herein,)  commence  from  the  time  of  their 
election ;  and  all  such  Officers  shall  qualify  as  soon  after  their  election 
as  practicable,  and  shall  enter  upon  the  duties  of  their  respective 
offices  immediately  upon  their  qualification.  The  term  of  oflice  of 
Uhe  State  Librarian  and  of  the  Commissioner  of  the  Land  Office,  shall 
commence  from  the  time  of  their  appointment. — Const.  Art.  XV,  Sec.  9. 

Tie  Votes. — If  at  any  election  directed  by  this  Constitution,  any 
two  or  more  candidates  shall  have  the  highest  and  an  equal  number 
of  votes,  a  new  election  shall  be  ordered  by  the  Governor,  except  in 
cases  specially  provided  for  in  this  Constitution. — Const.  Art.  15, 
Sec.  4. 


The  Mayor  of  Baltiynore — is  elected  on  the  fourth  Wednesday  in  Oc- 
tober in  every  second  year  from  1873.  His  term  of  office  commences 
on  the  first  Monday  of  November.  Salary  $5,000  per  year.  The 
salary  of  the  Mayor's  Clerk  is  $1,050. 

The  Members  of  the  First  Branch  of  the  City  Council — are  elected 
annually.  The  Members  of  the  Second  Branch  are  elected,  with  the 
Mayor,  every  two  years  from  1873,  and  in  every  year,  the  date  of  which 
is  an  odd  number.  The  salary  of  Members  of  the  City  Council  is 
11,000  per  year. 


THE  POPULATION  OP  MARYLAND. 

Maryland  was  settled  in  1634,  by  the  English.  Acceded  to  the 
Union  in  April,  1788.  Capital,  Annapolis.  Chief  city  and  seaport, 
Baltimore.  Area,  11,124  square  miles.  Population  in  1850,  583,034. 
In  1860,  687,049;  of  whom  87,188  were  colored.  Population  in  1870, 
780,894;  of  whom  175,397  were  colored. 

The  population  of  Baltimore  city  in  1870,  was  267,354;  of  whom 
39,560  were  colored.  In  1860,  212,418 ;  of  whom  27,808  were  colored ; 
and  in  1850,  169,054;  of  whom  28,388  were  colored. 


MARYLAND   ELECTIONS.  29 


MARYLAND  ELECTIONS.-THE  VOTE. 

The  vote  at  the  last  Presidential  Election  in  1872,  the  Guberna- 
torial Election  in  1871,  and  the  last  Congressional  Election  in  1871, 
are  given  for  the  purposes  of  comparison.  The  vote  at  the  State, 
county,  and  municipal  election  of  Baltimore  city,  in  1873,  are  also 


THE  VOTE  FOR  PRESIDENT  IN  1872, 
AND  GOVERNOR  IN  1871. 

1872. 
For  President. 

CoTTNTiES.                                   Greeley.  Gkant. 

(Zi.  L.)  ^iep.) 

Allegany 2,695  3,301 

Anne  Arundel 2.249  2,546 

Baltimore  city 24,094  19,522 

Baltimore  county 4,173  3,774 

Calvert 692  1,070 

Caroline 1,030  1,108 

Carroll 2,505  2,587 

Cecil 2,103  2,547 

Charles 1,200  1,591 

Dorchester 1,755  1,852 

Frederick 4.065  5,186 

Harford 1,955  2,117 

Howard 1.196  1,309 

Kent 1,623  1,658 

Montgomery 2,121  1,949 

Prince  George's 1,631  2,204 

Queen  Anue's 1.804  1,654 

St.  Mary's 1.339  1,636 

Somerset 1,122  1,615 

Talbot 1,521  1,663 

Washington 3,204  3,664 

Wicomico 1,470  1,081 

Worcester 1,734  1,166 


1871. 

For  Governor. 

WUYTE. 

Tome. 

{Dem.) 

(i?g;.) 

2,711 

2,541 

2,703 

2,403 

22,874 

14,762 

5,209 

3,054 

1,073 

908 

1,269 

1,198 

2,858 

2,588 

2,536 

3,676 

1,575 

1,400 

2,039 

1,766 

4,671 

5,068 

2,553 

1,891 

1,497 

1,153 

1,907 

1,698 

2,257 

1,840 

2,285 

2,191 

2,046 

1,690 

1,512 

1,404 

1,751 

1,641 

1,703 

1,569 

3,740 

3,652 

1,680 

1,005 

1,504 

72  s 

67,687  66,760         73,908  58,820 

Majority  for  Greeley,  927.    Whyte's  majority,  15,088. 


30 


VOTE  FOR   MEMBERS   OP  CONGRESS   IN  1872, 


THE  VOTE  FOR  MEMBERS  OF  CONGRESS  IN  1872. 


Spence. 
Ind. 


First  Congre^sioiial  District. 

Wilpon. 
D.L. 

Worcester 1,800  1,149 

Somerset 1,200  1,609 

Wicomico 1,533  1,117 

Dorchester 1,783  1,872 

Talbot 1,546  1,664 

Queen  Anne's 1,852  1,653 

Caroline 1,072  1,107 

Kent 1,678  1,655 


12,464       11,826 
Majority  for  Wilson,  638. 


Second  Congressional  District. 

Archer.  Hancock. 

B.  L.  E. 

Cecil 2,223  2,544 

Carroll 2,556  2,586 

Harford 2,222  1,976 

Baltimore  county.. 3,590  3,197 


10,591 
Majority  for  Archer,  288. 


10,303 


Third  Congressional  District. 

O'Brieu.  Turner. 

Wards.                          D.  L.  Ind. 

1 1,374  1,041 

2 1,057  699 

3 1,051  1,022 

4 877  573 

5 1,107  1,406 

6 851  1,319 

7 1,295  1,127 

8 1,274  572 

9 784  587 


9,675         8,346 
O'B's  maj.  1,329 ;  Dem.  maj.  5,253 


Fourth  Congressional  District. 

Swanu.    Gri^wold. 

Wards,  I).  L.  I.  D. 

10 1,178             809 

11 1,Q33            968 

12 969            728 

13 960            791 

14 1,081            738 

15 1,259  1,330 

16 1,396  1,508 

18 1,596  1,513 

19 1,320  1,179 

20 1,356  1,322 


Total 12,148       10,916 

Sjvann's  maj.  l,232;Dem.  maj. 2, 456 


Fifth  Congressional  District. 

Albert. 


Merrick 
D.  L. 

Anne  Arundel 2,289 

Calvert 719 

Charles 1,237 

Howard 1,209 

Prince  George's. .  .1,707 

St.  Mary's 1,172 

Balto.  CO \     f.f.(. 

1st,  13th  dis....  C     ^^^ 

Balto.  city \  ^  „^q 

17th  ward P'*^"^ 


10,300 
Albert's  majority,  1,105. 


Rep. 

2,542 

1,068 

1,5S6 

1,306 

2,250 

1,534 

657 
552 

14,405 


Sixth  Congressional  District. 

Ritchie.  Lowudes. 

n.  L.  Rep. 

Allegany 2,646  3,611 

Washington 3,385  3,635 

Frederick 4,301  5,092 

Montgomery 2,213  1,920 


12,545 
Lownde's  maj.  1,713. 


14,258 


STATE   ELECTION  OF  1878.  31 


THE     STATE    ELECTION    OP    1873, 

The  following  is  the  vote  for  the  State  Ticket  for  the  whole  State  : 

Comptroller.  Clerk  Court  of  A2)1kuIs. 

Counties.                   Woolford.    Ooldsliorough.       Fniiikliu.  Price. 

Derii.                 Jlvp.                   Bern.  liej}. 

Allegany, 2,235             2,221             2,299  2,278 

Anne  Arundel, 2,853             2,431             2,s(i0  2,42(5 

Baltimore  city 28,332           13, 'UT           27,37(5  13,092 

Baltimore  county, 4,820              3.578              4,786  3,(516 

Calvert, 1,025              1,096              1,028  1,095 

Caroline, 1,237             1,189             1,240  1,186 

Carroll, 2,9()4             2,666             2,959  2,664 

Cecil 2,S67              2.516              2.867  2,512 

Charles, 1,235             l,:-.-.'8             1,233  1,334 

Dorchester, 2,119             1,766             2,118  1,767 

Frederick, 4,310             4,797             4.316  4,788 

Garrett 735                 653                728  658 

Harford, 2,590              2,014              2,514  2,061 

Howard, 1,393             1,332             1,394  1,331 

Kent, 1,876             1,695             1,878  1,695 

Mcmt^omcrv, 2,369              1,908              2,373  1,903 

Prince  George's, 2,203              2,429              2,262  2,429 

Queen  Anne's, 1,906             1,584             1,904  1,584 

St.  Marv's, 1,468              1,485              1,485  1,454 

Somerset, 1,790              1,743              1,823  1,784 

Talbot, 1,660              1,713              1,709  1,698 

Washington, 3,653              3,606              3,667  3.589 

Wicomico 1,865             1,102             1,936  1,088 

Worcester, 2,086             1,169             2,116  1,167 

79,607           59,668           78,371  53,979 

Woolford's  majority,  19,933  ;  Franklin's  majority,  19,392. 

The  vote  for  Governor  in  1871,  was,  Whyte,  democrat,  73,908; 
Tome,  republican,  58,820.     Whvte's  majority,  15,088. 

The  vote  for  President  in  1872,  was,  (Sreeley,  67,687;  Grant,  66,760. 
Greeley's  majority,  927. 

BALTIMORE     CITY. 

The  following  is  the  vote  of  Baltimore  city  for  the  various  officers 
named : 


Comptroller. 

Woolford,  dem 28,332 

Goldsborough,  reform, 13,647 


Majority  for  Woolford..  .14,685 

Clerh  Court  of  Appeals. 

Franklin,  dem 27,376 

Price,  reform 13,092 


Majority  for  Franklin. . .  14,284 


Sheriff. 

Albert,  dem 26,483 

McClintock,  reform 13,652 


Majority  for  Albert 12,831 

Clerh  Circuit  Court. 

Brewer,  dem 27,059 

Kennard,  reform 12,997 


Majority  for  Brewer 14,062 


BALTIMORE   CITY 


City  Surveyor.  ] 

Martenet,  dem 27,256 1 

Bryson,  reform 14,041 


Majority  for  Martenet. . .  13,215 
ClerTc  Superior  Court. 

Robinson,  dem 27,149 

Herring,  reform 12,756 


Majority  for  Robinson.. .  14,393 

Clerh  Court  of  Common,  Pleas. 

Rasin,  dem 27.034 

Ridgaway.  reform 13,309 


Majority  for  Rasin 13,425 


ELECTION,   1873. 

Clerh  City  Court. 

Robertson,  dem 27,346 

Si^ear,  (deceased  before  the 

election) 8,387 

Harrison,  reform 3,170 

Majority  for  Robertson 
over  Spear  &  Harrison  15,798 

OlerTc  Criminal  Court. 

McKewen,  dem 27,231 

Krantz,  reform 13,158 

Majority  for  McKewen.  14,073 

Register  of  Wills. 
Brown,  dem.  (no  opposit'n)  27,596 


Democrats. 

McCosker 10,336 

Th.  H.  Hamilton 10,367 

*Cooper 12,675 

Ch.  R.  Hamilton 10.361 

McWilliams 10.352 

Foster 10,369 


First  Legislative  District. 
Houne  of  Delegaten. 

■  Reformers. 

Regcbter 4,694 

Brevrer 4,573 

Michael 4,539 

Henderson 4,529 

AVolford 1,126 

Clarey 4,401 


Scattering,  11.      *Indorsed  by  the  Reformers. 

Second  Legislative  District. 

Senator. 
Democrat.                                    r           Reformer. 
Stevens 7,792 1   Carson 4,390 

Majority  for  Stevens,  3,402. 

House  of  Delegates. 
Democrats.                                   j           Reformers. 
Stavlor 8.329    Denison 4,218 


Stewart 8,277 

McAleese 8,291 

Gill 8.315 

Hart 8,2<J6i 

Loane 8,363  \ 

Scattering,  11. 


Cross 4.212 

Preston 4,255 

A.  Worth  Spates 4,186 

Cassell 4,226 

Benson 4,176 


Third  Legislative  District. 
House  of  Delegates. 

Democrats.  I  Reformers. 

Greenfield   12,292 

McColgan 8,986 

Harig 9,071 

Joyce 8,983 

Groh 8,933 

Fenton 8,975 


Weaver 4,793 

Sharp 4,759 

Wriijht 4,744 

Shcc]<els 4,719 

Blackiston 4,600 


BALTIMORE   CITY   ELECTIONS. 


83 


BALTIMORE    MUNICIPAL    ELECTION, 

OCTOBER,  1873. 


The  official  vote  for  Mayor,  Judge  of  the  Supreme  Bench,  and  Mem- 
bers of  the  City  Council,  is  as  follows: 

ISTiJ.  1871.  18T3. 

Mayor.  Mayor.  Judge. 

Wabds.                        Vansant,         Carson,  Vansant,       Dunlap,  *Browx. 

{De7n.)              {Rep.)  (Bern.)             {Rep.)  (Dern.) 

1 1,195                803  1,006            490  1,960 

2 989                416  864            425  1,379 

3 1,205                039  933             601  1,777 

4 1,177               273  792            291  1,421 

5 1,222               870  1,013             824  1,972 

6 990                785  898             691  1,691 

7 1,353               658  1,217            408  1,916 

8 1,183               284  1,248            234  1,445 

9 1,047               290  687             300  1,317 

10 1,182               486  843             425  1,591 

11 867               008  840            504  1,456 

12 819               438  858            360  1,211 

13 731               478  722            479  1,181 

14 783               544  857            465  1,301 

15 1,541               876  1,055            996  2,389 

16 1,215               906  966             939  2,172 

17 1,700               459  786             264  2,149 

18 1,411             1,099  1,079             939  2,442 

19 1,045               7U4  873             574  1,778 

20 1,038               824  968             704  1,933 

22,753           12,050  18,311        10,973  34,481 
Vansant's  majority,  10,103;  in  1871,  7,338. 
The  vote  of  the  Mayor  is  compared  with  the  vote  of  1871. 

*  George  Wm.  Brown,  for  Chief  Judge  of  the  Supreme  Bench,  had 
no  opposition. 


34 


BALTIMORE   CITY   ELECTIONS. 


CITY    COUNCIL.  — First    Branch. 


Wards.        Democeatic. 

1.  Edw.  J.  Flaherty 

2.  E.  Hergeslieimer 

James  Lo^jau,  Jr 1 


3. 

4. 

5. 

6. 

7. 

8. 

9. 
10. 
11. 
12. 
13. 
14. 
15. 
16. 
17. 
18. 
19. 
20. 


C.  W.  Lewis 

Stanley  Hynson  . . 
John  L.  Baker  . . . 

.James  Bond 

Michael  J.  Owens. 
Telfair  Marriott. . 


W.  T.  Browning 1 

Wm.  Conn 

Jos.  S.  Heuisler 

Otis  Keilholtz 1 

Geo.  U.  Porter 1 

Thomas  H.  Rice 1 

J.  Freeburger 1 

John  T.  Langville  . . . .  1 

Dr.  Linthicum 1 

John  T.  Ford 

Dr.  Chancellor  .......  1 


906 
993 
,253 

,164 
,234 

989 
,371 

,187 
827 
,028 
788 
802 
,149 
,284 
,530 

,454 

,389 

995 

,013 


Wards.  Reform. 

1.  James  T.  Kirby 1,108 

2.  Henry  Sander 878 

3.  Geo.  W.  Gordon 646 

4.  Nath.  Applegarth 283 

5.  Jacob  Grape 864 

6.  Wm.  Carback 775 

7.  Noah  Gill 688 

8.  John  A.  Mngness 273 

9.  Telfair  Marriott 827 

10.  Thomas  N.  Webb 483 

11.  Fred.  J.  Brown 142 

12.  G.  J.  Zimmerman 488 

13.  Otis  Keilholtz 1,149 

14.  Geo.  U.  Porter 1,284 

15.  Edw.  H.  Fowler 904 

16.  S.  J.  Robinson 972 

17.  Perry  C.  Orem 578 

18.  Isaac  McCuriey 1,104 

19.  Edwin  Higgins 842 

20.  James  W.'jordan 989 


Second    Branch. 


Wards. 

1  and    2. 

3  and    4. 

5  and    6. 

7  and    8. 

9  and  10. 
11  and  12. 
13  and  14. 
15  and  16. 
17  and  18. 
19  and  20. 


Democratic. 
Chas  Streeper.. .  2,264 
John  K.Carroll.  2,438 
Hy.  M.  Staylor.  2,165 
Geo.  Rinehart.  .  2,559 
Henry  Seini....  2.761 
Col.  H.  D.  Loney  2,704 
John  S.  Hogg  .  .  1,480 
Wm.  J.Murray.  2.760 
Chas.  A.  Wheeler  3,098 
Geo.  A.  Kirk  . . .  3,098 


Wards.  Reform. 

1  and  2.  G.  W.  Donahue.  1,178 
3  and  4.  Albert  C.  Page..  899 
5  and  6.  J.  C.  Fenhagen..  1,672 
7  and    8.  David  Creamer.      Ill 

9  and  10.  Henry  Seim 2,761 

11  and  12.  Col.  H.  D.  Loney  2,704 
13  and  14.  J.  E.  Weatherby  1,053 
15  and  16.  W.  H.  Lefevre. .  1,849 
17  and  18.  Felix  McCuriey  1,657 
19  and  20.  L.  Foreman 1,773 


INDEPENDENT    CANDIDATES.— First   Branch. 

9th  Ward. — George  W.  Hardesty,  (democrat) 500 

10th  Ward.— John  W.  Bechtel,  (republican,) 180 

11th  Ward. — J.  Faris  Moore,  (republican,) 590 

17th  Ward. — Henry  Summers,  (democrat,) 141 


THE    VOTE    FOR    STATE    AND    COUNTY 
OFFICERS— 1873. 


The  following  is  the  official  vote  for  the  State  and  County  officers 
ALLEGANY  COUNTY. 

Comptroller.— Wo6\fovA,  D.,  2,235  ;  Goklsboroush,  R.,  2,291. 

Clerk  of  Court  of  Appeals.— FrAnkVm,  D.,  2,299  •"  Price,  R.,  2,278. 

State  /b'cnate.— McCulloh,  D.,  1,737  ;  Spates,  *D.,1,222 ;  Johnson,  R., 
1,489. 

House  of  Delegates.—^.  F.  Harrison,  *D.,  1,001 ;  Thomas  McElfish, 
*D.,  803;  John 'Sammon,  *D.,  605;  F.  M.  Gramlich,  D.,  1,561;  .John 
J.  Callairan,  D.,  1,508;  Henry  Hanekanip,  D.,  1.889;  Frank  G.  Ncff, 
D.,  1,295;  Tliomas  Brown,  I.,  706;  C.  B.  Wack,  R.,  2,122  ;  John  Weir, 
R.,  2,246;  Wm.  Brace,  jr.,  R.,  1,973;  James  Park,  R.,  2,040. 

Chrh  of  Circuit  Court.— Rovdce  Resley,  *D.,  1,508 ;  John  B.  Wi- 
dener,  D.,  1,308;  Theodore  Luman,  R.,  1,768. 

Register  of  MZfe.— Elijah  Fuller,  *D.,  1,140  ;  George  G.  McKay,  D., 
1,544;  C.  C.  Shriver,  R.,  1,834. 

81\eriff.—:io\m  C.  Brady,  *D.,  305;  Andrew  Gender,  D.,  1,562; 
George  J.  Elliott,  I.,  93;  Henry  Bepler,  I.,  316;  Jas.  C.  Lynn,  R.,  2,300. 

County  Commissiojiers. — S.  L.  Wagoner,  *D.,  804;  Peter  Cain,  *D., 
845;  Thomas  Twiccg,  *D.,  907;  U.  Duckworth,  *D.,  833;  Joseph 
Logsdon,  D.,  1,436-^  H.  H.  Yonker,  D.,  1,368;  George  Robinette,  D., 
1,343;  James  W.  Wilson,  D.,  1,523;  Henry  Sovster,  D.,  1,323;  A.  C. 
Greene,  R.,  2,461 ;  A.  Trail,  R.,  2,283  ;  Wm.  R.  Beall,  R.,  2,320;  B.  L. 
Turner,  R.  2,278 ;  George  Reuschlein,  R.,  2,383. 

County  Surveyor. — Jo'nathan  C.  Mullen,  *D.,  817;  James  H.Ward, 
D.,  1,480;  Daniel  Chishoim,  R.  2,297. 

R,  republicans;  *D,  Spates  and  Resley  democrats;  D,  anti-Spates 
and  Resley  democrats;  I,  independent. 


ANNE    ARUNDEL     COUNTY. 

Comptroller. — Woolford.  D.,  2,899;  Goldsborough,  r.,  2,440. 

Clerk  of  Court  of  Appeals. — Franklin,  D.,  2,960;  Price,  r.,  2,426. 

Clerk  of  Circuit  Court.— Uarvfood,  2,939  ;  Hall,  2,426 ;  Wm.  Fenby 
Anderson,  305. 

JIo use  of  Delegates.— Dem.  Robinson,  2,836;  Hinkle,  2,769;  Nutwell, 
2,720.  i?<?j!>.  Haguer,  2,459 ;  Baldwin,  2,339 ;  Murray,  2,411;  Rich,  109  ; 
Sellman,  29  :  Calhoun,  7. 

Sheriff.— Cixrr, ;  Ireland, . 

County  Commissioners. — Dem.  Caulk,  2,807 ;  Lusby,  2,655 ;  Rock- 
hold,  2,787  ;  Weems,  2,799  ;  Prout,  2,806 ;  Shipley,  2,835  ;  WarHeld, 
2,776.  72<';5.— Hopkins,  2,399 ;  Ridout,  2,423  ;  Wartield,  2,375;  Cole, 
2,387;  AValton,  2,265;  Owens,  2,382. 

Surveyor. — Amos  R.  Harman,  d,  2,833 ;  Richard  L.  Brown,  k,  2,351. 


36  THE   COUNTY   VOTE. 


BALTIMOEE     COUNTY. 

C(ymptrolIer.—V^ oo]foTd,  d.,  4,820 ;  Goldsborougb,  r.,  3,578. 

Clerk  of  Court  of  Appeals. — Franklin,  d.,  4.786;  Price,  r.,  3,616. 

Honse  of  Delegates. — Dem.  Fowler  4.814;  IMerr^'man,  4,770:  Bricker- 
man.  4.803  :  Matthews,  4,611  ;  Turner,  jr.,  4,670  ;"  Keech,  4.865.  Rep.— 
Hooi:)er,  3,633;  HolTman,  3,593;  Brady,  3,602;  Whitelock,  3,563; 
Abbott,  3,565  ;  Jones,  3,532. 

Cleric  of  Circuit  Cmirt. — Bacon,  c,  4,791 ;  Emory,  r.,  3,584. 

Register  of  "n7?k— Mitchell,  d.,  4,841 ;  Turner,  r.,  3,538. 

Sheriff.— Bvit\eT,  d.,  4,674 ;  Everhart,  r.,  3,661. 

Trea^surer. — Partlett,  d.,  4,799;  Longnecker,  r.,  3,579. 

County  Commissioners. — Bern.  McCaulev,  4.436  ;  Rider,  4,567 ;  Jor- 
dan, 4,601.     i?e^.— Matthews,  3,794;  Corre,  3,734:  Miller,  3,754. 

Suneyvr. — Wm.  H.  Shipley,  4,692;  (no  opi^osition.) 


CALVERT     COUNTY. 

Comptroller.— 'SS[ocMordi,  D,  1,025:  Goldsborough,  r,  1.096. 

Clerh  of  Court  of  Appeals. — Franklin,  d,  1.028 :  Price,  r,  1,095. 

Clerk,  of  Circuit  Court.— SoWera,  d,  1,037;  Bassford,  r,  1,063. 

Register  of  Wills.— Smith,  d,  1,004;  Dr.  B.  S.  Dixon,  r,  1,099. 

House  of  Delegates. — Dem.  Owens,  of  S.,  1,017  ;  Sedwick,  997.  Rep. 
Turner,  1,084  ;  Dr.  Bird,  1,122. 

County  Commissioners. — Dem.  Alex.  Somerville.  1.003;  C.  R.  Belt. 
982;  Dr.  J.  F.  Ireland,  988.  i?ep.— Perry  Ross.  1,122;  R.  W.  Yoe, 
1,135:  W.  C.  Fowler,  1,114. 

Sheriff.— Vi'm.  A.  Gibson,  d,  890;  Frank  Cox,r,  1,138. 


CAROLINE     COUNTY. 

Comptroller. — Woolford,  D,  1,237;  Goldsborough,  r,  1,189. 

Clerk  of  Court  of  Appeeils.—FmnkYm.  d,  1.240;  Price,  r,  1,186. 

Slate  Senate.— t).  Fields,  d,  1.219;  A.  J.  Willis,  r,  1,187. 

House  of  Delegates. — Dem.  AV.  H.  Dewees,  1,201 ;  J.  F.  Dawson,  1,261. 
7?^A— H.'W.  McColley,  1,162:  J.  H.  Williams.  1,210. 

Cleric  Circuit  Court.— 3.  W.  Temple,  d,  1,215;  S.  M.  West,  r..  1,210. 

Sheriff.— 3.  E.  Johnson,  d.  1,234;  T.  F.  Corkran.  r,  1,194. 

Register  of  Wills.— J.  B.  Steele,  d,  1,240;  Wm.  Stevens,  r,  1,186. 

County  Commissioners.— Dem.  H.Wilson,  1,230;  J.  M.Whitby,  1,237; 
R.  Y.  Collins,  1,225.  Rep.  J.  T.  Hynson,  1,179;  S.  31.  Carter,  1,189; 
Wm.  Noble,  1.213. 

Surveyor.— E.  W.  Gordy,  B,  1,219:  S.  H.  Nelson,  r,  1,182. 


THE   COUNTY   VOTE. 


CARROLL    COUNTY. 


Comptroller.— WooUovd,  D.,  2,959  ;  Goldsborougb,  R.,  2,CG0. 

Clerk  of  Court  of  Appeals.— YrnnkVm,  D.,  2,959;  Price,  r.,  2,000. 

House  of  Delegates.— Dem.  Waters,  2,980;  Vanderlbrd,  2,934; 
Brown,  2,877 ;  Gait,  2,977.  7?ep.— Switzer,  2,628;  Winemiller,  2,095  ; 
Myerly,  2,589;   Ways,  2,652. 

'Register  of  Wills.— ^(AV/.,  c,  2,882 ;  Norris,  r.,  2,715. 

Clerk  of  Circuit  Cowrt— Shaw,  d.,  2,903 ;  Stouffer,  r.,  2,650. 

iSAm;?'.— Devilbliss,  D.,  2,949 ;  Gardner,  r.,  2,657. 

Counti/  Commissioners. — Dem.  McKinstry,  3,028;  Devrics,  2.928; 
Murray,  2,910.     i?e/h— Shipley,  2.654 ;  Reese,  2,692;  Hough,  2,023. 

2V<?as?fm-.— Bush,  D.,  2.912;  Plant,  r.,  2,604. 

Surveyor. — Hojipe,  d.,  2,898;   Welt,  r.,  2,003. 


CECIL    COUNTY. 

Covifitroller.—WoolfoviX,  d.,  2.867;  Goldsbnrnngh,  r.,  2,51«. 

Clerk  of  Court  of  Appeals. — Franklin,  d.,  2,807;  Price,  r.,  2,512. 

Clerk  of  Circuit  Court,— Kxlhm  M.Mitchell,  d,  2,943;  Palmer  C. 
Strickland,  R.,  2,428. 

Register  of  Wills. — Reuben  D.  Jamar,  d,  2,833;  John  M.  Ireland,  r, 
2  533. 
"''  State  Senator.— Wm.  M.  Knight,  D,  2,833;  Job  Haines,  r,  2,533. 

House  of  Delegates. — Dem.  James  B.  Groome,  2,932  ;  Jas,  A.  ^lackey, 
2,801 ;  Jas.  Turner,  2,893.  i?.'^.— Geo.  Ricketts,  2,485 ;  Jesse  R.  Coul- 
son,  2,467;  John  AV.  Falls,  2,431. 

Count)/  Commissioners. — Dem.  Joseph  Biggs,  2,760  ;  Robert  E.  Brom- 
well,  2859;  John  E.  Gillespie,  2,825.  i^f;y.— Thomas  P.  Jones,  2,417; 
Jas.  C.  Crothers,  2,503 ;  Wm.  T.  West.  2,502. 

Sherif.—V^m.  W.  Scott,  d,  2,897 ;  Geo.  W.  Bouldcn,  r,  2,401. 

County  Surveyar.— Caleb  C.  Brokaw,  d,  2,829 ;  AVm.  T.  Bye,  r,  2,544. 


CHARLES    COUNTY. 

Comptroller.— Woolford,  D..  1,235  ;  Goldsborough,  r.,  1,328. 

Clerk  of  Court  of  Appeals.— FrdnkWn.  v..  1,233  ;"  Price,  r.,  1,334. 

Clerk  of  Circuit  Court. — Iliintt,  d.,  1,233;  Stouestreet,  i.  d.,  1,357. 

State  Senate. — Peregrine  Davis,  d.,  1,201 ;  Dr.  George  D.  Mudd,  r., 
1,348. 

House  of  Delegates. — Andrew  G.  Chapman,  d.,  1,203;  Richard  P. 
Wall,  D.,  1,200;  Daniel  W.  Hawkins,  r.,  1,315;  Dr.  F.  M.  Lancaster, 
I.  D.,  1,363. 

Register  of  Wills. — Joseph  Stewart,  D.,  1,225;  Marcellus  Thompson, 
I.  D.,  1,328. 

Slwr^ijf.— John  R.  Murray,  d.,  1,265;  Wm.  L.  Cooke,  i.  d.,  1,303. 


38  THE   COUNTY   VOTE, 

County  Commissioners. — Dem.  Josej)!!  Price,  1,181 ;  Joseph  T.  Ward, 
1,190;  Wm.  E.  Dement,  1,175;  Pliilip  A.  Sasscer,  1,207;  Francis 
Dunnino:ton,  1,183.  In.  JDem.—F.  A.  L.  Contee,  1,344;  Wm.  W.  Ware, 
1,332;  Albert  Milstcad,  1,374;  A.  W.  Marlowe,  1,327;  Zacbariah 
Svvann,  1,330. 

Count!/  Surveyo7'. — James  L.  Brawner,  d.,  1,228. 

In  consequence  of  a  failure  to  deliver  the  registration  lists  to  the 
judges  of  election  in  Bryantown  district,  Charles  county,  at  the  proper 
time,  there  was  no  vote  taken  in  that  district. 


DORCHESTER    COUNTY. 

Comptroller. — Woolford,  d.,  2,319;  Goldsborongh,  r.,  1,776. 

CIcrh  of  Court  of  Appeals  — P^anklin,  D.,  2,118  ;'  Price,  r.,  1,767. 

Clerk  of  Circuit  Court. — Henry,  d.,  2,161  ;  Mobray,  ii.,  1,725. 

Register  of  Wills. — Edward  W.  Le  Compte,  no  opjjosition. 

State  Benator. — Francis  P.  Phelps,  d.,  2,081 ;  Dr.  E.  G.  Waters,  R., 
1,764. 

House  of  Delegates. — Bern.  Jas.  J.  McCordy,  2,116;  Oliver  Johnson, 
2,110;  Eugene  Hudson,  2,101.  Rep. — Frazier,  1,769;  Messick, 
1,767;  Langrell,  1,754. 

County  Commissioners. — Dem.  Charles  Lake,  Kendall  M.  Jacobs  and 
Wm.  M.  Spedden. 

Sheriff. ~\Nm.  Hurlock,  d.,  2,107;  Wm.  M.  Wbeatley,  r.,  1,779. 

County  Surveyor. — J.  W.  B.  Todd,  D. 


FBEDERICK    COUNTY. 

Comptroller. — Woolford,  d.,  4,310;  Goldsborough,  r.,  4,797. 

Clerk  of  Court  of  Appeals. — Franklin,  d.,  4,316  ;  Price,  r.,  4,788. 

Clerh  of  Circuit  Court. — Fitzhugh,  D.,  4,474  ;  Gorsuch,  r.,  4,581. 

House  of  Delegates. — Dem.  Randolph  G.  Barrick,  4,252;  James  K. 
Waters,  4,310 :  Ezra  Minnick,  4,321  ;  Henry  T.  Deaver,  4,302  ;  Joseph 
Byers,  4,367.  Rep.— ioh  M.  Miller,  4,808 ;  Andrew  Annan,  4,699 ; 
John  A.  Koons,  4,874  ;  Lewis  Lamar,  4,768 ;  John  L.  Nicodemus, 
4,722. 

Register  of  Wills. — Peter  Sahm,  d.,  4,396;  John  R.  Rouzer,  r., 
4,678. 

Sheriff.— kr[i\iony  McBride,  d.,  4,328;  Thomas  H.  Williard,  R., 
4,698. 

Surveyor. — William  H.  Hilleary,  D.,  4,383 ;  John  S.  Ramsburg,  r., 
4,712. 

County  Commissioners. — Dem.  Herman  D.  Ordeman,  4,279 ;  Ezra 
M.Thomas,  4,345;  Elias  Blickinstaif,  4,305;  John  R.  Mills,  4,230; 
David  S.  Firor,  2,281.  Rep.— Gaorga  T.  Whip,  4,804 ;  Lewis  Craw- 
ford, 4,757;  A.  W.  Nicodemus.  4,644;  Zachariah  G.Harris,  4,784; 
John  W.  Staub,  4,635. 


TUK    COUNT V    VOTE.  89 


GARRETT     COUNTY. 

Comptroller. — Woolford,  d.,  734     Goldsborough,  r.,  053. 

Clerk  of  Court  of  Appeals. — Franklin,  D.,  728  ;  Price,  R.,  658. 

State  Senator. — Getty,  no  opposition. 

House  of  Delegates. — Dem.  West,  525  ;  Hinebaugh,  329.  Rep. — 
Glotfeltz,'525;  Thayer,  420.     Peoples.— ^vy don,  400';  Browning,  490. 

County  C/^/1-.— Towers,  r.,  1,120;  Broadwater,  290. 

<Stof^^' .4«<?m€y.— Wolfe,  R.,  898;  Hamill,  476. 

Judges  of  Orphans'  Court.— Rep.  Dewitt,  1,015;  Harvey,  1,010; 
Friend,  985.     i'e??i.— Wilson,  392;  Miller,  404;  Browning,  354. 

Register  of  M&— Rawbruys,  800;    Griffith,  439. 

iSVi^Wrf.— Jamison,  d.,  748  ;  AVhite,  500. 

(Swr«e«/or.— Mason,  d.,  698;  Ambrose,  r.,  655. 


HARFORD    COUNTY. 

CWpiroZZ^T-.— Woolford,  d.,  2,590 ;  Goldsborough,  r..  2.004. 

Cleric  of  Court  of  Appeals. — Franklin,  d.,  2,514;  Price,  r.,  2,061. 

State  Senate.— \\&\s\\,  d.,  2,436  ;  Frieze,  r.,  2.122. 

Home  of  Delegates.— Dem.  Riley,  2,599 ;  Grafton,  2.604 ;  Lee,  3,630. 
i?ep.—Rodgers,  1,978;  Haviland,  1,948;  Wetherill,  1,955. 

Clerk  of  Circuit  Court. — Jarrett,  d.,  2,407;  Allen,  r.,  2,150. 

Register  of  Wills. — Richardson,  d..  2,629  ;  Spicer,  r.,  1,977. 

Sheriff.— Jarrett,  d.,  2,466;  Love,  r.,  2.114. 

County  Commissioners.— De)n.  Ady,  2,517;  Reasin,  2,590;  Cain, 
2,576;  Scarff,  2,507;  Heaps.  2,591.  i?fj9.— Standiford,  2,005;  Walker, 
1,901;  Amos,  2,043;  Ball,  2,000;  Harlan,  2,030. 

Surveyor. — McNabb,  d.,  2,573;  Pyle,  r.,  1,998. 


HOWARD    COUNTY. 

Comptroller. — Woolford,  d..  1,393;  Goldsborough,  r.,  1,342. 

Clerk  of  Court  of  Appeals. — Franklin,  d.,  1,394  ;  Price,  1,331. 

House  of  Delegate. — Dem.  Maclin,  1,391;  Stewart,  1.359.  Rep. — 
Morehead,  1,345;  Donelson,  1,312. 

Clerk  of  Circuit  Court. — Watkins,  c,  1,302  ;  Henderson,  r.,  1,336. 

Register  of  Wills. — Dorsey,  d.,  1,411 ;  Ijams,  R.,  1,304. 

Sheriff. — Buckingham,  D.,  1,344;  Dorsey,  r.,  1,347. 

County  Commissioners. — Dem.  Berry,  1,401;  Brown,  1,373;  Mercer, 
1,350.     jBep.— Barlow,  1,359;  Dashiell,  1,318;  Newton,  1,350. 

Surveycfr.—Lucj,  D.,  1,382;  Cragg,  r.,  1,327. 


KENT    COUNTY. 


Comptroller. — Woolford,  d.,  1,876  ;  Goldsborough,  r.,  1,695. 
Cla-k  of  Court  of  Appeals.— FrankVm,  v.,  1,878;  Price,  r.,  1,694. 
Clerk  of  Circuit  Court. — Blackiston.  d.,  1,798;  Burchinal,  r.,  1,751. 
Register  of  Wills. — Stevens,  d.,  1,819;  Kendall,  r.,  1,737. 
36 


40  THE    COUNTY    VOTE. 

Legislature. — Dem.  Merritt,  1,865;  Hines,  1,817.  Rep. — Barnard, 
1,700;  Ayres,  1,691. 

Sheriff.— Vlummev,  1,845  ;  Wills,  r.,  1,715. 

Cotinty  Commissioners. — Dem.  Griffith,  1,855;  Roseberry,  1858; 
Wilson,  1,847.  i?ep.— Harper,  1,699;  Emory,  1,717;  McWhorter, 
1,685. 

Surveyor. — Smith,  D.,  1,114;  Gresham,  r.,  1,704. 

Local  Option. — For,  1,121 ;  against,  697. 


MONTGOMEBY    COUNTY. 

Comptroller.— WooMoxA,  d.,  2,369;  Goldsborongh,  r.,  1,908. 

Clerh  of  Court  of  Appeals.— ¥Y&\\kVm  d.,  2,372  ;  Price,  r.,  1,903. 

^^«.a<<?.— Brewer,  D.,  2,346  ;  Hallowell,  r.,  1,927. 

Bouse  of  Delegates.— Dem.  Fletchall,  2,195 ;  Watkins,  2,273 ;  Clark, 
2,394.     i?ep.—Snper,  1,890;  Lansdale,  1,888;  Conley,  1,904. 

County  CZfrL— Prettyman,  d.,  2,237;  Vinson,  r.,  2,012. 

Register.— QavtGT,  d.,  2,362;  Allnut,  r.,  1,890. 

County  Commissioners.— Dem.  Dorsev,  2,330 ;  Waters,  2,284 ;  Dade, 
2,352;  Lyddane,  2,101;  Cashell,  2,296.  i?e;>.— Brown,  1,910;  War- 
then,  1,923;  Fawcett,  2,079 ;  Offutt,  1,908;  Thomas,  1,932. 

Sheriff.— Waters,  v.  2,356;  Watkins.  r.,  1,884. 

Surveyor.— Gradj,  d.,  2,355 ;  Keefe,  r.,  1,624. 


PEINCE  GEORGE'S  COUNTY. 

Comptroller. — Woolford,  d.,  2,263 ;  Goldsborongh,  r.,  2,429. 

ClerJc  of  Court  of  Appeals.— FrankVm,  D.,  2,262;  Price,  r.,  2,429. 

Senutor.-ClnTke,  d.,  2.292;  Suit,  r.,  2,366. 

mmse  of  Deleaates.—Dem.  Wilson,  2,279;  Guy,  2,331;  Stanley, 
2,285.     i2ep.— Etchison,  2,391 ;  Robey,  2,248  ;  Latchford,  2,372. 

County  CZe?'/t.— Brooke,  d.,  2,342  ;  Widdicombe,  r.,  2,349. 

Sheriff— \JndeT^\uwd,  d.,  2,182;  Wallis,  r.,  2,403. 

Cmmty  Commissioners.— Dem.  Hill,  2,255;  Clarke,  2.290;  Piles, 
2,241;  Turton,  2,220;  Jenkins,  2,262.  i2e;>.— Hill,  2,420;  Duvall, 
2,386;  Brashears,  2,417;  Duvall,  2,427;  Lusby,  2,387. 

County  Surverjm'. — Bowie,  d.,  2,259  ;  Jackson,  R.,  2,425. 


QUEEN    ANNE'S    COUNTY. 

Comptroller. — Woolford,  d.,  1,906;  Goldsborongh,  r.,  1,584. 

Clerk  of  Court  of  Appeals.— YvawkVm,  d.,  1,904  ;  Price,  r.,  1,584. 

Clerk  of  Circuit  Court.— llohhs,  d..  1,878;  Dyott,  r.,  1,616. 

Register  of  M/k— Dudley,  d.,  1,878  ;  Hewitt,  r.,  1,589. 

Sheriff.— BsiWay,  d.,  1,900;  Hand,  r.,  1,589. 

I^eqislature. — Dem.  Thompson,  1,889;  Kemp,  1,858.  Rep. — Mal- 
lalieii,  1,605;  Ford,  1,598. 

County  Commissioners. — Dem.  Tanner,  1,873;  Hackett,  1,859;  Price, 
1,849.     Bep.— George,  1.617;  Ilayden,  1,611 ;  J.  Mallalieu,  1,625. 

County  Surveyor. — Elliott,  d.,  1,899;  Sheppard,  R.,  1,589. 

Local  Option. — For,  898;  against,  687. 


TUK    COUNTY    VOTE.  41 


ST.    MART'S    COUNTY. 

Comptroller. — "Woolford,  d.,  1,468;  Goldsborough,  r.,  1,485. 

Cleric  of  Court  of  Appeals. — Franklin,  d.,  1,485;  Price,  r.,  1,454. 

Senate. — Billingsley,  d.,  1,532  ;  .Jones,  ind.,  1,448. 

House  of  Delegates. — Bond,  u.,  1,406;  Colton,  i.  d.,  1,380;  Lawrence, 
R.,  1.322;  Miles,  r.,  781;  Stone,  d.,  506. 

Clerk  of  Circuit  Court. — Ford,  d.,  1,545;  Camalier,  r.  D.,  1,252;  Sut- 
ton, R.,  178. 

RegUterof  Wills. — Ralev,  d.,  1.530;  Love,  r.,  1,403. 

Sheriff.— FoxweW,  r.,  f.32S;  Alvey,  d.,  1,018;  Edwards,  D.,  616. 

Coxmty  Coi7imissioners.—¥-dVi^oiis,i.  D.,  1,402.  Bern. — Abell,  1,328; 
Tennison,  1,316;  Dorsey,  1,368;  Fenwick,  1,269. 


,  SOMERSET     COUNTY. 

ComptrolUr. — Woolford,  D.,  1.790;  Goldsborough,  r.,  1,743. 

Clerk  of  Court  of  Appeals. — Franklin,  1,823;  Price,  r.,  1,784. 

Register  of  Wills.— Gii\e,  D.,  1,832;  Gunby,  1,769. 

State  Seriat<y)\ — Brattan,  D.,  1,843;   Sterling,  R.,  1,755. 

Sheriff. -  AN  tiWer,  d.,  1,755;  Lankford,  r.,  1,850. 

House  of  DeUgates.—Dem.  Sudler,  1.818  ;  Miles,  1,749 ;  Stone,  1,785. 
i^ep.— Coulbourn,  1,807;  Duer,  1.802;  Lankford,  1,770. 

County  Commissioners.— Dem.  Davis,  1,761 ;  Powell.  1,813  ;  Blades, 
1,803.     i?ep.— Ford.  1,802;  Porter.  1.799;  White,  1,826. 

Surveyor'. — Williams,  d.,  1,759;  Briddell,  r.,  1,843. 


TALBOT     COUNTY. 

Comptroller. — Woolford.  D.,  1,672;  Goldsborough,  r.,  1.713. 

Clerk  of  Court  of  Appeals.— 'FrankVm,  d.,  1,709;  Price,  R.  1,698. 

Senate.— lAosd,  o.,  1,727;  Cowgill,  r.,  1,657. 

House  of  Delegates. — Dem.  Hammond,  d.,  1,647;  Kemp,  1,673. 
i?ep.— Valliant,  1,675;  Seth,  1,772. 

County  C^i'.— Turner,  D.,  1,766;  Dodson,  R.,  1,641. 

Registei'.—Ch&TiCG,  D.,  1,708;  Hope,  R.,  1,701. 

Sheriff.— Boon,  D.,  1,619;  Fitzjarrell,  R.,  1,764. 

County  CommiHsionem. — Bern.  Merrick.  1,729;  Harper,  1,716;  Kirby, 
1,788.     i?e/?.— Bartlett,  1,701;  Davis,  1,711;  Leaverton,  1,675. 

^wceyor.— Bateman,  d.,  1,627.;  Small,  r.,  1,706. 


WASHINGTON    COUNTY. 

Comptroller. — Woolford,  d.,  3.653  ;  Goldsborough,  r.,  3.606. 

Clerk  of  Court  of  Appeah.—YrixwYim,  d.,  3,067  ;  Price,  R.,  3,589. 

House  of  Delegates. — Dem.  Freaner,  3,704;  Grimes,  3,687:  Berrv, 
3,796;  Stake,  3,669.  i?«j9.— Eastburn,  3,503;  Lamar,  3,494;  Whitsoii, 
3,554 ;  Ardinger,  3,580. 


42  THE    COUNTY    VOTE. 

County  (7ZfrL— Oswald,  d.,  3,742;  French,  r.,  3,447. 

Sheriff.— Ma.r]s.er,  d.,  3,686 ;  Troup,  r.,  3,578. 

Register  of  Wills.— UiWuiTd,  d.,  3,842 ,  Walker,  r.,  3,370. 

Count!/  Commissioners. — Dem.  Brown,  3,625 ;  Young,  3,625 ;  Fess- 
ler,  3,665;  Funk,  3,708;  Seibert.  3,651.  Eep.— Smith,  3,573;  Hoffer, 
3,545 ;  Shafer,  3,592 ;  Harp,  3,625  ;  Charles,  3,592. 

Surveyor. — S.  S.  Downin — no  opposition. 


WICOMICO    COUNTY. 

Comptroller. — Woolford,  d.,  1,865;  Goldsborough,  r.,  1,102. 

Clerk  of  Court  of  Appeals. — Franklin,  d.,  1,936;  Price,  1,088. 

Cleric  of  Circuit  Court. — Toadvine,  d.,  1,574;  Toadvin,  i.  1,474. 

Register  of  Wills. — Birckhead,  d.,  1.550;  Brattan,  i.,  1,476. 

Sheriff.— lAoove,  d.,  1,531,  Wilson,  i.,  1,518. 

House  of  Delegates. — Dem.  Bedsworth,  1,499;  Humphreys,  1,495. 
Ind. — Leonard,  1,595  ;  Jones,  1,460. 

County  Commissioner's. — Dem.  Dennis,  1,485;  Pryor,  1,465;  Truitt, 
1,556;  Hopkins,  1,477;  Taylor,  1,503.  /n(^.— Laws.  1,525;  Adkins, 
1,498;  Parsons,  1,572  ;  Malone,  1,543;  Robertson,  1,549. 

County  Surveyor. — Disharoon,  D.,  1,429 ;  Foskey,  i.,  1,570. 


.    WORCESTER    COUNTY. 

Comptroller. — Woolford,  D.,  2.086 ;  Goldsborough,  r.,  1,169. 

CUrh  of  Court  of  Appeals. — Franklin,  d.,  2,110;  Price,  r.,  1,167. 

Clerh  of  Circuit  Court. — Matthews,  d.,  1,797;  Bishop,  r.,  1,583. 

Register  of  Wills. — Marshall,  c,  1,534;  Bratten,  i.,  1,835. 

Sheriff.— Foolis,  v.,  1,653;  Mason,  i.,  1,726. 

State  Senator. — Aydelotte,  c,  1,656;  Jacobs,  i.,  1,651. 

House  of  Delegates.— De7n.  Corbin,  1,645;  Onley,  1,650.  JmZ.  Mer- 
rill, 1,719 ;  Pruitt,  1,740. 

County  Commissioners. — Dem.  Young,  1,618;  Truitt,  1,736;  Collins, 
1,668;  Burbage,  1,674;  Taylor,  1,686.  7/2^.— Benson,  1,730;  Shock- 
ley,  1,780;  Collins,  1,645;  Hancock,  1,696;  Richards,  1,676. 

Surveyor. — Henderson,  d.,  1,668;   Richardson,  i.,  1,705." 

Wreck  Master. — Birch,  d.,  1,683 ;  Conner,  i.,  1,674. 


THE  ATTORNEYS   AT  LAW. 


The  Public  General  Laws,  Article  11,  contain  the  following  pro- 
visions relating  to  Attorneys  at  Law  : 

General  Provisions: 

Art.  11,  Sec.  1.  No  Attorney,  or  other  person,  shall  practice  law 
in  any  of  the  Courts  of  this  State,  without  being  admitted  thereto  as 
herein  directed. 

How  Applications  shall  he  Made. 

Sec.  2.  All  applications  for  admission  as  Attorney,  to  practice  law 
in  this  State,  shall  be  made  to  some  one  of  tlie  Circuit  Courts  for  the 
Counties,  (the  Supreme  Bench  of  Baltimore  City,)  or  to  the  Court  of 
Appeals,  in  oj)en  Court. 

QuaUflcations  of  Attornerjs. 

Sec.  3.  Upon  every  such  application  for  any  white  male  citizen  of 
Mill  viand,  above  the  age  of  twenty-one  years,  and  who  shall  have  been 
a  student  of  law  in  any  part  of  the  United  States,  for  at  least  two  years 
previous  to  said  application,  it  shall  be  the  duty  of  the  Court  to  whom 
such  application  shall  be  made,  to  examine  said  ai)plicant  upon  some 
day  during  the  regular  session,  touching  his  qualification  for  admission 
as  an  Attorney,  and  they  shall  also  require  and  receive  evidence  of  his 
])robity  and  general  character,  and  if  upon  such  actual  examination, 
and  being  satisfied  that  he  has  been  a  student  of  law  at  least  two 
years  as  aforesaid,  and  having  heard  evidence  of  his  probity  and  gen- 
eral character,  the  said  Court  shall  be  of  the  opinion  that  said  appli- 
cant is  qualified  to  discharge  the  duties  of  an  Attorney,  and  worthy 
to  1)6  admitted,  they  shall  admit  him,  and  the  said  Court  is  authorized 
to  admit  to  practice  law,  any  graduate  of  the  Law  Department  of  the 
University  of  Maryland,  upon  the  production  of  his  dijjloma  as  bach- 
elor of  laws,  without  further  examination,  or  evidence  of  his  qualifi- 
cation.—1873,  ch.  91. 

Court  ft  to  Oive  a   Certijieate. 
Sec.  4.  The  Court  admitting  an  ap])l leant  to  practice  law,  shall 
give  a  certificate,  an  authenticated  co])y  of  which,  shall  entitle  the 
applicant  to  practice  in  any  of  the  Courts  of  this  State. 

Not  Entitled  to  a  Second  Hearing  for  Twelve  Months. 
Skc.  5.  If  the  Court  shall  decide  that  the  a]>plicnnt  ought  not  to  be 
admitted,  he  shall  not  be  entitled  to  another  hearing  for  admission  in 
any  Court  of  the  State,  until  twelve  months  alter  the  first  application. 

Attorneys  of  other  States,  <&c.,  Admitted. 
Skc.  6.  The  Courts  of  this  State  shall  admit  the  lawj'ers  of  another 
State  or  Territory,  upon  the  same  terms  that  the  Courts  of  said  State, 
•fcc,  admit  the  citizens  of  Maryland  ;  provided,  that  the  terms  of  ad- 
mission to  the  bar  in  said  State,  tfcc,  are  regulated  by  law. 


»  ATTOKNEYS   AT    LAW. 

When  the  Court  may  Exercise  its  Discretion. 
Sec.  7.  If  not  regulated  by  law  in  said  State,  &c.,  the  Courts  of  this 
State  shall  admit  such  applicants  or  not,  in  their  discretion. 

Right  of  Appeal. 

Sec.  8.  A  rejected  aj^plicant  has  the  right  to  appeal  to  the  Court  of 
Appeals. 

Fees  of  Attorneys. 

Sec.  9.  Prescribes  the  Fees  of  Attorneys,  for  which  see  Article  38, 
Section  9,  page  202. 

Oath  of  Attorneys. 

Sec.  10.  Every  Attorney,  or  other  practitioner  at  law,  shall,  in  open 
Court,  take  and  subscribe  the  following  oath  or  affirmation: 

"I  do  solemnly  swear  (or  affirm)  that  I  will  at  all  times,  demean 
myself  fairly  and  honorably,  as  an  Attorney  and  practitioner  at  law; 
that  I  will  bear  true  allegiarce  to  the  State  of  Maryland,  and  support 
the  laws  and  constitution  thereof,  and  that  I  will  bear  true  allegiance 
to  the  United  States,  and  that  I  will  support,  protect  and  deleud  the 
Constitution,  Laws  and  Government  thereof  as  the  supreme  law  of  the 
land,  any  law  or  ordinance  to  the  contrary  notwithstanding. — 1837. 
ch.  126."  ^ 

Courts  may  Suspend  an  Attorney  for  Cause. 
_  Sec.  11.  The  Judges  of  the  Court  of  this  State,  may  susi)end  for  a 
time,  any  Attorney  whose  demeanor  is  disrespectful  to  the  Court,  &c., 
or  fine  him  not  over  fifty  dollars  for  one  oflence. 

Attorneys  to  Forfeit  $100  far  Neglect. 
Sec.  13.  Any  Attorney  who  shall  suffer  a  cause  to  be  discontinued 
by  negligence  in  not  bringing  it  to  a  decision  within  the  time  limited 
by  law,  shall  forfeit  one  hundred  dollars  and  all  costs  of  suit,  one-half 
to  the  party  aggrieved,  and  one-half  to  the  State,  for  the  use  of  the 
County  where  such  fine  arise. 

Courts  may  Adjudge  Attorneys  to  Pay  $10  Costs. 
Sec.  13.  The  Courts  of  the  State  may  in  their  discretion,  when  it 
shall  appear  to  them  that  any  plaintiff'  or  defendant  in  any  action 
brought  in  any  Court,  shall  suffer  by  the  negligence  or  omission  of 
any  Attorney,  immediately  adjudge  such  Atttu-ney  to  pay  the  lawful 
costs  accruing  from  such  negligence  or  omission,  not  exceeding  ten 
dollars.  But  if  the  costs  exceed  that  sum,  the  party  shall  be  left  to 
his  remedy  at  common  law. 

Sec.  14  relates  to  Petitions  of  Freedom. 

What  Officers  are  Not  Alloioed  to  Practice  Law. 

Sec.  15.  No  Sheriff' or  Deputy  Sheriff",  Warden,  or  Keeper  of  a  .Taib 
or  any  of  his  Deputies  ;  no  Warden,  or  Keejjcr  of  any  Penitentiary, 
or  Deputy  Warden  or  Keeper  thereof,  shall  be  admitted  to  practice 
as  an  Attorney  in  any  of  the  Courts  of  this  State,  under  penalty  of 
fifty  dollars  for  each  ofl'ence. 

Limiting  the  above  Prohibition. 
Sec.  16.  No  Register  of  Wills  or  Clerk  of  unv  Court,  shall  practice, 
as  Attorney  at  Law,  in  any  of  the  Courts  of  this  State,  whatsoever, 
nor  shall  any  Deputy  Register  of  Wills,  or  any  Deputy  Clerk  of  any 


ATTORNEYS   AT   LAW.  b 

Court,  practice  as  Attorney  at  Law  in  any  Court  of  this  State  of  which 
he  is  an  officer,  or  to  which  he  may  be  attached  as  a  deputy  or  as- 
sistant officer. — 1868,  cli.  404. 

No  Judges  to  Act  as  Attorneys. 
Sec.  17.  No  Judge  of  any  Court  of  this  State,  including  the  Judges 
of  the  Orphans'  Courts,  shall  act  as  Attorney  or  Solicitor  in  any  Court 
of  Law  or  Equity  in  this  State,  during  the  time  for  which  he  shall 
act  as  such. 


BALTIMORE     CITY. 

The  Supreme  Bench  to  Make  all  Useful  Rules,  &c. 
The  Constitution,  Article  4,  Section  33,  authorizes  the  Supreme 
Bench  of  Baltimore  City,  to  make  all  useful  rules  and  regulations  for 
the  conduct  of  business  in  each  of  the  Courts  of  the  City,  dm-ing  the 
session  thereof,  and  in  vacation  or  in  chambers,  before  any  of  said 
Judges. 

Rules  and  Regulations. 
The  7th  Rule  of  those  adopted  by  the  Supreme  Bench  of  Baltimore 
City,  for  the  conduct  of  business  in  said  Court,  is  as  follows  : 
Row  Applications  are  to  be  Made. 

Rule  7.  Applications  for  admission  to  the  bar  shall  be  made  to  the 
Supreme  Bench,  at  a  regular  term  thereof,  whereui^on  the  applicant 
will  lie  referred  to  two  gentlemen  of  the  bar  to  examine  and  report 
upon  his  fitness  for  admission,  upon  which  report  the  Court  will  take 
action.  An  admission  to  the  Supreme  Bencli,  will  admit  to  practice 
in  all  the  State  Courts  of  the  City  of  Baltimore.  In  the  case  of  mem- 
bers of  the  bar  from  other  States  api)lying  for  general  admission  to 
practice  law  here,  this  Court  will  pursue  the  provisions  of  the  6th 
Section  of  the  11th  Article  of  the  Public  General  Code;  and  where 
the  application  is  made  to  any  of  the  Courts  for  admission,  for  the 
purpose  of  a  special  trial,  the  Judge  presiding  at  the  trial  in  that 
Court,  will  act  thereon  under  the  same  provisions  of  the  Code. 


The  following  list  of  Attorneys  at  Law,  in  Baltimore  City,  contains 
the  names  of  all  those  who  have  been  admitted  to  the  bar,  by  the  Su- 
preme Bench,  under  the  Constitution  of  1807,  commencing  Nov.,  1868. 

The  names  of  a  few  Attorneys,  who  are  residents  of  the  Counties,  or 
other  States,  will  also  be  observed,  who  have  been  admitted  to  the 
bar  of  the  City  by  the  Supreme  Bench. 

The  Supreme  Bench  requested  the  Attorneys  at  Law,  in  previous 
practice,  to  qualify  beibre  the  Supreme  Bench,  under  the  above  rule. 

The  list  includes  the  names  of  a  few  lawyers  of  long  standing,  who 
have  retired  iVom  practicL-,  or  engaged  in  other  business,  who  have 
not  qualiiied  under  the  rule  of  the  Supreme  Bench. 


ATTORNEYS   AT   LAW. 


ATTORNEYS  AT  LAW  IN   BALTIMORE  CITY. 


Addison  A.  IMerrill.  5  St.  Paul. 
Adreon  Harrison,  U.  S.  Custom  H. 
Albert  Talbot  J.,  U.  S.  Court  H. 
Alexander    Julien  J.,    S.  E.   cor. 

Charles  and  Lexington. 
Alexander  Wm.  32  St.  Paul, 
Allston  J.  Blvth.  32  St.  Paul. 
Allison  Richard  T. 
Anderson  AVm.  H.  H.  23  Lexing'n. 
Andrews  Robert. 
Appletrarth  R.  W.  &  Frame  J.  40 

St.  Paul. 
Arthur  Henry  Thomas. 
Asburv  G.  W. 
Atkinson  J.  T. 

Audoun  Jos.  H.  10  Law  Buildin£r. 
Baer  T.  S.  &  McGlone  J.  T.  15 

St.  Paul. 
Baker  T.  Otis. 
Baker  Fred.  T. 
Baldwin  O.  P.  jr. 
Baldwin  R.  W.  &  Trippe  R.  C. 

42  St.  Paul. 
Baldwin  Robert. 
Bannon  Michael.  82  St.  Paul. 
Barnitz  Covington  D.  71  AV.  Fa- 
yette. 
BarroU  Benj.  C.  54  Saratoga. 
BarroU  Wm.  Vincent,  5  Courtland. 
Barton  R.  &  Wilmer  S.  35  St.Paul. 
Basil  John,  jr. 
Barry  Llewellyn  F. 
Bateman  A.  W.  cor  Lexington  and 

St.  Paul. 
Bates  Ed.  Bayley,  31  St.  Paul. 
Bradley  C.  W. 

Brand  Thos.  J.,Mosher  and  Etting. 
Baxlev  J.  Rienian,  31  N.  Calvert. 
Blanciiard  E.  Wvatt.  57  St.  Paul. 
Blackiston  T.  Wallis,  37  St.  Paul. 
Blackburn  J.  C. 
Battee  R.  Ridgely,  5  St.  Paul. 
Bausch  John. 
Bavne  Richard. 
Beall  George  T.  jr.  31  St.  Paul. 
Beasten  Charles,  jr.  48  St.  Paul. 
Bedford  J.  R.  D.\t  S.  Coulton,  S. 

C.  35  Lexington. 
Berridge  M.  C.  31  Lexington. 


Benson  Oregon  R.  15  St.  Paul. 

Benzingor  Fred'k  F.  19  Law  Bldg. 

Bcvan  Thos.  H.  13  Courtland. 

Biorbower  Austin. 

Brent  Jos.  L. 

Brent  R.  F.  20  Lexington. 

Brewer  John  M.  140  Division. 

Briscoe  D.  S.  32^  St.  Paul. 

Bond  Hugh  L. 

Bond  E.  J.  19  Lexington. 

Bowen  Jesse  N. 

Brooke  Frank'n  E.  P.  2  Courtland. 

Brooke  Henrv  L. 

Brookes  Henry  P.  9  N.  Calvert. 

Brooks  Isaac,  jr.  37  Lexington. 

Bruue    F.   W.,    Brown    Stewart 

and  Brown  A.  G.  40  St.  Paul. 
Brown  Charles  W. 
Brown  David  R.  617  W.  Fayette. 
Brown  Fred.  J.  33  St.  Paul. 
Brown  Robert  Riddle. 
Brown  Wm.  J.  153  N.  Paca. 
Brown  Sebastian  &  R.  H.  Smith, 

53  St.  Paul. 
Browne  Arrell  P.  65  W.  Fayette. 
Browning  Arthur. 
Browning  Warlield  T.  36  Lexing'n 
Bowie  Walter  W.W.,  Strieker  near 

Patterson  Avenue. 
Boyle  Llewellyn,  Druid  Hill  Ave- 
nue extended. 
Bond  Beverlv  W. 
Bond  G.  Morris  &  Tidv  J.  B.  jr. 

8i  St.  Paul. 
Bouldin  Randolph  J.  31  X.Calvert. 
Boylston  W.  Cloud,  35  St.  Paul. 
Brewer  John  B. 
Brundige  Thos.  W.  32  St.  PauL 
Burton  William. 
Bullock  W.  R. 
Butler  Oliver  N. 
Buchanan  Jas.  A.  41  St.  Paul. 
Buchanan  Jas.  H.  40  St.  Paul. 
Buchanan  Jas.  M.  41  Lexington, 
Buchanan  J.  Rowan,  41  Lexing'n. 
Bui'hanan  Wm.  Jefierson,  29   St. 

Paul. 
Buchanan  E.  Key  &  Sachse  Chas. 

1  Lexington. 


ATTOKNEYS   AT   LAW. 


Brj'anWm.  Shepard,  52  N.Calvert. 
Brviin  J.  Ilairv. 
Bryant  J.  Y.  277  Mulberry. 
Bump  Orlando  F.  lo  St.  JPaul. 
Burgwyn  Win.  H.  S.,  Corner  Cal- 
vert and  Saratoga. 
Busey  Wni.  M.  85  W.  Fayette. 
Butler  John  J. 
Cade  John. 
Carr  Wilson  C.N. 
Carr  Alfred  J.  23  Lexington. 
Carey  Wilson  M.jr.  41  St.  Paul. 
Cave  John  M. 
Clark  W.  Irving. 
Clark  Francis  P.  cor.  South  and 

German. 
Clark  Jas.  L.  38  Loxinii:ton. 
Clarke  Edv/d.  J.  IGCuurtlandand 

45  St.  Paul. 
Clarke  Daniel,  35  St.  Paul. 
Clarke  Thos.  J.  19  Lexington. 
Chandler  Geo.  H.,  41  Lexington. 
Carter  John  M.  40  St.  Paul. 
Carter  Bernard,  25  Lexington. 
Carroll  James,  Charles  nr.  Centre. 

Carson  John,  65  W.  Fayette. 

Carson  John  K. 

Camiihell  Duncan  G.  31  St.  Paul. 

Campbell  K.  B.  T. 

Carpenter  John  C. 

Carlisle  J.  S. 

Claude  Dennis,  35  St.  Paul. 

Grain  Peter  W.  C  N.  Calvert. 

Crane  Wm.  AV. 

Cremin  S.  A. 

Chesliire  .L  Blount,  ]r. 

ClendinenT.  K.cc  Wilson  Chas.  G. 
over  S.  W.  cor.  Charles  it  Lex'n, 

Cinnamond  Geo.  R.  2  Spurrier  ct. 

Chitton  Harris  J. 

Coe  Roderick  D.  37  Lexington. 

Cole  Wm.  H. 

Cohen  Jacob  J.  511  St.  Paul. 

Coleman  Chapman,  131  N.Charles 

Colby  John  M. 

Conrad  L.  Lewis,  29  Lexington. 

Cross  W.  B.  B. 

Cook  Gilbert  C. 

Cook  Fred.  C. 

Cowan  H.  T.  427  E.  Eager. 

Cowan  Wm.  H.  5  Courtland. 

Cowen  .T.  H.,  Camden  Station. 

Cross  E.  J.  D.  31  Lexington. 


Constable  All)ert. 

Cromwell  Hamilton  C.  8  Spurrier 

court. 
Crowndcld  Herman  F.  V.  K. 
Collins  Wm.  H.  34  St  Paul. 
Coburn  George,  31  St.  Paul. 
Cull  Roger  W. 

Dallam  Henry  Clay,  51i  St.  Paul. 
Dallam  Wm.  L.  7  Courthmd. 
Daniel  Wm.  7  Courtland. 
Dawson  Wm.  H.,  S.  E.  cor.  Fayette 

and  North. 
Demson  Charles. 
Dennis  J.  M. 
Dennis  J.  Ui)shur  &  Scott  Jno.  jr. 

51  W.  Fayette. 
Dennev  Jas."  W.  31  St.  Paul. 
Ditty  C.  Irving.  31  St.  Paul. 
Dobier  John,  289  N.  Front. 
Dobler  John  K. 
Dobbin  H.  A.  44St.  PauL 
Dobltin  Thos.  M.  44  St.  PauL 
Dorsey  J.  T.  B. 
Dors(;y  Thos.  Beale. 
Donaldson  Thomas,  38  St.  Paul. 
Donaldson  Jno.  J.  38  St.  Paul. 
Dugan  C.  L. 
Dugan,  Hammond  &  Bigger  R.  H. 

8i  St.  Paul. 
Dulanv  H.  Rozier,  40  St.  PauL 
Duff  \Vm.  E.  115  S.  Broadway. 
Duffy  Edward,  15  St.  Paul. 
Edgar  .lohn  M. 
Evans  Chas,  A.  over  Chesapeake 

Bank. 
Evans  Alfred  D.  2  S.  Front. 

Early  Eugene  A. 

Edwards  J.  S. 

Emery  Sobine. 

Emery  Wilmer. 

Emory  D.  C.  H.  47  St.  Paul. 

Eiclielberger  W.  Hay. 

Eichelbergcr  Wm.  Wirt. 

Emmons  H.  L.  ir.  3  &  4  Law  Bldg. 

Falls  Wm.  K.  ' 

Farnandis  Walter,  jr.59AV.  Fayette 

Fay  John  C. 

Ferguson  J.  Dugue,  32  Law  Bldg. 

Fiselier  Louis  C.  31  Lexington. 

Fischer  J.  Randolj)!!. 

Fox  W.  Tazewell,  20  Law  Bldg. 

Fox  Ilan-y  W. 

Forrest  Douglas  F. 


6 


ATTORNEYS   AT   LAW. 


Forrester  Allen  E.  36  Lexington. 

Fowler  David,  49  W.  Fayette. 

Frick  .J.  Swan,  43  Lexington. 

Frick  Wni.  F.  over  43  Lexington. 

Friese  Philip  Cover  75  W.Fayette. 

Gale  Levin,  34  St.  Paul. 

Gantt  Samuel  N. 

Garritee  Charles  E. 

Garland  Spots  wood,  25  Lexing'n. 

Grafl"  E.  Boatty,  5  St.  Paul. 

Graham  Jno.  V.  L.  48  St.  Paul. 

Grasty  Thos.  631  W.  Lombard. 

George  William,  31  N.  Calvert. 

Green  Jas.  B.  &  Green  Melville  G. 
6  St.  Paul. 

Greenbaum  Daniel,  31  Lexington. 

Gleeson  Wm.  E.  W  Lexington. 

Glenn  Wm.  W.  6  N.  Calvert. 

Giles  W.  F.  jr.  54  W.  Fayette. 

Gill  D.  D. 

Gill  Geo.  M.  38  St.  Paul. 

Gill  John,  Jr.  38  St.  Paul. 

Gill  N.  Riilus,  32  St.  Paul. 

Godwin  Parker. 

Gwinn  Clias.  J.  M.  over  43  St.  Paul. 

Grilhn  Thos.  W.  212  Eastern  Av. 

Grindall  John  J. 

Griffith  R.  J. 

Griffith  W.  B. 

Griswold  Elias,  31  St.  Paul. 

Grove  J.  S. 

Glocker  Albert  C.  11  Courtland. 

Glocker  Theodore,  11  Courtland. 

Goldsborough  W.  Eiwell,  25  Lex- 
ingtim. 

Goodenow  John,  251 W.  Lombard. 

Guest  George,  ]r. 

Hack  Oliver  F.  &  Chilton  H.  F. 
15  Law  Building. 

Hack  Frederick  H.  St  Paul  and 
Saratoga. 

Hall  Thos.  W.  jr.  48  St  Paul. 

Hall  W.  H.  H.  7  Courtland. 

Hall  W.  H.  7  Courtland. 

Handy  .John  H. 

Handy  A.  W. 

Harnum  H.  L. 

Hanibleton  D.  G.  27  N.  Callioun. 

1  lamhleton  S.  Douglas,  46  St.  Paul. 

llaiiiilton  Richard,  35  Lexington. 

Hamilton  Wm.  H.  A.  4.)  St.  Paul. 

Hamilton  W.  Campbell,  7  Court- 
land. 


Hagner  A.  B. 

Harris  J.  Morrison,  Spurrier  ct. 

Harrington  Benj   H. 

Hammond  Wm.  Allen. 

Hayward  Wm.  H. 

Haves  Thos.  G.  75  W.  Fayette. 

Hekdie  Frederick  C.  51i  St.  Paul. 

Heighe  John  M.  38  St.  Paul. 

Heyer  TheophilusL.  123  S.  Wolle. 

Henderson  T.  E. 

Henderson  T.  Frisby,  48  Saratoga. 

Hennighausen  Louis,  23  Lexing'n. 

Heuisler  Joseph  S.  23  Law  Bldg. 

Hewitt  M.  L.  57  N.  Exeter. 

Hill  Wm.  B.,  N.  E.  cor.  Fayette 
and  St.  Paul. 

Hilgert  Henry. 

Higgins  Edwin,  27  Lexington. 

Hinkley  Edw.  Otis  &  Morris  Thos. 
J.  43  N.  Charles. 

Hobbs  Alex.  H.  32  St.  Paul. 

Hobday  Edv/ard,  4  Courtland. 

Hoge  J.  Blair. 

Hoffman  Wm.  E.  8}  St.  Paul. 

Hoffman  Henry  W. 

Iloblitzel  Fetter  S.  23  Lexington. 

Hooper  Geo.  G.,  N.  E.  cor.  Sarato- 
ga and  St.  Paul. 

Hoopes  Wm.  P.  5  Si)urrier  ct. 

Howell  Morris  G.,  Spurrier  ct. 

Hopkins  Thos.  A.  80  W.  Fayette. 

Horwitz  Benj.  F.  37  Lexingtcm. 

Horwitz  Orville.  23  N.  Calvert. 

Horwitz  Theo])hilus  B.  25  Lex'n. 

Hough  Saml.  J.  38  Lexington. 

Houston  J.  A. 

Howard  McHenry,  41  Lexington. 

Hulse  A.  P. 

Iluuhes  Thos.  &  Gordon.  H.  G.  42 
St.  Paul. 

Hunter  Thos.  J. 

Hutchins  Thos.  T.  over  75  W.  Fay- 
ette. 

Hyde  Jas.  82  St.  Paul. 

Ing  John  H.  54^  W.  Fayette. 

Israel  l':d\v.  32  St.  Paul. 

Israel  J.  Robt. 

In-lis  Jno.  A.  38  St  Paul. 

Inglis  L.  Chas.  38  St.  Paul. 

Inulis  Jno.  H. 

Jamison  Baker  A.  7  Law  Bldg.   ' 

Jewett  Jno.  E. 

Jenkins  M.  Courtney,  6  St.  Paul. 


ATTOllNEYS   AT   LAW. 


Johns  R.  II.  ir.  19  Lexington 

•Johns  II.  V.']). 

.lohnson  II.  Edgar. 

.lolinsion  Jolin,  '62  St.  P<aul. 

.lohn.son  Rcverdy,  sr.  49  W.  Fay- 
ette. 

Johnson  Ileverdy,  jr. 

Johnson  Malcohn  H.  31  St.  Paul. 

Johnson  Bradley  T. 

Johnston  \Vm.  Fell. 

Jones  George  Franeis. 

Jones   Isaac  D.  over  Chesapeake 
Bank. 

Jones  Jno.  Q.  A.  over  Chesaj)eake 
Bank. 

Jones  Johnstone. 

Jones  R.  Enunett,  19  Lexington. 

Jones  G.  T.  over  71  W.  Fayette. 

Jordon  H.  P. 

Jordan  R.  C. 

Jump  Alired  P.  cor  Courtland  and 
Lexington. 

Kalkman  Van  Hollen. 

Keene  John  Henry,  jr.  50  W.  Fay- 
ette, Morse  Buildinij. 

Keene   Robt.  G.    50  W.  Fayette, 
Morse  Building. 

Keerl  Thos.  M.,  Lafayette  Av.  W. 
of  Fulton  Av. 

Kelly  Francis  X.  17  St.  Paul. 

Kenly  Jno.  R.  80  W.  Fayette. 

Kerr  Chas.  G.  49  W.  Fayette. 

Kennard  Henry  C.  37  St.  Paul, 

Kennard  Baltis  H.  172  Mosher. 

Kinunell  Wm.  29  St.  Paul. 

King  Jno.  C,  Fayette  adj.  Union 
Bank. 

King  G.  W. 

King  Adam  C. 

Knott  A.  Leo,  State's  Att'y,  6  Law 
Building. 

Lanahan  Thos.  N.  31  Lexington. 
Latrobe    Ferdinand    C,   St   Paul 
near  Lexington. 

Latrobe  Jno.  H.  B.  jr.  29  St.  Paul. 
Latrobe  Jno.  H.  B.,  St.  Paul  near 

Lexington. 
Latrobe  R.  Stewart,  St.  Paul  near 

Lexington. 
Lawder  Sam'l  M.  18  Courtland. 
Leary  Cornelius  L.  L.  21  Lex'n. 
Leary  AVm  J.  21  Lexington. 
Lenimon  J.  Southgate,  over  N.  E. 
Cor.  Baltimore  and  Charles. 


Linthicum  Edwin. 

Linthicum  Thales  A.  41  K  Cha«. 

Lingenl'eldcr  Henry,  2<)  N.  C:.lvci't. 

Linville  Augustus  C.  22  Law  BKIg. 

Lii)scomb  .John  D. 

Long  Sydney  C.  5  St.  Paul. 

Long  Thomas  B. 

Lovejoy  Perley  R.  55  St.  Paul. 

Loughljorough  A.  H. 

Lucv  Henry  A. 

Lyle's  1).  C. 

Lytle  James. 

Mann  Harry  E.  28  St.  Paul. 

Mackall  Thomas  B.  48  St.  Paul. 

Maeken  Arthur  W.  &  Gittings  R.J. 

47  St.  Paul. 
Marten  R.  N. 

Magruder  Allan  B.  28  St.  Paul. 
Magruder  Jesse  II.  fi  St.  Paul. 
Marine  William  M.  2G  N.  Calvert 
Marshall  C.  &  Fisher  W.  A.  cor. 

St.  Paul  and  Saratoga. 
Mathews  R.  Stockett  &  Loney  H. 

D.  4()  Lexington. 
Maund  George  C.  80  W.  Fayette. 
Maver  Lewis,  29  St.  Paul. 
McAllister  Robert  A.  721  Bank 
McBlair  A  McDonald,  48  Saratoga 
McCay  W.  Robert. 
McClure  Jas.  A.  L.  51  W.  Fayette. 
McCurlevI^aac,  over  71 W.  Fayette 
McCulloii  .John  K. 
McColgan  James,  49  Lexington. 
McDonald  T.  A. 
McElroy  Jas.  W.  31  Lexington. 
McFadden  John  Alex. 
McFarland  C.  D.  43  Lexington. 
Mcintosh  D.  G. 
McKaig  Thos.  J. 
McKaig  Thos.  J.  jr.  48  St.  Paul. 
McKim  Telfair,  49  Lexington. 
McLane  Jas.  L.  43  St.  Paul. 
McLane  Robt.  M.  43  St.  Paul. 
McLaughlin  J.  Fairlax,  (5  St.  Paul. 
Mearis  Malcolm  W.  97  N.  Exeter. 
Meahey  Edward  Vr. 
Meredith  Chas.  P.  8  Spurrier's  ct. 
Meretlitli  Jonathan. 
Merrick  William  M. 
Merryman  Jos.  P.  5  Courtland. 
Meguire  A.  S. 
Meyers  Wm.  H. 

Mitchell  John  G.  9  Bannon  Bldg. 
Milholland  Arthur  V.  32  St.  Paul. 


8 


ATTOKNEYS   AT   LAW. 


Milligan  C.  B.,  S.  W.  cor.  Charles 
and  Lexington. 

Mister  Beverly  W.  27  Lexington. 

Moale  J.  Goshorn,  5H  St.  Paul. 

Monroe  D.  Eklridge,  19  Lexing'n. 

Moore  Benj.  P. 

Moore  Benj.  P.  jr.  47  St.  PauL 

Morris  J.  T. 

Morrison  R.  D.  &  "Warner  J.  H. 
74  W.  Favette. 

Morss  JolmM.  S.  53  St.  Paul. 

Mullin  Michael  A.  31  Lexington. 

Mullin  Cornelius  S. 

MunnikhauscnHoward,48St.Paul. 

Murphy  Geo.  H. 

Musselman  Amos F.  21  Lexington. 

Neilson  Albert  B. 

Nelson  Geo.  E.  35  St.  Paul. 

Newman  Littleton  P.  D.  23  Lex- 
ington. 

Newnif.n  E.  Wright,  G  St.  Paul. 

Nicholas  John  Spear,  21  L.  Bldg. 

ISI  icholson  James  M.  91  W.  Monu- 
ment. 

Norris  Henry  C.  B.  6  St.  Paul. 

Norris  J.  G  St.  Paul. 

Norris  Wm.  Henry,  41  Lexington. 

O'Brien  Wm.  J.  15  St.  Paul. 

Owens  R.  W. 

Packard  Jas.  jr. 

Palms  John  H. 

Pendleton  Philip  T. 

Pennington  Josias,  63  "W.  Fayette. 

Pennington  W^m.  C.  57  St.  Paul. 

Pentz  S.  Stanley. 

Perkins  E.  Henry, 

Phelps  C.  E.  &  Findlay  J.  V.  L. 
Courtland  near  Lexington. 

Philips  Thos.  H.  21  Lexington. 

Phillips  Perry. 

Philpot  George,  49  Lexington. 

Pinkncv  W.  S.  6  Law  Building. 

Plant  Joseph  T.  K. 

Pleasants  Saml.  S.  251  Lanvale. 

Poe  Nelson,  47  St.  PauL 

Poe  John  P.  47  St  Paul. 

Poe  Chiis. 

Polk  Lucius  C.  31  N.  Calvert. 

Pollard  James,  42  St.  Paul. 

l^res«tm:in  Benj.  C.  28  N.  Calvert. 

Presstmiin  Thos  R.  70  W.  Fayette. 

Preston  J.  Alex.  19  Lexington. 

Preston  John  F.  25  Lexinirton. 

Preston  Wm,  P.  71  W.  Fayette. 


Price  Benjamin,  29  St.  Paul. 

Price  John  H. 

Purnell  Thos.  R. 

Pusey  Nathan  M.  over  71  W.  Fay- 
ette. 

Quinn  J.  Randolph,  70  W.  Fay- 
ette. 

Randolph  Innes,  1  Courtland. 

Ratclifie  Danl.  &  Ratclitie  W.  H. 
31  N.  Calvert. 

Rayner  Isidore,  31  St.  Paul. 

Read  Wm.  George,  37  Lexington. 

Reed  John  A.  17  St  Paul. 

Reese  D.  Meredith,  21  Lexington. 

Reeser  Wm.  R. 

Reynolds  Edw. 

Reynolds  Luther  M.  35  Lexington. 

Reynolds  Wm.  jr. 

Richardson  J.  Edgar. 

Ridgely  A.  Sterrett,  51  W.  Fay- 
ette. 

Ridtrely  Chas.  W.  34  gt.  Paul. 

Ridgely  Chas.  G.  388  N.  Fremont. 

Ritche  Albert  R.  25  Lexington. 

Roberts  Edw.  218  W.  Lombard. 

Roberts  Horace  E.  G  St.  Paul. 

Roberts  Vim.  T.  34  St.  Paul. 

Robertson  Alex.  H. 

Robinson  Lewis  H.,  S.  E.  corner 
Bank  and  Broadway. 

Robinson  Wm.  AV.  40  St.  Paul. 

Robinson  Thos.  H. 

Rogers  Alex.  M.,  U.  S.  C.  House. 

Rogeis  Robt.  Lyon, 54  W.  Fayette. 

Rooker  W.  B.  ' 

Ross  "W.  E.  W. 

Rothenbiller  Jos.  16  President. 

Rowland  Thos.  225  N.  Fremont. 

Rowland  "Wm.,  N.  E.cor.  Saratoga 

and  St.  Paul. 
Rusk  Harry  Welles,  19  Lexing'n. 
Ryta  W.  H.  W. 
Samuel  W.  H. 

Satlell  Chas.  C.  8  Law  Building. 
Salmon  E.  W.  26  N.  Calvert. 
Schauminirg  Atkin'n,  36  St.  Paul. 
Schley  Wm.  C.  31  Lexington. 
Schley  Wm.  L.  over  122  W.  Balti- 
more. 
Schmucker  Sam'l  D.  43  Lexing'n. 
Scott  AVni.  Parkin,  65  W.  Fayette. 
Scott  AVm.  G. 

Seth  J.  B.  &  Seth  T.  A.  28  St.  Paul. 
Seldcn  John. 


ATTORNEYS   AT   LAW. 


9 


Sharp  Abraliam,  35  Lexington. 

Shiiiretts  G.  W.  over  68  W.  Fa- 
yette. 

Sli.'in-etts  S.  F.  over  G8  W.  Fayette. 

Bhci.pard  F.  M. 

Hliiplev  .1.  Sollinan.  3  Courtland. 

Shrivel-  Cliris.  C.  31  St.  Paul. 

Simpson  Jolm  W.  31  Lexington. 

Sinijison  Lloyd  D. 

Sitler  H.  D.  J. 

Slate  Wm.  J. 

Slater  Ilonry  B.  41  St.  Paul. 

SlintjIiitrC.  Bolin  &  Slintjlufr  F. 
C.'4S.l  St.  Paul. 

Small  John,  jr.  13  Courtland. 

Smith  Geo.  W.  P.  31  Lexington. 

Smith  J.  Dean. 

Smith  V.  M.  17  St.  Paul. 

Smith  John,  ir. 

Smitli  Rnb't  T.,  jr.  55  W.  Fayette. 

Smith  Ixdb't  T.  49  W.  Fayette. 

Smith  Wilson. 

Smitl>  Richard  L.  19  McCulloh, 

Smith  H.  Tillard. 

Smith  J.  H.  B.  185  K  Charles. 

Snowden  Samuel,  87  W.  F'ayette. 

Snyder  John  J.  43  N.  Calvert, 

Sorecki  Isadore  A. 

Spamer  C.  Aug.  E.  43  N.  Charles. 

Spates  A.  Worth,  53  St.  Paul. 

Spence  Carroll,  241  St.  Paul. 

Spencer  Jervis. 

Spencer  Jervis,  jr. 

Spencer  W.  C. 

Stanley  Chas.  H.  29  Lexington. 

Stanchfield  S.  D.  23  Lexington. 

Starr  Edward  V. 

Staub  11.  P.  H.  45  St.  Paul. 

Steele  Jas.  Nevett,  jr.  29  Lex'n. 

Steele  I.  Nevett,  29  Lexington. 

Stevens  F.  Putnam,  63  W.  Fayette. 

Stewart  Jos.  E. 

Stewart  Jos.  J.  149  N.  Republican. 

Stewart  John,  33  St.  Paul. 

Stewart  W.  E.  9  Courtland. 

Stewart  Wm.  A.  8^  St.  Paul. 

Stirling  Archibald,  jr.  20  N.  Cal- 
vert and  U.  S.  Court  House. 

Stoddart  Sylvester. 

Stockbridge  Henry,  55  St.  Paul. 

Stockbridge  S.  L.  55  St.  Paul. 

Sumner  A.  AV.  79  McCulloh. 

Supplee  Franklin,  73  W.  Fayette. 


Sweaney  Dennis  S. 

Swinney  Epaphroditus,  63  W.  Fa- 
yette 

Tayiirt  Samuel  H.  43  Lexington. 

Taylor  V»'inlic!d  J.  :;5  St.  Pauh 

Tavlor  Archibald  Henderson. 

Taylor  F.  Alex.  121  Bank. 

Taibott  J.  F.  C. 

Teackle  St.  GeorLfe  W.  29  Lex'n. 

Teackle  John,  "^".i  Lexington. 

Terret  Colville  Penrose. 

Thayer  Nathan'l  J.  71  N.  Charles. 

Thomas  Dan'l  M.  29  Lexington. 

Thomas  John  S. 

Thomas  P.  F. 

Thomas  .John  H. 

Thomas  George  Leiper. 

Thompson  Irvin. 

Thompson  E.  A. 

Thompson  Chas. 

Thornton  F.  A.  392  Entaw  Place. 

Tiernan  Chas.  B.  32  Law  Build'g. 

Tormey  F.  D.  8  St.  Paul. 

Townsend  Alpheus  A. 

Trayham  Jas.  T. 

Trundle  Wm.  Burns,  K  E.  cor, 
Saratoga  and  St.  Paul. 

Turni)ull  Lawrence. 

Tnrner  S.  E.,  ir.  41  K  Charles. 

Tyson  John  S.  29  St.  Paul. 

Vcnable  Richard  M.  29  Lexing'n. 

Walker  Moses  R.  35  St.  Paul. 

Waliis  S.  Teackle,  37  St.  Paul. 

Wallis  &  Thomas,  37  St.  Paul. 

Ward  Wm.  Jessup,  29  St.  Paul. 

Ward  Francis  X.  28i  St.  Paul. 

Ward  Lewis. 

Warner  George,  jr.  15  St.  Paul. 

Warrington  Thos  J.  23  Lexing'n. 

Waterman  Wm.  J.  83  W.  Fayette. 

Watkins  John  N.  411  W.  Fayette. 

Watkins  Nicholas  W.,  Courtland 
near  Lexington. 

Watkins  N.  J. 

Watson  J.  J.  C.  87  S.  Ann. 

Wel>stcr  Henry,  9  N.  Calvert. 

Weincr  Chas.  J.  53  St.  Paul. 

Wentz  Henry  C.  65  W.  Fayette. 

Wentz  John  B.,  jr.  65  W.  Favette. 

Whclan  Thomas,  ]y.  16  St.  Paul. 

Whitney  Milton  &  Johns  II.  V.  D. 
19  N.' Calvert. 

Whyte  Wm.  Pinkney,  21  Lex'n. 


10 


ATTORNEYS   AT   LAW. 


Wliyte  W.  HoUingsworth,  21  Lex- 
ington. 

Williams  Henry,  41  St.  Paul. 

Williams  E.  A. 

Williams  T.  Nottingham,  1  St. 
Paul. 

Williams  E.  Colvin,  33  St.  Paul. 

Williams  Geo.  Hawkins,  over 
Chesapeake  Bank. 

Williams  Lloyd  W.  1  St.  Paul. 

Wills  John,  144  W.  Baltimore, 

Willis  Geo.  Roberts. 

Wilcox  A.  J. 

Wilcox  Chas.  253  E.  Biddle. 


Wilson  A.  W. 

Willson  John  Wm.  1  Courtland. 
Winder  Wm.  Sidney,  31  N.  Cal- 
vert. 
Winston  P.  H.  31  St.  Paul. 
Wolff  Alexander,  17  Law  Build'g. 
Woodward  G.  W. 
Wright  D.  Girard,  37  Lexington. 
Wright  Riley  E.  63  W.  Fayette. 
Wyatt  Chas.  H.  31  Lexington, 
Wysham  Henry  C.  41  Lexington. 
Yearley  Eugene  E.  95  N.  Front. 
Yerger  E.  M.  43  N.  Broadway. 
Yerkes  Wm.  L. 


i 


i 


MEDICAL  AND  CHIRUEGTCAL  FACULTY 

OF  MARYLAND. 

The  following  is  a  list  of  Physicians  in  this  State,  who  are  members 
of  the  "Medical  and  Chirurgical  Faculty  of  Maryland,"  or  Society  of 
Physicians  and  Surgeons.  This  Association  was  incorporated  Jan- 
uary 20th,  1799,  and  its  charter  was  amended  by  the  Acts  of  1801, 
1805  and  1832.  The  Faculty  convenes  annually  in  Baltimore  city  on 
the  first  Tuesday  in  Ajiril,  and  semi-annually  at  such  place  and  time 
as  it  may  designate. 

Tliose  names  marked  "L.  M."  are  "Licentiates  of  Medicine,"  having 
a  license  granted  by  the  Faculty,  under  the  authority  of  its  charter, 
which  is  equivalent  to  a  diploma. 

The  following  are  the  Officers  of  the  Society,  elected  April  15th, 
1873: 

President. — Dr.  Charles  H.  Ohr,  of  Allegany. 

Vice-Presidents. — Drs.  Samuel  C.  Chew,  H.  M.  Wilson  and  A.  B. 
Arnold. 

liecording  Secretary. — Dr.  W.  G.  Regester. 

Assistant  Secretary. — Dr.  G.  L.  Taieyhill. 

Corresponding  Secretary. — Dr.  Lindley  Ellicott. 

Treasurer. — T)r.  J.  Gilman. 

Executive  Committee. — Drs.  John  F.  Monmonier,  John  Morris,  John 
Neff,  B.  C.  Williams  and  Dr.  Thomas  S.  Latimer. 

The  following  is  a  list  of  members  in 

Baltimore    City: 


Aiken  Wm.  E.A.  178  W.  Baltimore 
Albers  Henry,  95  S.  Sharp. 
Armitage  James,  14  N.  Paca. 
Arnold  A.  B.  7  S.  High. 
Baldwin  E.  C.  124  N.  Exeter. 
Barry  Wm.  J. 

Benson  Geo.  W.  144  Hanover. 
Bosley  Grafton  M. 
Bvrd  Harvey  L.  336  N.  Fremont. 
Brown  R.  W. 

Chatard  Ferd.  E.  118  Park. 
Cockrill  J.  J.  23  S.  Broadway. 
Cox  E.  Gover,  N.  W.  cor.  Balti- 
more and  Pine. 
Chisolm  J.  J.  55  Franklin. 
Gurrey  Jas.  H.  78  S.  Paca. 
Chancellor  C.  W.  174  Walsh. 
Conner  John  A.  210  E.  Baltimore. 
Dulin  Alex.  F. 
Delout^ehry  Ed. 
Davis'Wm.  H.  193  K  Howard. 


Donaldson  Frank,  112  Park. 
Dasliiell  Nich.  L.  207  S.  Broadway. 
Diflfenderfer  Wm.  H.  1  S.  High. 
Dickson  Jno.  201  Madison  avenue. 
Doisey  Robt.  E.  215  Madison  a\^ 
Dodge  A.  W.  201  Hanover. 
Evuns  Thos.  B.,  S.  E.  cor.  Ann  and 

Aliceanna. 
Eastman  Lewis  AL  349  Lexington. 
Ellicott  Lindley.  193  N.  Howard. 
Fulton  Robert,'53  S.  Sharp. 
Gilman  Judson,  172  Saratoga. 
Graves  John  J. 
Handy  Je^se  T. 

Hartman  And.  305  N.  Caroline. 
Harris  John  C.  360  Lexington. 
Hecker  Fredk.  D. 
Heldman.L  A.  120  Pearl. 
Houck  J.  W.  75  E.  Baltimore. 
Howard  E.  Lloyd,  53  Cathedral. 
Inloes  Henrv  S.  262  W.   Hoffman. 


13 


MEDICAL   AKD   CniRURGICAL   FACULTY. 


Irons  Edward  P.  52  S.  Broadway. 

Jones  Cbas.  H.  530  W.  Fayette. 

.fobnston  Christopher,  cor.  Frank- 
lin and  Park. 

Johnson  George. 

James  Jacob  B. 

Jenkins  Felix,  corner  Greene  and 
Mulberry. 

Kemp  ^Xm.  M.  55  N.  Greene. 

Keidel  Georrre,  23  S.  Eutaw. 

Kinnemon  R  S.  73  E.  Pratt. 

Kloman  Wm.  C. 

Keller  Josiah  G.  89  N.  Greene. 

Kemp  W.  F.  A.  55  N.  Greene. 

Landis  Edward. 

Lawrence  D.  H.  63  S.  Broadway. 

Lee  R.  C.  140  Hanover. 

Latimer  Thos.  S.  248  Madison  av. 

Linthicnm  J.  G.  847  W.  Baltimore. 

Littell  N.  AV.,  Franklin  and  Pearl. 

Martin  Saml.  B.  131  E.  Pratt. 

Mackall  Leonard,  151  N.  Calvert. 

McSherry  Richd.  189  N.  Howard. 

Miltenberger  Geo.W.  152  W.  Lom- 
bard. 

Morris  John,  5  Franklin. 

Monmonier  Jno.  F.  225  E.  Balto. 
and  cor.  Calverton  and  Read. 

Morris  Edward  A. 

Mackall  Richd.,  L.M.  100  Faratoga 

Morawitz  Leopold,  137  W.Fayetie 

Morgan  G.  E.  31  Courtland. 

Morgan  W.  P.  175  Saratoga. 

Mahon  O.  S.  138  N.  Excler. 

Miles  F.  T.  14  Cathedral. 

Mitchell  J.  E.  192  N.  Calvert. 

Moorman  J.  J. 

McKew  Dennis  J. 

McKnew  W.  R.  847  W.  Baltimore. 

Moran  J.  J. 

Mathieu  J.C.Ferd.  71  S.  Broadway 

Noel  Henry  R.  10  N.  Carey. 

Pick  Carolus,  16  N.  Eden. 

Prince  A.  W. 

Powell  John  F.  72  E.  Pratt. 

Powell  Samuel  F.  29  Ai^qiiith. 

Annval  Memhers,  1873.— Thomas  R.  Brown,  J.  E.  P.  Bouldin,  J.  M. 
Cockrill,  P.  Chapman,  ir.,  J.  J.  Caldwell,  O.  J.  Coskery,  A.  Friedman, 
J  H.  Grimes,  R.  H.  (goldsmith.  C.  B.  Gambol,  G.  A.  Hartman.  G.  Liel)- 
man,  T.  C.  Maddux,  John  Neff,  H.  J.  Penrod,  Jos.  Parrish,  George  L. 
Robinson,  J.  D.  Thompscm,  E.  G.  "Walls. 

The  Society  has  sixteen  non-resident  members  residing  in  other  states. 


Pape  George  E.  55  N.  Eutaw. 

Reirester  Wilson  G.  845  W.  Bait. 

Riley  Williiim.  47  Lexington. 

Rich  Artliur.  ir.  30  N.  Fremont. 

Ricliardson  C."  C.  302  W.  Lombard. 

Reuling  Geo.  60  N.  Charles. 

Rcnnolds  H.  T.  186  Aisquith. 

Smith  Kathan  R.  89  Saratoga. 

Stewart  Jas.  A.  103  Park. 

Scliwartz  Edwd.  19  N.  Calhoun. 

Stokes  Wm.  H.  141  St.  Paul. 

Starr  Hezekiah,  16  N.  Liberty. 

Stevenson  James,  106  N.  Carey. 

Steuart  R.  S.,  Fred.  nr.  Catonsville. 

Spaulding  A.  J. 

Sappington  Thos.  112St.PauL 

Smith  Alan  P.  45  Franklin. 

Schock  J.  L. 

Sullivan  J.  M.  116  Thames. 

Tannar  Joseph. 

Tyson  Samuel  M. 

Todd  George  B.  427  W.  Fayette. 

Tiffany  S.  McLane,  31  Cathedral. 

Taneyhill  G.  Lane,  85  W.  Biddle. 

Uhler  John  R.  122  K  Greene. 

Van  Bibber  W.  C.  47  Franklin, 

Warfield  Jesse  L. 

W^roth  Peregrine,  18  Patterson  av. 

Wroth  Thomas  G. 

Wroth  Wm.  J.  144  W.  Biddle. 

White  Edward  H. 

Wilkins  Joseph,  17"  Lanvale, 

Wilson  H.  M.  251  Madison  av. 

Wilson  H.  P.  C.  150  Park. 

Williams  P.  C.  201  Madison  av. 

Whittriclge  Wm.  181  K  Charles. 

Wavscm  Geo.  W.  18  Aisquith. 

Wifhelm  J.  T.  169  W.  Lombard. 

"Wlnslow  Caleb,  33  McCulloh. 

^\'iss  Edward. 

Walton  H.  Roland,  cor.  Carey  and 

Lexington. 
White  Walter  W.250K  Broadway 
Yeates  John  L.  41  W.  Biddle. 
Yeates  H.  P.  P.  117  K  Exeter. 


MEDICAL   AND   CIIIRURGICAL   FACULTY.  13 

Tlie  following  is  a  list  of  members  residing:  in  the  counties  of  tins 
State : 

AlUiiaity  County.— T)o\\fr\\iiY\y  B.  A.,  :McCormick  W.  II.,  Olw  Clias.  II.. 
Porter  C4.  Ellis.  Pii)er  AVm.  j.,  Simpers  Chas.  T.,  Smith  James  M.. 
Smith  A.  G.,  Smith  Saml.  P. 

Anne  Arundel  County. — Cheston  James,  Owings  Dr.,Pue  Arthur,  jr.. 
Waters  Jas.  AV. 

Baltimore  County. — Cole  Isaac  J., Caldwell  Saml.  H.,  Dickson  Isanc  N., 
Gill  Edw.  jr.,  L.  M.,  Griffith  Lewis,  Johnson  Thos.,  Jones  Phillip 
G.,  Kinic  David,  Ward  Jas.  Roht. 

Cahert  C'y(/«fy.— Pettenbridg"  J.  P.,  Parker  John  C.  McDaniel,  L.  M. 

Carroll  County. — Billingslea'james  L.,  Shower  Jacob. 

Cecil  Connti/. — Evans  Jno..  Eraser  Alex.,  L.  M.,Eislier  Jno.,  Mitchel 
Alex.,  L.  ]M.,  Oldham  Wm.  H. 

Charlea  County. — Ferguson  Jno.  P.,  Ford  Jos.,  Jamison  Luke,  L.  M., 
Jamison  Charles.  L.  M.,  Lancaster  Calistus,  L.  M.,  :Mills  Edw.,  L.  M., 
Wills  F.  R. 

i^7w7mfA:  Co?/^?^.— BaerChas.  A..  Eichelbergcr  J.  W..  Grimes  Wm.H.. 
McPherson  AV.  T.,  Steiner  Lewis  H.,  Smith  John  11.  ,M. 

Harford  County.— Q\\?,?,cy  Henry  G.,Gillett  Jacob.  Hall  AV.AV..Hor- 
ton  AV.  L.,  L.  M.,  Hepburn  Jas.,  Montgomery  AVm.,  L.  M.,  Ponv  Benj.  J., 
Prig£T  Joseph,  Sappington  Richard,  Sliegog  AVm.,  L.  M.,  Worthing- 
ton  t.  D. 

Montgomery  County. — Anderson  James,  Anderson  John  W.,  Carroll 
Geo.  A.',  Davis  Thos.  J..  Dorspy  AA'm.  H.,  L.  ]\I.,  Duvall  AA'ashington, 
Harwood  Thos.  N.,  Palmer  AVm.  P.,  Waters  AV.  A.,  AVaters  AA''ashing- 
ton,  AA'illson  Otho,  AVillson  Horace,  AA'illianis  Thos.  M. 

Prince  Georae's  County.— BcK  AA^iltcr  T.,  Calvert  Edw.  H..  Duvall 
Thos.  AV.,  EdWards  Charles,  Edelin  Horatio.  L.  AL.  Edelin  AVm.  J.. 
Edelin  Rich'd  J.,  L.  M.,  Everstield  Edw.,  L.  M.,  Hamilton  C..  Latimer 
Jolin  F.,  Lee  Thomas,  Marshall  Wm.,  Scott  Thos.  jr.,  L.  AL,  AVaters 
Franklin. 

Queen  Anne's  County. — Hall  .J.  H. 

St.  Mary's  County.— Bavhav  Phillip,  Briscoe  Walter  H.  S.,  L.  M.. 
Neale  Stephen  L.  D. 

Somerset  County. — Clark  Jolin  H.,  Kerr  .1.  S.,  Kerr  Samuel. 

TaWot  Counti/.—\ni}re  Dr.,  Eiliert  AV.  N.,  Hardcastle  E.  M.,  Jones 
William,  Alillcr  John,  AVilson  AV.  G.  G. 

Washington  County. — Anderson  Alfred,  L.  M.,  Adams  Amos,  L.  M., 
Bishop  E.  Tracy,  Edward  Owings  T.,  Hays  Jos.  C,  Hickman  Benj., 
Helm  Meredith,  Johnson  Thos.  R.,  Mossman  James,  Rubel  Peiers, 
Smith  Zebina,  Smith  Otho.  J.,  Young  Samuel. 


37 


THE     FEE     TABLE 

Of  the  Medical  and  Ciiirurgical  Faculty  of  Maryland. 


The  foUowiug  table  contains  the  standard  foe?  of  the  Medical  profession  of  Balti- 
more, subject,  however,  to  the  several  rules  which  are  appended. 

1.  It  is  a  guide  to  the  physician  in  making  chaiges  for  his  services. 

2.  It  informs  those  to  whom  the  physician  renders  services  what  compensation,  in 
the  opinion  of  the  profession,  he  oiiglit  to  receive. 

3.  If  a  physician,  in  rendering  an  account,  regulates  his  charges  according  to  a  fee 
table  approved  by  his  brethren,  it  will  certainly  remove  the  necessity  of  litigation, 
with  all  who  are  disposed  to  make  bouorablc  remuneration  for  the  services  Ibey 
have  received. 

MEDICAL     PRACTICE. 

First  Visit from  $  -2  00  to  §  .5  00 

Each  Subsequent  Visit ;i  00  vo  3  00 

Single  visit  and  advice  in  special  cases  where  the  Physician 

is  not  the  regular  attL-uilnnt .5  00  to  10  00 

Day  visits  at  a  time  appointed  by  the  patient  or  his  friends,       Z  00  to  5  00 

First  consultation  visit 5  00  to  15  00 

Each  subsequent  consultation  visit, 2  00  to  .t  00 

Night  visit,  (between  11  P.  M.  and  sunrise.)     ....       .5  00  to  10  00 

Detention  with  patient  all  night 10  00  to  20  00 

Visit  beyond  the  present  limits  of  the  City,  for  every  mile, 

in  addition  to  usual  charge,  (night  visit  double.)    .        .100 

Advice  anywhere  except  at  ollice 2  00  to  10  00 

In  case  of  several  patients  in  same  family,  charge  visit  to 

one  and  advice  to  other,  each 1  00 

Advice  at  the  Phvsiciau"s  office,  according  to  importanco, 

(night  double",) 1  00  to  10  00 

For  written  opinion 5  00  to  10  00 

For  opinion  involving  a  question  of  law,          .        .        .        .     10  00  to  50  00 

For  oral  opinion  as  to  health  of  patient 2  00  to  10  00 

OBSTETRICAL    PRACTICE. 

For  ordinary  case  of  midwifery from  .?1.5  00  to  JTjO  00 

For  preterniitnral  case  of  midwifery, U.")  00  vo  7.5  00 

For  extracting  placenta  alone 10  00  to  2J  00 

For  case  of  miscarriage,  charge  as  in  ordinary  case  of  mid- 
wifery. 

Examination  per  vaginam, 5  00  to  10  00 

Introduction  of  pessary, 5  CO 

SURGICAL    PRACTICE. 

Vaccination,    .       , from  $  .1  00  to  $  5  00 

at  office 2  00 

Gonorrhea  or  syphilis,  (fee  in  advance,) 15  00  to  ,50  00 

Amputation  of  large  limbs,  through  conliiiuitv  of  bones,     .     TO  Oil  ro  100  00 

through  larire  joints,       ......     50  00  to  100  00 

"           toes  or  fingers 5  00  to  20  00 

"           through  tarsal  or  metatarsel  and  carpal  or  me- 
tacarpal bones 25  00  to  50  00 

Excision  of  diseased  joints,  large, .50  00  to  100  00 

Operation  for  necrosis  or  exostosis, 2.5  00  to  .50  00 

Trepanning :50  00  to  100  00 

Teuotomv --0  00  to  VA)  00 

Reduction  of  dislocations 10  00  to  100  00 

.\dju>nncnt  of  fracture  of  long  bones,       .....     10  (W  to  ".000 

Operation  for  lithotomv llO  00  to  200  00 

Reduclion  of  liernia.  (by  taxis,) 10  00  to  :!0  00 

Operation  for  hernia SO  00  lo  KHI  00 

Important  operations  on  the  eye, 20  00  to  S'.Kj  00 


FEE   TABLE. 


Minor  operations  on  the  eye. 


Dressing  recent  wounds,  opening  abscess,  introducin; 

ton  or  issue 

Each  subsequent  dressing  in  addition  to  visit. 

Extirpation  of  polypus,  " 

Extirpation  of  tuiiior 

Operation  for  tistuhi  in  aiio  or  in  perineo. 

Introduction  of  catlietcr  or  Ijoiigie 

Paracentesis  thoracis,  abdominis  or  vesicae,    . 

Operation  for  liydrocile 

Operation  for  aiieuri>ni 

Tying  large  arteries  in  case  of  wound, 

Operation  for  hare  lip, 

Extraction  of  foreign -uhst^nces,       .... 
Operation  for  tracheotomy,  .... 

Using  stomach  pump. 

Resection  of  prolapsus  aui, 

Operation  for  stricture  of  urethra 

Operation  for  i)liimosis  or  paraphimosis, 

Operation  for  Invmorrhoids 

Operation  for  imperforate  anus  or  vagina. 
Removal  of  tonsils  or  uvula,       .."... 

Extirpation  of  testicle, 

Amputation  of  penis 

Evulsion  of  uail  on  finger  or  toe,        .... 

Resection  of  joints, 

Fracture  of  ciauium  without'trepanning. 

Fracture  of  jaw 

Operation  for  ranula 

Division  of  fnenum 

Operation  for  recto  vaeinal  or  veeico  vaginal  fistula.    . 
Post  mortem  examination  in  case  of  legal  investigation. 
Post  mortem  examination  at  request  of  family. 

Examination  for  life  !U;^urauce, 

For  family  physician's  certificate  for  life  insurance,  to  be 

paid  in  advance  by  the  <x)rapany,         .... 
For  certificate  of  causes  of  deatli  in  case  of  life  insurance. 
For  certificate  of  vaccination 


from  $  5  00  to  $20  00 


2  00  to 

1  00  to 
5  on  to 
5  00  to 

10  00  to 
->  00  to 
1(1  (HI  to 

in  00  to 

.■Ml  (K1  to 

•j.^  on  to 
v>  on  to 

.5  (K)  to 
■2'>  00  to 
10  no  to 

5  (HI  to 

.'^.(1  m  to 

5  on  to 

an  CO  to 

2.1  i.'O  to 

ir.  00  to 
.50  IX)  to 
20  CO  to 

:-  (Ml  to 
.50  (K)  to 

m  00  to 

2.i  tXl  to 
.5  (10  to 

2  00  to 
,50  00  to 
2,5  00  to 

in  no  to 

.5  00 

10  00 

10  (X» 

1  00 


10  00 

2  00 

.50  00 

200  00 
50  00 
10  00 
.30  00 
.30  00 

100  00 
50  00 
50  00 
:»  00 

100  00 
30  00 
10  00 

200  00 
20  00 

100  00 

100  00 
20  00 

KKt  00 
.50  00 
30  00 

100  00 
50  00 

100  nn 

10  00 

5  00 

1,50  00 

100  00 

20  00 


I.  The  foregoing  table  contains  the  Standard  Fees  of  the  medical  profession  of 
Baltimore.  All  bill.s  shall  be  rendered  in  conformity  with  the  above  fee  tables.  They 
may  be  increased,  according  to  the  judgment  of  the  practitioner  concerned,  in  all 
cases  of  extraordinary  detention  or  al  tendance ;  also,  in  proportion  to  the  importance 
of  the  case,  and  the  responsibility  attached  to  it.  and  the  services  rendered,  when 
these  are  extraordinary.  They  may  be  diminished  at  the  discretion  of  the  physi- 
cian, when  he  believes  the  paiient  cannot  aflbrd  to  pay  the  regular  fees  and  yet  is 
able  to  make  some  compensation.  It  shall  be  considered,  however,  as  uii professional, 
to  diminish  the  standard  fees  with  a  view  to  mercenary  competition. 

II.  It  is  not  designed  by  these  regulations  to  prevent  gratuitous  services  to  those 
who  are  incapable  of  making  remuneration  without  distressing  themselves  or  fa- 
milies. 

III.  It  is  expressly  enjoined  on  the  members  of  the  profession  to  decline  all  oflers 
of  a  specific  fee  for  attendance  during  any  given  period  of  time,  as  a  measure  une- 
qual and  often  unjust  in  its  action  on  one  or  other  of  the  parties,  and  as  derogatory 
to  the  character  and  dignity  of  the  medical  profession  in  general. 

IV.  When  the  circumstances  permit,  every  physician  should  present  his  account 
immediately  after  his  attendance  in  an  attack  of  oickuebs.  This  ghaU  be  purticnlarly 
ilteudcd  to  iu  ca^es  ol  Uiiuw  ifery  and  sur^tiy. 


THE  STATE  PUBLIC  SCHOOL  OFFICERS. 

[See  Public  School  Act  of  1872,  page  237.] 
THE  STATE    BOARD  OE  EDUCATION. 

(TRUSTEES  OF  STATE  NORMAL  SCHOOL,  Ex-Ojiivio.) 

M.  A.  Newell.  President;  Dr.  Samuel  Kepler,  Secretary,  Baltimore 
county  ;  P.  A. Witmer,  Washington  county ;  George  M.  Lloyd,  Charles 
county  ;  Dr.  John  P.  K.  Gillis,  Worcester  county. 


THE    STATE    NORMAL    SCHOOL. 

Board  of  Instruction. — M.  A.  Newell,  Principal ;  Sarah  E.  Richmond, 
Vice-Principal;  Mary  Borgman,  Principal  of  Girls'  Model  School; 
William  H.  TolsoD,  Principal  of  Boys'  Model  School ;  Mary  C.  Newell, 
Latin  and  Elocution;  Ellen  C.  Godfrey,  Librarian,  Geography  and 
Botany ;  V.  Marion  Conser,  History  and  Calisthenics ;  Emil  Kett, 
Drawing;  Henry  Allen,  Instrumental  Music. 


THE    COUNTY    SCHOOL    COMMISSIONERS. 

The  following  is  a  list  of  County  School  Commissioners  in  the  Coun- 
ties of  the  State : 

Allegany. — A.  Gondor,  President,  Cumberland ;  Jessie  Wilson,  Oak- 
land ;  Nathan  S.  Frost,  Frostburg ;  G.  G.  McKay,  Secretary. 

Anne  Arundel. — Daniel  T.Hyde,  President,  Annapolis;  Dr.  N.  T. 
Knighton ;  Wm.  H.  Perveil,  Secretary. 

Baltimm-e. — Wm.  Isaac,  President,  Towsontown;    O.  P.  MacGill, 

Towsoutown;  Geist,  Reistertown  ;  James  Hall,  J.  E.  Swift,  218 

S.  Broadway  ;  Samuel  Kepler,  Secretary. 

C'alcert. — B.  D.  Bond,  President,  Port  Republic ;  Dr.  Thornton  Dor- 
sey.  Dr.  John  S.  Smith  ;  Rev.  Samuel  Cornelius,  Secretary. 

Caroline. — Col.  J.  E.  Douglass,  President,  Preston  ;  Wm.  S.  Ridgely, 
Denton;  Dr.  H.  C.  Comegys,  Greensborough  ;  Rev.  George  F.  Beaven, 
Secretary. 

Carroll. — Wm.  Reese,  President,  Westminster  ;  F.  L.  Herring,  David 
Prugh,  R.  C.  McKenny  ;  Alfred  Zollickoffer,  Uniontown  ;  J.  M.  New- 
son,  Secretary. 

Cecil. — Francis  S.  Everest,  President,  Port  Deposit ;  George  Biddle, 
Samuel  J.  England  ;  Rev.  John  Squier,  Secretary. 

CIiarlcs.—Dr.  Thomas  A.  Carrico,  President,  Port  Tobacco  ;  Edmund 
Perry,  John  St.  Mitchell,  Port  Tobacco  ;  George  M.  Lloyd,  Secretary, 
Port  Tobacco. 

Dorchester.— Br.  G.  L.  Hicks,  President,  Connersville;  John  Tub- 
man ;   Dr.  J.  L.  Bryan,  Secretary. 

Frederich. — James  R.  Wheatley,  President,  Middletown  ;  John  W. 
White,  L.  M.  Nixdorf,  Ephraim  Stoner,  James  A.  Deven ;  Andrew 
Kessler,  Jeflerson  ;  John  W.  Page,  Secretary. 


STATE   DONATIONS   TO   COLLEGES,  ACADEMIES,    &C.  17 

Garrett.— W.  A.  Brydon,  President,  Bloomington;  F.  H.  PVost, 
G.  W.  Deluwder  ;  Asa  Mattlievvs,  Secretary. 

Harford.— Dr.  E.  Hall  Hichardson,  Tresident,  Belair  ;  Dr.  W.  W. 
Virdin,  Dr.  S.  Scarhor<)ui{h  ;   Kohert  Henry,  Secretary. 

Howard.— liev.  Mi:  Sheplierd,  President,  EUicott  City;  Win.  Clark, 
Dr.  Williams ;  Dr.  W.  II.  Hardy,  Secretary. 

Kent.— Wm.  Janvier,  President,  Kennedy  ville;  11.  F.  Massey,  R.  W. 
Jones;  Eben  F.  Perkins,  Secretary. 

Montgu)7}eri/.—iiiimue\  Jones,  President,  Offutt's  X  Roads;  W.  M. 
Talbott,  Wni.  T.  Jones;  James  Anderson,  Secretary. 

Pri7ice  Oeorge's.—Di:  J.  H.  Blandibrd,  President,  Tee  Bee;  R.  B.  B. 
Chew,  Gr.  P.  Tiffany;  Dr.  M.  J.  Stone,  Secretary. 

Queen  Anne's.— lion.  R.  B.  Carmicliael,  President,  Queenstown ; 
Dr.  Geo.  W.  Parvis;  J.  W.  Thompson,  Secretary. 

Somerset.— Bv.  Wm.  Stewart,  Piesident,  Princess  Anne;  Dr.  Samuel 
F.  Robertson,  Berry  T.  Jones;  Wm.  E.  Jones,  Secretary. 

St.  Mar fs.— John  F.  Dent,  President,  Milestowu;  Henry  J.  Carroll, 
Wm.  L.  Thomas;  Benjamin  Tippett,  Secretary. 

Tallot. — Henry  P.  Hopkins,  Pi'csident,  Easton ;  Jas,  E.  McDaniel, 
Wm.  M.  HoUiday;  A.  Chaplain,  Secretary. 

Washington. — Dr.  Wm.  Ragan,  President,  Hagerstown ;  B.  A.  Gar- 
binger,  Thos.  H.  Crampton,  Wm.  B.  McLain,  Henry  S.  Eavey ;  P.  A. 
Witmer,  Secretary. 

Wicomico. — E.  E.  Jackson,  President,  Salisbury;  G.  W.  Freeny, 
Train  A.  Borens;  Geo.  W.  M.  Cooper,  Secretary. 

Worcester. — Dr.  John  P.  R.  Gillis,  President,  Whaleyville ;  George 
C.  Townscnd;  Geo.  M.  Upshur,  Secretary,  Snow  Hill. 


STATE     DONATIONS     TO     COLLEGES, 
ACADEMIES,    &c. 

The  following  are  the  Colleges  receiving  State  donations  in  this  State : 
St.  John's  College,  Anne  Arundel,  $15,000.  State  Normal  School, 
Baltimore  city,  !|y,500.  Maryland  Agricultural,  Prince  George's, 
$<),000.  Frederick,  Frederick  Co.,  $800.  Western  Maryland,  Carroll, 
$1,080.  Baltimore  Female  College,  Baltimore  city,  $3,500.  Wash- 
ington College,  Kent,  $8,500. 


The  following  are  the  Academies  and  Schools  receiving  State  dona- 
tions in  this  State : 

Bladensburg,  Montgomery,  $200.  Centreville,  Queen  Anne's,  $600. 
Cambridge — Male  Seminary,  Dorchester,  $571.  Cambridge^Female 
Seminary,  Dorchester,  $500.  Charlotte  Hall,  St.  Mary's,  $1,600. 
Church  Hill,  Queen  Anne's,  $200.  Darlington.  Harford,  $400.  Fair- 
mount,  Somerset,  $400.  Manchester,  Carroll,  $110.  Maryland  Inst, 
for  Deaf  and  Dumb,  Frederick,  $25,000.  Maryland  Inst.  ibr. Instruc- 
tion of  Blind,  Baltimore  city.  Manual  Labor  School,  Baltimore 
county.  Millington,  Kent,  $200.  North-East  Classical  Institute, 
Cecil,  $200.  Hockville,  Montgomery,  $800.  Salisbury,  Wicomico, 
$400.  St.  John's  Literarv  Institute,  Frederick,  $400.  St.  Mary's  Fe- 
male Seminary,  St.  Mary's,  $2,500.  St.  Edward's  Female  Seminary, 
Cumberland.  Shrewsbury,  Kent,  $100.  Upper  Marlboro',  Prince 
George's,  $800.     West  Nottingham,  Cecil,  $500. 


18  THE   SCHOOL   EXAMINERS. 


THE     SCHOOL    EXAMINERS. 

The  following  is  a  list  of  Examiners  to  examine  candidates  for 
Teachers  in  the  diflerent  Counties: 

G.  G.  McKay,  Allegany,  125  schools,  salary  $1,600.  W.  H.  Perveil, 
Anne  Arundel,  52  schools,  salary  $1,100.  Dr.  Samuel  Kepler,  Balti- 
more, 120  schools,  salary  $1,()00.  Richard  Stanforth,  Calvert,  21 
schools,  salary  $750.  Rev.  G.  F.  Beaven,  Caroline,  41  schools,  salary 
$600.  J.  M."^  Newsou,  Carroll,  96  schools,  salary  $1,000.  Rev.  J. 
Squier,  Cecil,  72  schools,  salary  $1,500.  G.  M.  Lloyd,  Charles,  37 
schools,  salary  $800.  Dr.  J.  L.  Bryan,  Dorchester,  02  schools,  salary 
$1,000.  John  W.  Page,  Frederick,  128  schools,  salary  $1,600.  Rob- 
ert Henry.  Harford,  82  schools,  salary  $1,000.  Dr.  Wni.  H.  Hardey, 
Howard,  30  schools,  salary  $1,000.  Chas.  G.  Ricaud,  Kent,  42  schools, 
salary  $500.  James  Anderson,  Montgomery,  53  schools,  salary  $1,200. 
Dr.  M.  J.  Stone,  Prince  George's,  43  schools,  salary  $1,400.  Jas.  W. 
Thompson,  Queen  Anne's,  47  schools,  salary  $1,200.  Rev.  A.  C.  Hea- 
ton,  Somerset,  58  schools,  salary  $600.  J.  Frank  Ford,  St.  Mary's, 
38  schools,  salary  $750.  Alex.  Chaplain,  Talbot,  41  schools,  salary 
$1,000.  P.  A.  Witnier,  Washington,  116  schools,  salary  $1 .000.  Geo, 
W.  M.  Cooper,  Wicomico,  53  schools,  salary  $490.  Geo.  W.  Coving- 
ton, Worcester,  49  schools,  salary  $750. 


20 


THE  KATES   OP   POSTAGE. 


four  and  not  over  eight  ounces,  6  cents;  over  eight  and  not  over 
twelve  ounces,  9  cents.  Quarterly,  not  over  four  ounces,  1  cent ;  over 
four  and  not  over  eight  ounces,  2  cunts;  over  eight  and  not  over 
twelve  ounces,  3  cents.  Payment  must  be  always  in  advance,  must  be 
made  for  not  less  than  one  quarter,  and  the  quarter  (three  months) 
paid  for  may  hegin  at  any  date,  it  not  being  necessary,  as  was  Ibrmerly 
the  case,  to  pay  to  the  end  of  an  official  quarter. 

Postage  on  printed  matter  to  Canada  antl  other  British  Xortli  Amer- 
ican Provinces  can  be  prepaid  only  to  the  boundary  line — the  rates 
being  the  same  as  on  domestic  matter  of  the  same  kind. 

TiiiKD  Class. — [Packages  of  mailable  matter  of  this  class  must  be 
prepaid  by  stamps,  and  n)ust  not  exceed  the  weight  prescribed  by 
law  (which  is  ticelce  ounces,  except  in  the  case  of  books  and  other 
printed  matter,  and  except  packages  of  cotton,  woolen  and  linen  cloth- 
ing sent  to  non-commissioned  officers  and  privates  in  the  army.)  All 
packages  exceeding  the  prescribed  weight  are  subject  to  letter 
postage.] 

On  pamphlets,  occasional  publications,  transient  newsi)apci's,  mag- 
azines and  periodicals,  handbills,  posters,  sheet-music,  unsealed  cir- 
culars, prospectuses,  hook  manuscripts  and  i)roof-sheets,  printed  cards, 
maps,  lithogi-aphs,  prints,  chromo-lithographs  and  engravings,  seeds, 
cuttings,  bulbs,  roots,  and  scions,  1  cent  for  each  two  ounces  or  frac- 
tion thereof,  weight  of  packages  limited  \o  four  pounds. 

On  flexible  patterns,  samples  of  ores,  metals,  minerals,  and  merchan- 
dise, dry  articles  of  merchandise,  (samples  or  not,)  sample  cards,  pho- 
nographic paper,  letter  envelops,  postal  envelops  and  wrappers,  un- 
printed  cards,  jilain  unci  ornamental  paper,  photograjjlis,  and  all 
other  articles  for  which  other  rates  of  jx^stage  are  not  prescribed  in 
this  table,  and  which  are  not  by  law  excluded  from  the  mails,  2  cents 
for  each  two  ounces  or  fraction  thereof,  weight  of  packages  limited 
to  twelve  ounces. 

On  books,  2  cents  for  each  two  ounces  or  fi-action  thereof,  weight  of 
packages  limited  to  four  pounds. 

On  packages  of  woolen,  cotton,  or  linen  clothing,  addressed  to  non- 
commissioned officers  or  privates  in  the  army  of  the  United  States,  1 
cent  for  each  ounce  or  fraction  thereof,  weight  of  packages  limited  to 
two  pounds. 

On  unsealed  circulars,  newspapers,  (whether  transient  or  addressed 
to  regular  subscribers— excepting  tceekly  jjapcrs,  which  may  be  deliv- 
ered to  subscribers  on  prepayment  of  regular  (juarterly  rates,)  and  on 
periodicals  not  exceeding  two  ounces  in  weight,  when  any  of  the  same 
are  deposited  in  a  letter-carrier  office  for  delivery  by  the  office  or  its  car- 
riers, 1  cent  each. 

On  periodicals  exceeding  two  ounces  in  weight,  when  deposited  in  a 
letter-carrier  office  lor  delivery  by  the  office  or  its  carriers,  2  cents  each. 

Postal  Cakds,  on  which  messages,  orders,  notices,  and  other 
short  communications  may  be  printed  or  written  in  pencil  or  ink, 
may  be  procured  at  any  post  office,  at  a  cost  of  1  cent  each,  and  can 
be  sent  through  the  mails  without  further  charge.  The  message,  etc., 
must  be  always  written  on  the  hack  of  the  card.  If  anytliing  but  the 
address  is  written  on  Xhcface,  letter  postage  must  be  paid  by  stamps, 
or  the  card  will  not  be  forwarded.  Notliing  w'hatever  must  be  at- 
tached to  the  card ;  and  a  blank  postal  card  attached  to  another  one  for 


THE  RATES   OF  POSTAGE. 

The  following  compact  statement  of  Eates  and  Rules  of  Postage, 
under  the  late  Post  Office  Law,  will  be  foniKl  useful : 

[All  domestic  mail  matter  (except  newspapers,  magazines  and  peri- 
odicals sent  to  actual  subscribers  from  a  known  office  of  publication) 
must  be  prepaid  by  postage  stsimps.  There  is  no  franking  privilege, 
and  no  "iree"  mail  matter.  A  letter  on  which  one  full  rate  of  postage 
is  prepaid,  but  on  which  further  postage  is  chargeable,  will  be 
forwarded,  when  deposited  in  a  post  office,  and  the  deficient  postage 
collected  on  delivery.  If  the  postage  is  left  wholly  unpaid,  or  is  pre- 
paid less  than  one  full  rate,  it  will  be  "held  for  postage,"  and  sent  to 
the  Dead  Letter  Office.  Should  it  reach  its  destination  by  inadver- 
tence, however,  it  will  be  charged  with  dortUe  postage  on  delivery. 
'■One  full  rate"  means,  in  the  case  of  mail  letters,  three  cents.  All  mat- 
ter other  than  letters  must  he,  fully  prepaid,  or  it  will  not  be  forwarded 
except  jjossibly  by  inadvertence,  in  which  case  douUe  postage  will  be 
collected  on  its  delivery.] 

Tlie  following  are  the  rates  payable  on  the  different  classes  of  do- 
mestic mail  matter: 

First  Class.— On  letters,  sealed  packages,  mail  matter  wholly  or 
partly  in  writing  (except  look  manuscripts  and  corrected  proof  sheets 
passing  between^authors  and  publishers,  and  except  local  or  "drop"  let- 
ters ;)  on  all  ]-)rinted  matter  so  marked  as  to  convey  any  other  or  lurther 
information  than  is  conveyed  by  the  original  print  (except  the  correc- 
tion of  typographical  errors;)  on  all  matter  not  otherwise  chargeable 
with  letter  postage,  but  which  is  so  wrap})ed  or  secured  that  it  can- 
not be  conveniently  examined  by  postmasters  without  destroying  the 
Avrapper  or  envelop;  on  all  newspapers,  magazines,  and  periodicals 
sent  from  publishers  to  subscribers  and  inclosing  ariy  article  ichatever 
except /w/ur. /7Ve  supplements  or  bills  and  receipts  for  subscriptions ; 
and  on  all  packages  of  matter  not  in  itself  chargeable  with  letter  p()st- 
age,  but  in  which  is  inclosed  or  concealed  any  letter  or  other  thing 
chargeable  with  letter  postage,  3  cents /or  each  half-ounce  or  fraction 
there()f,  weight  of  packages  limited  to  four  pounds. 

On  local  or  "drop"  letters,  at  offices  where  free  delivery  by  carriers 
is  established,  2  cents  for  each  half-ounce  or  fraction  thereof,  weight 
of  packages  limited  to  four  pounds. 

On  loc+d  or  "drop"  letters,  at  offices  where  free  delivery  by  carriers 
is  not  established,  1  cent  per  half-ounce  or  fraction  thereof,  weight  of 
packages  limited  to  four  jwunds. 

Second  Class. — On  newspapers  and  periodicals  to  regular  sub-^ 
scribers  (payalle  quarterly  in  enrrencji  either  at  the  o_j.ce  of  mailing  or  of 
delivery.)  iVhen  i)ublished  daily,  aS  cents  per  quarter;  six  times  per 
week,  30  cents;  tri-weekly,  15  cents;  semi-weekly,  10  cents;  weekly. 
5  cents.  When  published  less  frequently  than  once  a  week,  the  I'ollow- 
ing  arc  the  quarterly  rates  :  Semi-monthly,  not  over  four  ounces.  6  cents ; 
over  four  and  not  over  eight  ovuices,  12  cents  ;  over  eight  and  not  over 
twelve  ounces,  18  cents.     Monthly,  not  over  four  ounces,  3  cents;  over 


THE   RATES   OF   POSTAGE.  21 

reply  will  be  cancelled  and  rendered  useless  for  that  purpose.  Postal 
cards  will  he  fo7-icarded  from  one  office  to  another,  in  case  of  removal 
of  the  person  addressed,  but  will  in  no  case  be  returned  to  writer,  nor 
sent  to  Dead  Letter  Office,  nor  advertised. 

Domestic  Money  Ordeus  are  issued  at  any  money  order  post 
office  in  the  United  States,  payable  at  any  other  money  order  post 
office,  in  sums  of  not  more  than  iil'ty  dollars.  Larger  amounts  can  be 
sent  to  the  same  person  by  additional  orders.  Kates:  On  orders  not 
exceeding  $10,  Scents;  over  $10  and  not  exceeding  .$20,  10  cents; 
over  $20  and  not  exceeding  $30,  15  cents;  over  $30  and  not  exceed- 
ing $40,  '20  cents;   over  $40  and  not  exceeding  $50,  25  cents. 

FoKEiGN  Money  Okdeks. — At  the  principal  money  order  post 
offices  in  the  United  States,  (including  all  the  larger  post  offices,) 
money  orders,  payable  at  money  order  post  offices  in  Great  Britain, 
Ireland  and  Switzerland,  may  be  procured  at  the  following  rates:  On 
orders  not  exceeding  $10,  25  cents:  over  $10  and  not  exceeding  $20, 
50  cents ;  over  $20  and  not  exceeding  $30,  75  cents  ;  over  $30  and  not 
exceeding  $40,  $1 ;  over  $40  and  not  exceeding  $50,  $1.25.  Orders 
can  also  be  obtained  on  Germany,  at  the  following  rates :  On  orders 
not  exceeding  $5,  15  cents;  over  $5  and  not  exceeding  $10,  25  cents; 
over  $10  and  not  exceeding  $20,  50  cents;  over  $20  and  not  exceed- 
ing $30,  75  cents ;  over  $30  and  not  exceeding  $40,  $1 ;  over  $40  and 
not  exceeding  $50,  $1.25. 

Unclaimed  Letters. — All  letters  remaining  unclaimed  for  thirty 
days  in  a  post  office  after  being  advertised,  are  sent  to  the  Dead  Let- 
ter Office,  except  letters  bearing  a  request  to  return  to  the  writer  if 
not  called  for  within  a  specitied  time,  and  letters  bearing  the  name 
and  address  of  the  writer  on  the  outside.  Such  letters  are  not  adver- 
tised, and  are  not  sent  to  the  Dead  Letter  Office,  but  are  returned  direct 
to  the  writers.  The  use  of  "request"  envelops  is  recommended  to  the 
public. 

Forwarding  Letters  Free. — Prepaid  and  free  letters  are  for- 
warded from  one  post  office  to  another  at  the  request  of  the  jJersons 
addressed,  without  additional  postage.  But  a  letter  that  has  been 
once  delivered  to  an  authorized  i^erson  cannot  be  remailed  to  a  new 
address  without  the  prepayment  of  additional  postage.  Drop  letters, 
when  forwarded  by  mail  to  another  post  office,  must  be  prepaid  at  3 
cents  per  half-ounce.  No  mail  matter  except  letters  or  postal  cards, 
can  be  forwarded  to  a  new  address  except  on  prepayment  of  postage 
by  stamps  at  regular  rates. 

Registered  Letters. — Letters  can  be  registered  to  any  part  of 
the  United  States  and  Territories  on  paymcnr  of  a  registration  lee  of 
15  cents;  to  Great  Britain,  Ireland,  Germany,  Italy,  Switzerland,  Hol- 
land, West  Indies,  and  Panama,  on  the  payment  of  a  lee  of  8  cents; 
to  Canada,  Nova  Scotia,  New  Brunswick,  and  Prince  Edward's 
Island,  on  payment  of  a  fee  of  5  cents;  and  to  the  princi])al  countries 
of  Europe,  and  certain  ports  and  cities  of  Asia  and  Alrica,  (m  pay- 
ment of  fees  varying  from  8  to  17  cents.  All  registration  lees  must 
be  paid  by  stamjis,  and  the  postage  on  all  registered  letters  must  also 
be  prepaid  in  full  by  stamps.  The  public  are  desired  by  the  Post 
Office  never  to  send  money  or  valuable  articles  in  unregistered  letters. 
Postmasters  at  all  post  offices  are  obliged  to  register  letters  and  pack- 
ages when  requested  to  do  so. 


23  NEWSPAPER   POSTAGE. 

PREPAYMENT   OP    NEWSPAPER   POSTAGE. 


Page  19.  The  Act  of  June,  1874,  amended  the  Postage  Law  as  follows : 
Six.  5.  That  on  and  after  the  first  day  of  January,  1875,  on  all 
newspapers  and  periodical  publications  mailed  from  a  known  office 
of  publication  or  news  agency,  and  addressed  to  regular  subscribers 
or  news  agents,  postage  shall  be  charged  at  the  following  rates:  On 
newspapers  and  periodical  publications,  issued  weekly  and  oftener, 
two  cents  a  pound  and  fraction  thereof;  less  frequently,  three  cents  a 
pound  and  fraction  thereof;  Provided,  that  nothing  in  this  Act  shall 
be  held  to  change  or  amend  sect.  99  of  the  Act  of  June  8th,  1872. 

Sec.  6.  That  on  and  after  the  first  day  of  January,  1875,  upon  the 
receipt  of  such  newspaper  and  periodical  publications  at  the  office  of 
mailing,  they  shall  be  weighed  in  bulk,  and  postage  paid  thereon  by 
a  special  adhesive  stamp,  to  be  devised  and  furnished  by  the  Post- 
master General,  whicli  shall  be  affixed  to  such  matter,  or  to  the  sack 
containing  the  same,  or  upon  a  memorandum  of  such  mailing. 

Skc.  7.  That  newspapers,  one  copy  to  each  actual  sul)scriber  re- 
siding within  the  county  where  the  same  are  printed,  in  wliole  or  in 
part,  and  published,  shall  go  free  through  the  mails;  but  the  same 
shall  not  be  delivered  at  letter-carrier  offices  or  distributed  by  car- 
riers, unless  postage  is  paid  thereon  as  by  law  provided. 

Sec.  8.  That  all  mailable  matter  of  3d  class,  referred  to  in  Act  oi' 
June  8th,  1873,  may  weigh  not  exceeding  four  jiounds  for  each  pack- 
age thereof,  and  postage  shall  be  charged  thereon  at  the  rate  of  one 
cent  for  each  two  ounces  or  fraction  thereof. 

Sec.  9.  That  the  Postmaster  General,  when  in  his  judgment  it  shall 
be  necessary,  may  prescribe  by  regulation,  an  affidavit  in  lorm,  to  be 
taken  by  each  publisher  of  any  newspaper  or  periodical  publication 
sent  through  the  mails  under  the  provisions  of  this  Act,  or  news-agent 
who  distributes  any  of  such  newspapers  or  periodical  publications 
under  the  provisions  of  this  Act,  or  employee  of  such  publisher  or 
news-agent,  stating  that  he  will  not  send,  or  knowingly  permit  to  be 
sent,  through  the  mails,  any  copy  or  copies  of  such  newspapers  or 
periodical  publications  except  to  regular  subscribers  thereto,  or 
news-agents,  without  prepayment  of  the  postage  thereon  at  the  rate  of 
one  cent  for  each  two  ounces  or  fractional  part  thereof;  and  if  such 
publisher  or  news-agent,  or  Employee  of  such  publisher  or  news-agent, 
when  required  by  the  Postmaster  General  or  any  special  agent  of  the 
Post  Office  Department  to  make  such  affidavit,  shall  refuse  so  to  do, 
and  shall,  thereafter,  without  having  taken  such  affidavit,  deposit  any 
newsjiapers  in  the  mail  for  transmission,  he  shall  i)e  deemed  guilty  of 
a  mi^^demeanor,  and,  on  conviction,  shall  be  fined  not  exceeding  one 
thousand  dollars  for  each  refusal;  and  if  any  such  jjerson  shall 
knowingly  and  willfully  mail  any  matter  without  the  payment  of 
postage  as  ])rovided  by  this  Act,  or  procure  the  same  to  be  done  with 
the  intent  to  avoid  the  iirepayment  of  postage  due  thereon  ;  or  if  any 
postmaster  or  post  office  otiicial  shall  knowingly  permit  any  sucli 
matter  to  be  mailed  without  the  prepayment  of  postage  as  provided 
in  this  Act,  and  in  violation  of  the  provisions  of  the  same,  he  or 
tli(  y  sliall  be  deemed  guilty  of  a  misdemeanor,  and,  on  conviction 
thcreul,  shall  be  fined  not  more  than  one  thousand  dollars,  or  im 
jiriboned  not  exceeding  one  year,  or  both,  in  the  discretion  of  the  court 


THE  GOVERNMENT  OF  THE 
UNITED  STATES. 

EXECUTIVE     DEPARTMEITT. 

President  of  the  United  Staten. — U.  S.  Gi;ant. 

Secretary. — Gen.  O.  E.  Eabcock. 

Private  Secretary. — Levi  P.  Euckcy. 

Assidant  Private  Secretary. — C.  C.  Sniiycn. 

Executive  Ghrlm. — William  H.  Crook  and  O.  L.  Pniden. 

United  States  MarsJial. — Alcxaiitler  Sharp. 


Vice-President. — Henky  Wilson,  oi  Massachusetts. 


DEPARTME^rr     OF     STATE. 

Secretary  of  State.— Kk^iu/vo^  Fish. 
Assistant  Secretary. — J.  C.  Bancrni't  Davis. 
Second  Assistant  Secretary. — AViliiam  Hunter. 
Chief  CUrh. — Sevellon  A.  Brown. 


TREASURY     DEPARTMENT. 

Secretary  of  the  Treasury. — Wilijaji  A.  Riciiabdson. 

Assistant  Secretaries. — F.  A.  Sawyer  and  John  F.  Hartley. 

Chief  Cleric. — James  li.  Saville. 

Private  Secretai-y  to  Secretary  of  the  Treasvry. — E.  C.  Bartlett. 

Chief  of  Bureau  of  Statistics. — Edward  Yi  i  ung. 

Chief  of  Bureau  of  Engraving  and.  Printing. — George  B.  McCarter. 

First  Comptroller. — Robert  W.  Taylor. 

Second  Conipiroller. — J.  Isl.  Brodhead. 

Comrnissioner  of  Customs. — W.  T.  Haines. 

Register  of  the  Treasury. — John  Allison. 

First  Auditor.— TiA\\(\  AV.  Malion. 

Second  Auditor. — Ezra  B.  French. 

Third  Auditor. — Allan  Rutheriord. 

Fourth  Auditor. — Stephen  W.  Tabor. 

Fifth  Auditor.—!.  II.  Ela. 

Sixth  Auditor. — J.  J.  Martin. 

Treasurer  of  the  United  States. — Francis  E.  Sjiinner. 

Comptroller  of  the  Currency.— 3 o\\n  J;iy  Knox. 

Coymnitsioner  of  Internal  Jievenue.—i].  W.  DouLrlass. 

Light  House  Board. — Prof.  Jose;)!!  Henry,  Chairman. 

United  States  Coast  Survey. — Benjamin  Pierce. 


022  GOVERNMENT    OF   THE    UNITED   :3TATES. 

WAR    DEPARTMENT. 

Secretary  of  War. — William  W.  Belknap. 
Chief  GlerJ^-.—J.  T.  Crosby. 
General  of  the  Army. — Gen.  Win.  S.  Sherman. 
Adjutant  General. — Br.  Maj.  Gen.  E.  D.  Townsend. 
Quartermaster  General. — Br.  JNIuj.  Gen.  M.  C.  Meigs. 
Surgeon  O^ieral. — Br.  Maj.  Gen.  Josepli  K.  Barnes. 
Paymaster  General. — Br.  B.  Gen.  Benjamin  Alfonl. 
Commissary  General. — Br.  Maj.  Gen.  Amos  B.  I'^aton. 
Chief  of  Engineers. — Br.  Maj.  Gen.  Andrew  A.  Humplireys. 
Judge  Advocate  General. — Br.  Maj.  Gen.  Joseph  Holt. 
Inspector  General. — Bi-.  Maj.  Gen.  Randolph  11.  Marcy. 


NAVY     DEPARTMENT. 

Secretary  of  the  Nav)!. — George  M.  Robeson. 

Chief  Clerk.— B..  E."  Offley. 

Chief  of  Bureau  of  Yards  and  Docks. — Com.  C.  R.  Rodgers. 

Chief  of  Bureau  of  Navigation. — Com.  Daniel  Ammen.  . 

Chief  of  Bureau  of  Ordnance. — Capt.  \\'illiam  N.  Jetfers.  t[ 

Cliief  of  Bureau  of  Provisions  and  Clothing. — Paymaster  General  J. 
n.  Watmou^h. 

Chief  of  Bureau  of  Medicine  and  Surgery. — Surgeon  General  Josepli 
Beale. 

Chief  of  Bureau  of  Construction  and  Repair. — Isaiah  Hanscom. 

Cliief  of  Bureau  of  Equijmient  and  llecraitimj. — Cora.  Wm.  Reynolds. 

Chief  of  Bureau  of  Steam  Engineering. — AV.  W.  Av'ood. 

Admiral's  Of  ice. — Admiral  D.  D.  Porter. 

Secretary  to  Admiral. — J.  M.  Alden. 


INTERIOR    DEPARTMENT. 

Secretary  of  the  Interior. — Columbus  Delano. 

Assistant  Secretary. — Benjamin  R.  Cowen. 

Chief  Clerk.— \N\\VvAm  C'.  Morrill. 

Commissioner  of  the  Land.  Ojlice. — Willis  Drummond. 

Commissioner  of  Pensiuihs. — J.  11.  Baker. 

Commissioner  of  Indian  OjHre. — Edward  P.  Smith. 

Commisssoner  of  Patents. — JNI.  D.  LeL^y-ett. 


POST     OFFICE     DEPARTMENT. 

Post  Master  General. — J.  A.  J.  Creswell. 

Fii-st  Assistant  Post  Master   Geiiercd. — James  W.  Marshall. 

Chief  Clerk. — James  H.  Marr. 

Second  Assistant  Clerk. — Jolin  L.  Routt. 

Chief  Clerk.— :i6\m  L.  French. 

Third  Assistant  Clerk.— B.  W.  Barber. 

Chief  Clerk.— WWlhim  M.  Irehind. 

Superintendent  of  the  Money  Order  Office. — C.  F.  Macdonald. 


GOVERNMENT    OF  THE   UITITED   STATES.  63i 

Superintendent  of  Foreign  3/a/?s.— Joseph  H.  Blackfan. 
Superintetident  of  linihmy  Mail  Service. — George  S.  Bangs. 
I'opographer.—\\a,\\.(iV  N.  Nicholson. 

Auditor  of  the  Treasnnj  for  P.  0.  Department.— iacoh  J.  Martin. 
Chief  Clerk.— J.  M.  McGrew. 


SUPREME     COURT     OF     THE     UNITED     STATES. 

Chief  Justice. — Morrison  R.  Waite,  of  Oliio. 

Associate  Justices.— ^Aihun  ClilT.-nl,  Noah  H.  Swavne,  Salav  F. 
Miller,  David  Davis,  Ste^jhen  J.  Field,  Wni.  31.  Strong,  Joseph  P. 
Bradley  and  AVard  Hunt. 

Clerk  of  the  Supreme  Court. — D.  W.  Middlcton. 

Marshal. — John  G.  Nicolay. 

Repoi'ter. — John  Wm.  Wallace. 


UNITED     STATES     COURT     OF     CLAIMS. 

Chief  Justice. — Charles  D.  Drake. 

Jwc^grfs— Edward  G.  Loring,  Ebenezer  Peck,  Charles  C.  Nott  and 
Samuel  Milligan. 

Chief  Clerk. — Archibald  Hopkins. 
Assistant. — John  Randolph. 


REDUCED    COMPENSATION    OF   UNITED    STATES 
GOVERNMENT    OFFICERS. 

Since  the  preceding  pages  were  printed,  the  compensation  of  cer- 
tain United  States  Government  Officers,  increased  by  the  Act  of  Con- 
gress of  March  3,  1873,  ch.  220,  have  been  reduced  by  the  Act  of 
January  13,  1874,  to  its  former  standard,  (nearly,)  excepting  the 
President  and  Justices  of  the  Supreme  Court,  &c.,  -which  is  as  follows : 

President  of  the  United  States, $.50,000 

The  Justices  of  the  Sujjreme  Court,  each, 10,000 

Vice-President, 8.000 

Members  of  Congress,  (and  the  old  mileage  rates,). . .      5,000 
The  seven  Cabinet  Ministers,  each, 8,000 

The  remaining  Officers,  whose  salaries  were  increased  by  the  Act 
of  1873.  have  also  had  them  restored,  by  the  Act  of  1874,  to  their  pre- 
vious rates. 


634 


TUK    FOraV-THIKD    CONGRESS. 


POHTY-THIIID    CO  IT  GR  ESS. 


LIST  OF  MEMBERS  OF  THE  SENATE  AND  THE  HOUSE 
OF  REPIIESEMTATIVES. 


[Rej^ublicans  in  Roman;  Democrats  in  It;ilics.] 

THE     SENATE. 
V'"-  "Pj-csident  Heis^ry  Wilson,  of  Mass.,  President. 

A  T.AC  AM  A.  I  LOUISIANA. 

George  Goldthwaite 1877  |  J.  Rodman  West 1877 

George  E.  Speiicer 1879  l  P.  B.  S.  Pincbback 1879 

ARKANSAS.  |  SIAINE. 

Powell  Clayton 1877  !  Hannibal  Hamlin lS7o 

SteiJhen  W.  Dorsry 1879     Lot  M.  Morrill 1877 

CALlFOliNIA. 

Vacant 1875 

Aaron  A.  Sargent 1B7'J     George  S.  Boutwcii 1877 


MASSAOIICSETTS. 

Charles  Sumner ....  187.'> 


CONNECTICUT. 

Wm.  A.  Buckingham 1875 

Orris  S.  Ferry 1879 

DELAWARE. 


MA.RYJ,AKD. 

Wmiam  T.  IRivrihvn 1375 

George  B.  Dennis 18V 9 

MICrilGAN. 


Thomas  F.  Bayard 1877  i  Zachariah  Chandler 1875 

j:ii  Sauhlunj 1877  i  Thomas  W.  Ferry 1877 


FLORIDA. 

Al)ijah  Gilbert 1875 

Simon  B.  Conover Iy79 

GEORCTA. 

Thomas  M.  Norwood 1875 

John  B.  Gordon 1879 

ILLINOIS. 


MINNESOTA. 

Alexander  Ihunsey 1875 

"Wliliam  Y\'indom 1877 

MISSISSIPPI. 

Adelbert  Ames 1875 

James  L.  Alcorn 1877 

MISSOURI. 


Jolm  A.  Log:!n 1 877  j  Carl  Sclmrz 1S75 

Richard  J.  Ogleshy 1879  :  Louis   V.  Bogy 1879 

INDIANA.  i  NEBRASKA.' 

Daniel  D.  Pratt 1875  ;  Thomas  W.  Ti])toii 1875 

Oliver  P.  Morton 1879     Phineas  W.  Hitchcock 1877 

IOWA.  I  NEVADA. 

Georse  G.  Wright 1 877  ,  William  M.  Stewart 1875 

William  B.  Allison 1879  ;  John  P.  Jones 1879 

KANSAS.  j  NEW   HAMPSIIIRE. 

Robert  Cro/.ier 1877  j  Aaron  H.  Cragin 1877 

John  J.  Ingalls Ib79  !  Bainbridge  VVad.eigii 1879 

KENTUCKY.  j  NEW   JERSEY. 

.rohn  W.  Starns 1877  '  John  P.  Stodton 1875 

Thomas  C.  McCrscry 1879  ,  F.  T.  l'rcUngluiy:.-fn 1877 

[The  figuret;  dtiiotc  the  expiraUou  uf  the  Terma  of  the  Senators.] 


THE   FOKTY-TIIIUD   COXGUI.SS.  025 

IJonben  E.  Fenton 1875  ••  ^Vm.  G.  Brownlow 1875 

Koscoc  Conkling 1879     jj,^j.y  hooper 1877 

NORTH    CAKOLINA.  TUVACJ 

:>[atthew  W.  Kamom 1877     ^       w  -n.,         "    "  ,o-- 

Augmtus  8.  Merrimon 1879     'l"^-  ^^-  ^^^"f -''", ^ ^v .. 

Morgan  C.  Hamilton 1877 


OHIO. 


*o 


AlUn  G.  Thmnan 1875  I  vkkmont. 

John  Sherman 1879     Geo.  F.  Edmunds 1875 

OREGON.  Justin    S.  Morrill .1879 

James  K.  Kelly 1877  Virginia. 

John  H.  Mitchell 1879     John  F.  Lewis 1875 

PENNSYLVANIA.  John  W.  Johnston 1877 

.Tohn  Scott 1875  west  viroini\. 

Simon  Cameron 1879     Arthur  I.  Boreman 1875 

RHODE  ISLAND.  Jlcnri/  O.  Davis 1M77 

William  Sprague 1875  '  Wisconsin. 

:\[aft.  II.  Car])eiiter 1875 

Timothy  O.  Howe 1877 


Henry  B.  Anthony 1877 

SOUTH    CAROLINA. 

Thos.  J.  Robertson 1877 

John  J.  Patterson 1879  I 


[The  figures  deuote  the  cxpiratiou  of  the  Terms  of  the  t^cnators.] 

Mr.  Pinchbacli's  seat  is  contested  as  Senator  f.-om  Louisiana.     Five 
of  theReiJublicau  Senators  are  known  as  "Liberals." 


Officers    of    the    Senate. 

President  of  the  Senate. — Henry  Wilson,  of  ^lass. 
Chaplain. — Rev.  Byron  Sunderhind. 
Prixate  Secretarij. — Samuel  Hunt. 
Secretary  of  the  Senate. — George  C.  Gorhara. 
Chief  G'lerk.—\Y.  J.  McDonahl. 
Principal  Legislatice  Clerk. — John  II.  Flagg. 
Principal  Executive  Clerk. — James  R.  Yming. 
Minute  and  Journal  Clerh. — W\\\.  E.  Spencer.  \ 

Financial  Clerk. — R.  B.  Nixon.  ' 

lAhrarian. — George  S.  Wagner. 

Clerks.— C.  C.  Sympson,  M.  R.  Sliankhmd,  W.  W.  Presburj,  George 
C.  Garrison,  Henry  E.  Fitz  and  H.  B.  ."\IcDonald. 
Sergeant-at-Arms. — John  R.  French. 
Assistant  Door-keeper. — Isaac  Bassett. 
Postmaster  oj^  Semite. — Wm.  H.  Maguire. 
Superintendent  of  Folding  lioom. — L.  D.  Mercliant. 


G2G 


THE    FOIlTY-Tnil'.D    CONGUESS. 


HOUSE     OF     REPRESENTATIVES. 


[Names  of  members  whose  scuts  arc  contested  have  a  *  prefixed.] 


1. 
o 

3. 

4. 


ALABAMA. 

■it  Large— Wax.  White, 

Cluirles  C.  Sheats. 
Fred.  O.  BrmnMrg. 
James  T.  R;q3ier. 
Charles  Pclham. 
Charles  Hayes. 

5.  John  11.  CaldwelL 

6.  Joseph  11.  Sloss. 

ARKANSAS. 

At  iMvge — Wm.  J.  Rynes. 

1.  *Asa  Hodges. 

2.  Oliver  P.  Snyder. 

3.  *  Thomas  M.  Qunter. 

CALIFORNIA. 

1.  Charles  Clayton. 

2.  Horace  F.  Page. 

3.  John  K.  Lvttrell. 

4.  Sherman  O.  Houghton, 

CONNECTICUT. 

1.  Joseph  R.  Hawley. 

2.  Stephen  W.  Kellogg. 

3.  Henry  H.  Starkweatl    -. 

4.  William,  H.  Barnum. 

DELAWARE. 

1.  James  R.  Lofland. 

FLORIDA. 

1.  Josiah  T.  Walls. 

2.  William  J.  Purman. 

GEORGIA. 

1.  Morgan  Bawls. 

2.  Ric'iiard  H.  AVhiteley. 

3.  Philip  Cook. 

4.  Henry  B.  Harris. 
.5.  James  C.  Freeman. 
G.  James  11.  Blount. 

7.  Pierce  M.  B.  You7tg. 

8.  Alexander  II.  Stephens. 

9.  Hiram  P.  Bell. 

ILLINOIS. 

1.  John  B.  Rice. 

2.  Jasper  D.  Ward. 

3.  Charles  B.  Farwell. 


4.  Stephen  A.  Hnrlbut. 

5.  Horatio  C.  Burchard. 

6.  John  B.  H;xwley. 

7.  Franklin  Corwin. 

8.  Greenbury  L.  Fort. 

9.  Granville  Barrere. 

10.  William  H.  Ray. 

1 1 .  llolie,  t  M.  Knapp. 

12.  James  C.  Bobinwn. 

13.  John  McNulta. 

14.  Joseph  G.  Cannon. 

15.  John  B.  Eden. 

16.  James  S.  Martin. 

17.  William  B.  Morrison. 

18.  Isaac  Clements. 

19.  Samuel  8.  Marshall. 


INDIANA. 


At  Large- 


Godlove  S.  Orth, 
Wm.  Williams, 

1.  William  E.  Nihlach. 

2.  Simeon  K.  Wolfe. 

3.  Williwn  S.  Holman. 

4.  Jeremiah  M.  Wilson. 

5.  John  Coburn. 

6.  Morton  C.  Hunter. 

Thomas  J.  Cason. 

James  N.  Tyner. 

John  P.  C.  Shanks. 

Henry  B.  Saylor. 

Jasper  Packard. 


t 

8 

9 

10 

11 


IO"WA. 

1.  George  W.  McCrary. 

2.  Avlett  R.  Cotton. 

3.  William  G.  Donnan. 

4.  Henry  O.  Pratt. 
.5.  James  Wilson. 

G.  William  Loughridge. 

7.  John  A.  Kasson. 

8.  Janu's  \V.  :\IeDill. 

9.  Jackson  Orr. 

KANSAS. 

At  Large — David  P.  Lowe, 
Stcph.  A.  Cobb, 
William  A.  Phillips. 


THE   FOUTY-TiriRD   CONGRKSS. 


627 


KENTUCKY. 

1.  Edward  CroKdand. 

2.  John  Y.  Brown. 

3.  Charles  W.  MiJUhen. 

4.  WilUam.  B.  Read. 

5.  Elisha  D.  titandeford. 
G.  William  E.  Arthur. 

7.  James  B.  Bock. 

8.  Milton  J.  Dnrham,. 

9.  Gciinje  M.  Adams. 
10.  John  D.  Young. 

LOUISIANA. 

At  Large — Vacancy. 

1.  *J.  Hale  Svpher. 

2.  *Lionel  A.'  Sheldon. 

3.  Chester  B.  Darrall. 

4.  *Georije  L.  Smith. 

5.  Frank  Morey. 

MAINE. 

1.  John  ?T.  Burleigh. 

2.  William  P.  Frye. 
8.  James  G.  Blaine. 

4.  Samuel  F.  Hersey. 

5.  Eugene  Hale. 

MARYLAND. 

1.  Ephraim  K.  Wilson. 

2.  Stevenson  Archer. 

3.  William  J.  CfBrien. 

4.  Thomas  Swann, 

5.  William  J.  Albert. 

6.  Lloyd  Lowndes,  Jr. 

MASSACHUSETTS. 

\.  James  Butlinton. 

2.  Benjamin  W.  Harris. 

3.  Henry  L.  Pierce. 

4.  Samuel  Hooper. 

5.  Daniel  W.  Gooch. 

G.  Benjamin  F.  Butler. 

7.  E.  Rockwf)od  Hoar. 

8.  John  M.  S.  Williams. 

9.  George  F.  Hoar. 
10.  Alvah  Crocker. 
n.  Henry  L.  Dawes. 

MICHIGAN. 

\.  Moses  W.  Field. 

2.  Henry  Waldron. 

3.  George  Willard. 

4.  Julius  C.  Burrows. 

38 


5.  William  B.  Williams. 

6.  Josiah  \V.  Begole. 

7.  Omar  I),  (.'onger. 

8.  Nathaniel  H.  Bradley. 

9.  Jay  A.  Ilul.bell. 

MINNESOTA. 

1.  Mark  H.  Dunnell. 

2.  Horace  B.  Strait. 

3.  Jolin  T.  Averili. 

MISSISSIPPI. 

1.  Lucius  Q.  (J.  Lamar. 

2.  Albert  \i.  Howe. 

3.  Henry  W.  Barry. 

4.  Jason  Niles. 

5.  George  C.  McKee. 

6.  John  R.  Lynch. 

MISSOURI. 

1.  Edwin  O.  Stannard. 

2.  Erastus  Wells. 

3.  William  If.  Stone. 

4.  Boliert  A.  Batcher. 

5.  Richard  P.  Bland. 

6.  Harrison  E.  Havens. 

7.  Thomas  T.  Crittenden. 

8.  Abram  Cvmingo. 

9.  Isaac  C.  Parker. 

10.  Ira  B.  Hyde. 

11.  John  B.  Clark,  Jr. 

12.  John  M.  Olover. 

13.  Aylett  H.  Buckner. 

NEBRASKA. 

Lorenzo  Crounse. 

NEVADA. 

Clmrles  W.  Kendall. 

NEW    HAMPSHIRE. 

1.  Willian  B.  Small. 

2.  Austin  F.  Pike. 

3.  Hosea  W.  Parker. 

NEW    JERSEY. 

1.  John  W.  Ha/.leton. 

2.  Samuel  A.  Dobbins. 

3.  Amos  Clark,  Jr. 

4.  Robert  Hamilton. 

5.  William  Walter  Phelps. 

6.  Marcus  L.  Ward. 

7.  Isaac  W.  Scudder. 


628 


THE    FOKTY-THIRD   CONGKES8. 


NEW   YORK. 

At  Large— 'Lyma.n  Tremain. 

1.  Henry  W.  Scudder. 

2.  John  G.  Schumaker. 

3.  Stewart  L.  Woodford. 

4.  Philip  S.  Crooke. 

5.  William  R.  Roberts. 

6.  Samuel  S.  Cox. 

7.  Thomas  J.  Creamer. 

8.  John  D.  Lawson. 

9.  David  B.  Mellish. 

10.  Fernando  Wood. 

11.  Clarl-son  JS'.  Potter. 

12.  Charles  St.  John. 

13.  John  0.  Whitehouse. 
U.  Bar  id  M.  Be  Witt. 
lo.  Eli  Perry. 

16.  James  S.  Smart. 

17.  Robert  S.  Hale. 

18.  William  A.  Wheeler. 

19.  Henrv  H.  Hathorne. 

20.  David  Wilber. 

21.  Clinton  L.  Merriam. 

22.  Ellis  H.  Roberts. 
2:3.  William  E.  Lansing. 

24.  R.  Holland  Duell. 

25.  Clinton  D.  McDougall. 

26.  William  H.  Lamport. 

27.  Thomas  C.  Piatt. 

28.  H.  Boardman  Smith. 

29.  Freeman  Clarke. 
SO.  George  G.  Hoskins. 
31.  Lyman  K.  Bass. 
33.  Walter  L.  Sessions. 

NORTH    CAROLINA. 

1.  Clinton  L.  Cobb. 

2.  Charles  R.  Thomas, 

3.  Alfred  M.  WaddeU. 

4.  Wm.  A.  Smith, 
.').  James  M.  Lt'ich. 
0.  Thomas  8.  Anlie. 
7.  Wm.  M.  Rohhins. 
b.  Robert  B.  Vance. 


OHIO. 


1.  Milton  Saylor. 

2.  Henry  B.  Banning. 

3.  John  Q.  Smith. 

4.  Loais  B.  Gunckel, 

5.  Charles  M.  Lamison. 


6.  Isaac  R.  Sherwood. 

7.  iMtrrervce  T.  Neal. 

8.  Wm.  Lawrence. 

9.  James  W.  Robinson. 

10.  Charles  Foster. 

11.  Hezekiah  S.  Bundy. 

12.  Ilxigh  J.  Jeicett. 

13.  Milton  I.  Southard. 

14.  John  Berry. 

15.  Wm.  P.  Sprague. 

16.  Lorenzo  Danforth. 

17.  Laurin  D.  Woodworth. 

18.  James  Monroe. 

19.  James  A.  Garfield. 

20.  Richard  C.  Parsons. 

OREGON. 

James  W.  Nesmith. 

PENNSYLVANIA. 

Large — Lemnel  Todd, 

Charles  All-right, 
G.  AV.  Scolield, 

Samuel  J.  Randall. 

Charles  O'Neill. 

Leonard  Mvers. 

William  D.' Kelley. 

Allred  C.  Harmer. 

James  S.  Biery. 

Washington  Townsend. 

Heister  Ghimer. 

A.  Herr  Smith. 

John  W.  Killinger, 

John  S.  Storm. 

Lazarus  D.  Shoemaker, 

James  D.  Strawbridge, 

John  B.  Packer. 

John  A.  Magee. 

John  Cessna. 

R.  Milton  Speer. 

Sobieski  Ross. 

Carlton  B.  Curtis. 

Hiram  L.  Richmond. 

Alexander  W.  Taylor, 

James  S.  Negley. 

Ebenezer  McJunkin. 

William  S.  Moore, 

RHODE    ISLAND, 


At 


1. 

2. 

3. 

4. 

5. 

6. 

7. 

8. 

9. 
10. 
11. 
12. 
13. 
14. 
15. 
16. 
17. 
18. 
19. 
20. 
21. 
22. 
23. 
24. 


1.  Benjamin  T.  Ames. 

2,  James  M.  Pendleton. 


THE   FORTY-THIRD   CONGRESS. 


629 


SOUTH   CAROLINA. 

At  Large— J{\ch''d  H.  Cain. 

1.  Joseph  H.  Rainey. 

2.  Aloiizo  .T.  Runsier. 

3.  l^oIiLTt  B.  Elliott. 

4.  Alexander  S.  Wallace. 

TENNESSEE. 

At  Large — H.  Mavnard. 

1.  Rodci-irk  B.  Butler. 

2.  .Tacob  M.  Thorn l>iirg. 

3.  William  Crutehlield. 

4.  Jolifi  M.  Bright. 

5.  Horace  H.  Harrison. 

6.  Wash.  G.  Whitthome. 
l.JohnD.  C.  Atl-ins. 

8.  David  A.  Nunn. 

9.  Barbour  Lewis. 

TEXAS. 

At  Large — Roger  Q.  Mills. 
Asa  H.  Willie. 

1.  William  S.  Hernrlon. 

2.  William  P.  MrLean. 

3.  De  Witt  C.  Giddings. 

4.  John  Hancock. 

VERMONT. 

1.  Charles  W.  Willard. 


2.  Luke  P.  Poland. 

3.  George  W.  Hendee. 

VIRGINIA. 

1.  James  B.  Sener. 

2.  .James  H.  Piatt.  Jr. 

3.  J.  Ambler  Smith. 

4.  William  H.  H.  Stowell. 

5.  Alexaruler  M.  Davis. 

6.  Thomas  Whitehead. 

7.  John  T.  Harris. 

8.  Eppa  Hiinton. 

9.  Reese  T.  Bowen. 

WEST    VIRGINIA. 

1.  *  Benjamin  Wikon. 
3.  *  Benjamin  F.  Martin. 
3.  *Frank  Herrford. 

WISCONSIN. 

1.  Charles  G.  Williams. 

2.  Gerry  W.  Hazelton. 

3.  J.  Allen  Barber. 

4.  Alexander  Mitchell. 

5.  Charles  A.  Eldridge. 

6.  Philetus  Sawyer. 

7.  Jeremiah  M.  Rusk. 

8.  Alexander  S.  McDill. 


TERITORIAL    DELEGATES. 

^^izo^'A Richard  C.  McCormick. 

Colorado Jerome  B.  Cliaffee 

JJ-^KOTA yfose,  K.  Armstrong. 

District   of   Columbia Xorton  P.  Chipman 

I"^no John  Hailey. 

Montana Martin  Maginnis. 

jS  ew  Mexico 

JiJ-^^ George  Q.  Cannon.  (Ind.) 

W  ashington Ohadiah  B.  McFa<iden 

AV  YOMiNG William  R.  Stede. 


recapitulation. 

Seiiftte.  Honse. 

Republicans  55  19g 

Democrats Ig  93 

Vacaucj' 1  J 

Republican  majority 37  105 


Joint  ballot. 
253 
112 
1 

141 


830  THE   FORTY-THIRD    CONGRESS, 

OFFICERS      OP      THE      HOUSE. 

Speaker. — James  G.  Blaine,  of  Maine. 
Speal-er's  Secretar i/.—Thomi\s,  H.  Slierman. 
Clerk  at  Spealxr's  Table. — John  D.  Barclay. 
Clerk  of  the  House. — Edward  McPherson. 
Chief  Clerk. — Clinton  Lloyd. 
Journal  Clerk. — John  M.  Barclay. 
Assistant  Journal  Clerk. — James  W.  Clayton. 
Reading  Clerks. — Wm.  K.  Mebaffey,  Charles  W.  Clisbee.  ' 
Librarian  of  the  House. — John  James  Piatt. 
Assistants. — Paul  Stevens  and  J.  S.  Linker. 
Superintendent  of  Document  Room. — John  B.  Clark, 
Sergexmt-at-Arms. — N.  G.  Ordway. 
Doorkeeper  of  House. — Otis  S.  Buxton. 
Postmaster  of  the  House. — Henry  Sherwood. 
Librarian  of  Congress. — Aiusworth  R.  Spofford. 
Official  Reportei'  of  Debates — Senate. — D.  S.  Murphy. 
Assistants — Eome.—Sdhn   J.    McElhone,    Wm.  Hinks,   Wm.  Blai» 
Low,  David.  Wolfe  Brown  and  J.  K.  Edwards. 


SUPPLEMENT  AND   APPENDIX. 


A  part  of  the  sheets  of  this  book  were  printed  bef)re  the  letrislation 
of  the  last  General  Asseniljly  was  enacted.  Although  jjiiljlished  in 
this  form,  it  has  the  advantage  of  showing  the  reader  at  a  glance  all 
the  changes  made  in  the  acts  referred  to. 


PROPOSED  AMENDMENT   TO  THE  CONSTITUTION. 

Page  87,  Removal  of  Cavses. — Constitution.  Article  4,  Section  8  :  The 
Act  of  1874,  Chapter  oG4,  passed  by  three-lifths  of  all  the  members  of 
the  two  Houses;,  enacts: 

That  the  following  section  be  and  the  same  is  hereby  proposed  as 
an  amendment  to  the  Constitution  of  this  State,  and  if  adopted  by 
the  legal  and  qualitied  voters  thereof,  as  i)rovided,  it  may  be  the  same 
to  supersede  and  stand  in  the  jjlace  of  section  eight  of  article  four  of 
said  Constitution  : 

Sec.  8.  The  parties  to  any  cause  may  sulmiit  the  same  to  the  court 
for  determination  without  the  aid  of  a  jury,  and  in  all  suits  or  actions 
at  law,  issues  from  the  Orphans'  Court,  or  from  any  court  sitting  in 
equity,  and  in  all  cases  of  presentments  or  indictments  for  offences 
which   are   or  may  be  punishable   by  death,  pending  in  any  of  the 
courts  of  law  in  this  State  having  jurisdiction  thereof,  upon  sugges- 
tion in  writing  under  oath  of  either  of  the  parties  to  said  proceed- 
ings, that  such  party  cannot  have  a  fair  and  impartial  trial  in  the 
court  in  which  the  same  may  be  pending,  the  said  court  shall  order  , 
and  direct  the  record  of  proceedings  in  such  suit  or  action,  issue, 
])resentment  or  indictment,  to  be  transmitted  to  some  other  court 
luiviiig  jurisdiction  in  such  case  for  trial ;  but  in  all  other  cases  of 
presentment  or  indictment  pending   in  any  of  the  courts  of  law  in 
this  State  having  jurisdiction  thereof,  in  addition  to  the  suggestion 
in  writing  of  either  of  the  parties  to  such  presentment  or  indictment, 
that  such  party  cannot  have  a  fair  and  impartial  trial  in  the  court  in 
whic'h   the  same  may  be  pending,  it  shall   be  necessary  for  the  party 
makiniij  such  suggestion  to  make  it  satisfactorily  appear  to  the  court 
that  such  suggestion  is  true,  or  that  there  is  reasoiiable  ground  for  the 
same;  and  thereupon  the  said  court  shall  order  and  direct  the  record 
of  proceedings  in  such  presentment  or  indictment  to  be  transmitted 
to  some  other  court,  having  jurisdiction  in  such  cases,  for  trial;    and 
such  right  of  removal  shall  exist  upon  suggestion  in  cases  when  all 
the  judges  of  said  court  may  be  di.squulilied  under  the  provisions  of 
this  Constitution  to  sit  in  any  such  case;  and  said  court  to  wliich  the 
record  of  ^proceedings  in  such  suit  or  action,  issue,  i)resentment  or  in- 
dictment may  be  so  transmitted,  shall  hear  and  determine  the  same 
in  like  manner  as  if  such  suit  or  action,  issue,  presentment  or  indict-  " 
ment  had  been  originally  instituted  therein;   and  the  General  Assem- 
bly shall  make  sucii  modiiication  of  existing  law  as  may  be  necessary 
to  regulate  and  give  force  to  this  provision. 


633  SUPPLKMENT  AND  APPENDIX. 

Sec.  2.  The  said  foregoing  section,  hereby  proposed  as  an  amend- 
ment to  the  Constitution,  sliull  be,  at  the  next  general  election  to  be 
held  in  this  State,  submitted  to  the  legal  and  qualified  voters  thereof 
for  their  adoption  or  rejection,  in  pursuance  of  the  direction  contain- 
ed in  article  fourteen  of  the  Constitution  of  this  State;  and  at  said 
•general  election  the  vote  on  said  proposed  amendment  to  the  Consti- 
tution shall  be  by  ballot,  and  upon  each  ballot  there  shall  be  written 
or  printed  the  words,  "lor  the  constitutional  amendment,"  or  "atiainst 
the  constitutional  amendment,"  as  the  voter  shall  elect ;  and  immedi- 
ately after  said  election  due  returns  shall  be  made  to  the  Governor  of 
the  vote  for  and  against  said  proposed  amendment,  as  directed  by  the 
said  fourteenth  article  of  the  Constitution. 


REMOVAL  OF  CAUSES, 


_  Page  130.— The  Act  of  1864,  Chapter  94,  adds  the  following  sec- 
tions to  the  existing  law  : 

Sec.  83.  A.  Until  the  record  in  any  cause  has  been  actually  trans- 
ferred from  the  court  passing  the  order  of  removal,  to  the  court  to 
which  it  is  removed,  the  court  passing  the  order  shall  have  power  to 
strike  out  the  order  of  removal,  on  motion  of  the  party  applying  for 
the  same,  and  when  so  stricken  out,  the  cause  shall  jaroceed  as  if  no 
motion  for  removal  had  been  made  ;  but  the  motion  for  removal  shall 
not  be  renewed  by  the  same  party  after  the  expiration  of  the  term  at 
which  the  ordei'  for  removal  was  stricken  out ;  pi'ovided,  that  no  such 
motion  to  strike  otit  an  order  for  removal  shall  be  entertained,  unless 
the  same  shall  be  made  in  time  to  admit  of  the  trial  of  the  cause  at 
the  same  term  of  the  court  at  which  said  order  for  removal  was  passed. 
Sec.  83.  B.  In  all  civil  cases  where  an  order  for  removal  shall 
have  been  passed  in  any  cause,  the  party  upon  whose  motion  said 
order  was  passed,  shall  pay  or  tender  to  the  clerk  of  the  court  in  which 
said  cause  was  jjending  at  the  time  of  said  order  for  removal,  the  cost  of 
record  in  said  case,' within  sixty  days  after  the  passage  of  stich  order, 
and  shall  cause  the  said  recoi-dto  be  transmitted  to  the  court  to  which 
the  same  was  ordered  to  be  removed  within  said  sixty  days,  and  upon 
his,  her  or  their  failure  so  to  do,  the  court  passing  such  order  for  re- 
moval, shall  have  power,  on  the  application  of  the  opposite  party,  to 
strike  out  such  order  of  removal  and  reinstate  the  case, 

\ 


THE  STATE  BOARD  OF  HEALTH. 


The  Act  of  1874,  Chapter  200,  establishes  a  State  Board  of  Health. 

Board  to  Consist  of  Five  Physicians. 

Sec.  1.  The  Governor,  by  and  with  the  advice  and  consent  of  the 
Senate,  shall  appoint  five  i)hysicians,  of  whom  one  shall  always  be  a 
resident  of  one  of  the  counties  of  the  Western,  and  one  of  the  Eastern 
Shore,  who  shall  constitute  the  State  Board  of  Health  ;  the  physicians 


SUPPLEMENT    AND    APPENDIX.  633 

SO  appointed  shall  hold  their  office  for  two  years,  and  until  their  suc- 
cessors are  appointed,  and  all  vacancies  in  the  Board  shall  be  till- 
ed by  the  Governor. 

Duties  of  the  Board  of  Health. 

Sec.  3.  The  State  Board  of  Health  shall  take  cognizance  of  the  in- 
terests of  health  and  life  among  the  people  generally  ;  they  shall  make 
sanitary  investigations  and  inquiries  respecting  the  causes  of  diseases, 
especially  of  epidemics,  the  sources  of  mortality  and  the  eflects  of 
localities,  employments,  conditions  and  circumstances  on  the  public 
health,  and  they  shall  gather  such  information  in  respect  to  these  mat- 
ters as  they  may  deem  proper;  they  shall  devise  some  scheme  where- 
by medical  and  vital  statistics  of  sanitary  value  may  be  obtained,  and 
act  as  an  advisory  Board  to  the  State  in  all  hygienic  and  meilical 
matters;  they  shall  make  special  inspections  of  public  hospitals, 
prisons,  asylums  and  other  institutions,  when  directed  by  the  Gov- 
ernor or  the  Legislature,  and  shall  at  each  regular  session  of  the  Legis- 
lature submit  a  full  report  of  their  acts,  investigations  and  discov- 
eries with  such  suggestions  as  they  may  deem  proper. 

Their  Meetings,  Organizations,  &c. 

Sec.  3.  The  State  Board  of  Health  shall  meet  at  least  once  in  every 
tinee  months,  and  as  much  ofteuer  as  they  may  deem  proper;  their 
lirst  meeting  shall  be  held  within  two  weeks  after  their  appointment 
shall  have  been  made,  and  three  members  shall  always  constitute  a 
quorum  for  business;  they  shall  elect  from  their  own  number  a  presi- 
dent and  a  permanent  secretary,  the  latter  of  whom  shall  be  the  ex- 
ecutive officer  of  the  Board  ;  no  member  of  the  Board,  except  the  sec- 
retary, shall  receive  any  compensation,  but  the  actual  traveling  ex- 
penses of  the  members,  while  so  engaged  in  the  duties  of  the  Board, 
shall  be  allowed  and  paid  out  of  the  general  fund. 

Duties  of  the  Secretary. 

Sec.  4.  The  Secretary  shall  perform  and  superintend  the  work  pre- 
ScriDt-'l  in  this  Act,  anfl  such  other  duties  as  the  Board  shall  require: 
he  shall  also  furnish  to  the  Legislature,  when  in  session,  and  to  the 
Governor  when  required,  such  inlormation,  cognate  to  this  Act,  as 
from  time  to  time  they  may  deem  necessary ;  an  annual  salary  of  fif- 
teen hundred  dollars  shall  be  paid  to  him  in  the  same  manner  as  that 
of  other  state  officers,  and  such  necessary  expenses  as  the  Comptroller 
of  the  Treasury  shall  audit  on  presentation  of  an  itemized  account, 
with  vouchers  "and  the  certitic-ate  of  the  Board,  shall  be  allowed  him. 

Expenses  of  the  Board. 

Sec.  5.  The  expenses  of  the  State  Board  of  Health,  including  the 
salarvof  the  Secretary,  shall  not  exceed  three  thousand  dollars  a  year. 

Three   Thousand  Dollars  Appropriated 

Sec.  6.  The  sum  of  three  thousand  dollars  a  year,  or  as  much  thereof 
as  may  be  necessary,  for  the  term  of  two  years,  is  hereby  appropriated, 
from  anv  mnney  in  the  Trciisury  not  otherwise  appropriated,  to  carry 
out  the  objects  of  this  Act. 


634  SUPPLEMENT    AND    APPENDIX. 

COiilMISSIONERS    OF    IISHEEIES. 

The  Act  of  1874,  Cliapter  150,  establishes  a  Commission  of  Fisheries. 
Appointed  Jjy  the  Oovernor. 

Sec.  1.  The  Governor,  by  and  with  the  advice  and  consent  of  the 
Senate,  is  hereby  authorized  to  appoint  two  competent  persons,  who 
shall  continue  in  office  for  two  years  lrf)m  the  time  of  tlioir  apjwint- 
ment,  and  until  their  successors  are  appointed,  who  shall  be  known  as 
Commissioners  of  Fisheries  of  Maryland,  and  that  one  of  the  commis- 
sioners shall  come  from  the  Eastern  and  one  from- the  Western  Shore 
of  the  State. 

Duties  of  the  Commissionm-s. 

Sec.  2.  It  shall  be  the  duty  of  the  said  commissioners  to  immedi- 
ately proceed  to  inspect  all  the  waters  of  this  State,  with  a  view  of 
stockintr  the  same  with  such  food  fishes  as  in  tiieir  judgment  shall  be 
most  advantageous,  and  with  such  object  shall  communicate  with  the 
Commissioner  General  of  Fislieries  of  the  United  States,  and  with  the 
Commissioners  of  Fisheries  appointed  by  the  diflerent  States,  and 
report  the  result  of  their  inspection  to  the  Governor  of  this  State  as 
soon  as  practicable,  and  that  they  examine  into  the  feasibility  of  cut- 
ting a  channel  around  the  Great  Falls  of  the  Potomac  to  admit  the 
I^assage  offish  from  tide  water  into  the  upper  Potomac,  and  that  they 
also  inquire  into  the  expediency  of  constructing  fish-ways  or  fish  lad- 
ders to  admit  the  jiassnge  of  fish  over  dams  or'  other  obstructions  in 
the  ujjper  Potomac,  or  elsewhere  in  the  State,  and  that  an  estimate  of 
cost  be  made,  and  a  report  thereof  be  made  to  the  next  Gejieral  As- 
sembly of  Maryland. 

Propagation  of  Fislies. 

Sec.  3.  It  shall  be  the  duty  of  the  said  Commissioners  of  Fisheries, 
after  making  the  inspection  and  obtaining  the  information  required 
in  the  preceding  section,  to  proceed  to  the  selection  of  proper  loca- 
tions for  the  propagation  and  culture  of  such  food  fishes  as  it  shnll  be 
deemed  desirable  to  introduce  into  the  waters  of  this  State,  and  obtain 
the  necessary  ova,  and  construct  and  erect  suital)le  houses  and  devices 
for  hatching  the  same,  and  ]5rotecting  the  small  fish,  until  fit  to  be 
distributed,  and  tlien  to  distribute  the  same  among  such  waters  of 
this  State  as  shall  be  deemed  proper. 

To  Report  Annually. 

Sec.  4.  It  shall  be  the  duty  of  the  said  commissioners  to  make  an 
annual  report  to  the  Governor,  for  transmission  to  the  General  Assem- 
bly of  the  State,  of  the  work  accomplished  by  the  Commission,  and 
also  embracing  such  suggestions  i'or  tlie  protection  and  propagation 
of  food  fishes  in  the  waters  of  this  State  as  may  be  the  result  ot  their 
oljservation  and  experience;  fvovided,  that  nothing  in  this  Act  shall 
interfere  with  any  existing  rights  of  catching  fish  in  the  waters  of  this 
State. 

Salaries  Fifteen  Hundred  Dollars. 
Sec.  5.  The  salaries  of  said  commissioners  shall  be  fifteen  hundred 
dollars  per  annum  each,  and  that  the  smn  of  three  thousand   dollars 
per  annum,  be  and  the  same  is  hereby  apjjropriated  to  pay  the  said 
salaries. 


SUPPLEMENT  AND  APPENDIX.  635 

Three  Thousand  Five  Hundred  Dollars  Ajypropriated. 
Sec.  6.  Tlie  further  sum  dT  thirty-five  luiiulred  dollars  per  annum, 
or  so  much  thereof  as  may.  in  the  opinion  of  the  Governor,  be  neees- 
sary,  be  and  the  same  is  liereby  appropriated  for  the  purpot^e  of  earry- 
ing  out  the  provisions  of  this  x\.ct;  and  the  Comptroller  shall  issue 
his  warnuit  on  the  Treasurer  for  the  payment  of  the  said  sum,  on  pre- 
sentation of  the  accounts  of  the  said  commissioners,  approved  by  the 
Go\  Lijior,  out  of  any  moneys  in  the  treasury  not  otiierwise  appropri- 
ated. 


WHEN    EXECUTIONS    MAY    ISSUE. 

Page  111. — Strike  out  Section  16  and  insert  the  following: 
Sec.  16.  On  all  judgments  rendered  in  any  court  of  law.  an  execn- 
lion  or  attacliment  may  issue  at  any  time  within  twelve  years  fron\  the 
<late  of  such  judgment,  or  if  there  be  a  stay  thereon,  at  any  time  with- 
in twelve  years  alter  the  expiration  or  removal  of  such  stay  ;  when 
there  has  been  no  discharge  of  parties  to  such  judgment  by  death  or 
by  marriage. — 1874,  cb.  320. 


IMPRISONMENT    FOR    PINES    AND    COSTS. 

Pa{ie  117. — Add  the  following: 

Akt.  40,  Sec.  4.  Any  person  who  shall  or  may  hereafter  be  com- 
mitted to  jail  by  the  judgment  of  any  court  of  justice,  or  by  any  justice 
of  the  peace  of  this  State,  for  non-payment  of  any  fine  and  costs  not 
exceeding  the  sum  of  fifty  dollars,  who  shall  have  remained  in  custody 
as  aforesaid  for  the  space  of  thirty  days,  or  any  ))ers(m  who  shall  or 
may  hereafter  be  cohimitted  to  jail  in  manner  aforesaid  for  iion-jiay- 
ment  of  any  fine  and  costs  above  fifty,  and  not  exceeding  one  hundred 
and  fifty  dollars,  who  shall  have  remained  in  custody  aforesaid  for  the 
space  of  sixty  days,  shall  be  discharged  from  further  imprisonment  on 
account  of  said  fine  and  costs;  provided,  such  person  shidl  prove  to  the 
satisfaction  of  the  court  imposing  said  fine  and  costs,  or  any  judge 
thereof,  or  justice  of  the  )>eace,  as  the  case  may  be,  that  he  or  she  is 
unable  to  pay  said  fine  and  costs. — 1S74,  ch.  59. 


THE  HOURS  OF  LABOR. 

The  Act  of  1874,  Chapter  3,  limits  the  hours  of  labor  for  minors,  as 
follows : 

Sec.  1.  Ten  hours  a  day  shall  constitute  a  legal  day's  work  in  all 
cases  where  labor  or  service  is  performed  for  anotiier  by  children 
under  sixteen  years  of  age. 

Si-.c.  2.  All  persons  and  bodies  corporate  who  shall  compel  any 
child  under  sixteen  years  of  age  to  lal)or  or  work  more  than  ten  hours 
a  day,  or  in  any  manner  violate  the  provisions  of  this  act,  shall  be 
liable  to  a  fine  of  fifty  dollars  for  each  and  every  oft'ence;  provided 
that  the  terms  of  this  act  shall  not  apply  to  children  .engaged  in 
agricultural,  household  or  mercantile  pursuits. 


636  SUPPLEMENT    AND    APPENDIX. 

JUEISDICTION  IN  CASES  OF  ASSAULT  AND 

BATTEKY. 

Page  174.— Add  to  Act  of  1870,  Chapter  434,  Section  3,  as  follows: 
Sec.  3.  The  several  Justices  of  the  Peace  for  the  said  counties  are 
hert'b}' authorized  and  required  to  pay  to  tlie  County  Commissioners 
of  said  counties,  every  tliree  months,  all  the  money  or  moneys  they 
may  liave  in  liand  at  sucli  times  arising  from  tines  or  penalties  im- 
posed under  this  Act;  and  all  acts  or  ^Jarts  of  acts  inconsistent  here- 
with are  hereby  repealed. 


THE     POLICE     COMMISSIONERS. 

Sahbath  BreaUng. — The  Act  of  1874,  Cliapter  71,  amends  Section  180 
of  Article  30,  P.  G.  L.,  relating  to  Sabbatli  i)reaking,  by  making  it  un- 
lawful to  keep  open  a  barber  saloon  on  Sunday,  under  a  penalty  of 
not  less  than  |50  nor  more  than  $100  for  the  lirst  otience.  If  convict- 
ed a  second  time,  not  less  than  $100  nor  more  than  $500  line,  and  if 
a  natuml  persoji  he  shall  be  imprisoned  not  less  than  ten  nor  more 
than  thirty  days.  The  line  on  eacli  occasion  shall  be  doubled;  and  if 
a  natural  person  he  shall  be  imprisoned  not  less  than  thirty  nor  more 
than  sixty  days  for  each  subsequent  otience.  The  fines  to  be  paid  to 
the  State. 


PUBLIC  EDUCATION. 
THE  AMENDED  SCHOOL  LAW. 

Page  237.  The  following  amendments  were  made  at  the  last  session 
of  the  Legislature,  to  the  Act  of  1872,  Cliapter  377,  providing  for  a 
general  system  of  Free  Public  Schools  for  the  State  of  Maryland,  by 
the  Act  of  1874,  Chapter  463.  The  amendments  are  placed  in  brack- 
ets, til  us:  [  ] 

l^age  237,  Chapter  2,  Section  1,  constitutes  the  Governor  a  member 
of  tlie  State  Board  of  Education. 

Page  238,  Chapter  2,  Section  3.  The  Board  of  District  School  Trus- 
tees shall  be  composed  of  three  persons,  who  shall  be  ajipointed  by 
the  County  School  Commissioners,  on  the  first  day  of  May,  or  at  their 
first  meeting  thereafter,  in  each  year,  [and  who  sliall  meet  within 
thirty  <lays  after  tlieir  appointment,  and  enter  upon  tlie  duties  assign- 
ed tliem  in  Cha2:)ter  five  of  this  Act;  at  their  first  meeting  they  shall 
appoint  a  chairman,  to  hold  office  for  one  year,  and  shall  give  notice 
of  the  apyjointment  to  the  Secretary  of  the  Board  of  County  School 
Commissioners.] 

Page  2;'>8,  Chai)ter  3,  Section  4.  The  State  Board  of  Education  shall, 
to  tlie  best  of  their  ability,  cause  the  provisions  of  this  law  to  be  car- 
ried into  efl'ect,  and  may  if  necessary,  institute  legal  proceedings  for 
that  purpose,  with  the  direction  and  advice  of  the  Attorney  General; 
[they  shall  enact  by-laws  lor  the  administration  of  the  Puljlic  School 
system,  not  at  variance  witli  this  Act,  and  shall  have  the  power  to  sus- 
pend or  remove  any  examiner  or  teacher  who  may  be  found  inefficient 


SUPPLEMENT    AND   APPENDIX.  637 

in,  or  incompetent  for,  the  discharge  of  the  duties  assigned  him,  or 
guilty  of  (^uch  monil  (loliMiiiu-iicy  fis  muy  liave  unlitted  liim  for  the 
office  he  Imldri:]  tliey  sh:dl  explain  the  true  intent  and  meaning  of  the 
hiw,  ami  they  s^hall  decide,  witliout  exi)eiise  to  the  parties  concerned, 
all  »;<>ntroversies  and  disputes  that  may  arise  under  it. 

linage  249.  Chapter  5,  Section  1,  10th  line,  after  the  word  "teacher," 
insert  the  following:  ["or  teachers,  suliject  to  contirmaliun  by  the 
Bcaid  of  County  School  Commissioners."] 

I'age  242,  Chapter  5,  add  section  5.  [In  case  of  neglect  of  duty  or 
refusal  to  act  on  the  i>art  of  the  members  of  the  Board  of  Trustees, 
their  ])laces  shall  be  declared  vacant  by  the  Board  of  County  School 
Commissioners,  who  shall  fill  the  same  by  new  appointment;  but  if  it 
be  found  impossible  to  secure  competent  persons  who  w'ill  act  in  this 
capacity,  tlien  the  duties  olthe  Boiird  of  District  School  Trustees  for 
the  particular  district  shall  devolve  upon  the  Board  of  County  School 
Commissioners.] 

Pri'jf  243,  Chapter  6,  Section  2,  add  the  following  after  the  word 
Commissioners:  ["In  cases  where,  however,  the  property  owned  by 
the  Board  of  Coiinty  School  Commissioners  in  any  school  district 
proves  unsuited  fir  school  purposes,  the  board  is  authorized  to  sell  or 
lease  the  same,  and  to  apjjiropriate  the  amount  obtained  by  such  sale 
or  lease,  to  the  purchase  or  lease  of  a  proper  school-house  at  a  suita- 
ble location  for  the  said  district."] 

Pa^ie  24.5,  Chapter  8,  strike  out  Section  3,  and  insert  the  following: 
Shc.  3.  [Teachers  shall  enter  into  their  quarterly  reports  an  accurate 
account  of  the  attendance  of  pupils,  of  text  books  used,  and  branches 
taught,  and  such  other  statistics  as  may  be  required,  and  make  due 
returns  thereof  to  the  Board  of  County  School  Commissioners  at  the 
end  of  each  term ;  and  no  teacher  shall  be  entitled  to  receive  payment 
f  )r  services  until  the  quarterly  report,  properly  filled  up  and  c(Mn- 
pletcd,  be  so  returned.  The  quarterly  reports  shall  be  tiled  by  the 
Board  of  County  School  Commissioners  for  the  purpose  of  making 
the  annual  return  to  the  State  Board  of  Education.] 

Page  246,  Chapter  10,  strike  out  Section  2,  and  insert  thefollowino-: 
9  "Sec.  2.  Each  Board  of  County  School  Commissioners  shall  adopt, 
and  may  purchase  the  text  books  for  the  public  schools  in  their  re- 
sjiective  counties." 

Page  247,  Chajjter  11,  Section  2.  line  10,  after  the  words  English 
grammar,  insert:  ["but  the  State  Board  of  Education  may  add  addi- 
tional requirements  to  those  indicated  for  either  grade  whenever  the 
same  may  seem  necessary."]  Add  at  end  of  section  the  words :  "from 
the  date  of  issue." 

Page  248,  Chapter  12,  strike  out  Section  2,  and  insert  the  following: 
"Sec.  2.  The  sessions  of  the  State  Norjnal  School,  until  otherwise 
provided  for  by  the  State,  shall  be  held  in  such  building  as  the  State 
Board  of  Education  may  select;  [provided  that  the  rent  be  not  greati-r 
than  thirty-tive  hundred  dollars,  which  amount,  or  so  much  thereof  as 
is  necessary,  is  hereby  appropriated  annually  for  that  purpose.] 

Page  249,  Chapter  12,  strike  out  Section  8,  and  insert  the  following: 

Skc.  8.    The   annual   sum  of  ten  thousand   five  hundred   dollarsis 

bcreby  appropriated  for  the  support  of  the  Normal  School,  to  be  paid 


638  SUPPLEMENT  AND  APPENDIX. 

in  quarterly  installments  by  the  Treasurer,  on  the  warrant  of  the 
Comptri)ller,  to  the  State  Board  of  Education,  and  to  l)e  applied  to 
the  payment  of  teachers'  salaries  and  the  purchase  of  educational 
apparatus,  for  the  salary  of  the  principal  of  the  Normal  School,  [hia 
traveling  expenses  in  attending  meetings  of  teachers,  institutes,  and 
superintending  the  schools  throughout  the  State,  and  for  such  assist- 
ance as  may  be  required  in  the  Normal  School  during  his  absence  on 
duty,  and]  for  text  books,  stationery,  fuel,  light,  and  other  incidental 
expenses  of  the  school. 

Page  250,  Chapter  13,  Section  1,  "Teachers'  institute  to  continue 
five  days,  shall  be  held,"  «fec.  Strike  out  the  words  "during  vacation." 
Page  252,  Chapter  18,  strike  out  Section  2,  and  insert  the  following  ^ 
Sec.  2.  Each  colored  school  shall  be  under  the  direction  of  a  special 
board  of  school  trustees,  [to  be  api^ointed  by  the  Board  of  County 
School  Commissioners,]  and  ihall  be  subject  to  the  same  laws  for  its 
government,  and  furnish  instruction  in  the  same  branches  as  the 
schools  for  white  children. 


THS     STATE    POLICE    COMMISSIONERS    FOR 
BALTIMORE   CITY. 

Page  311. — The  Act  of  1874,  Chapter  2,  amends  this  Act  as  follows : 
Page  811,  Section  1.     Strikeout  the  first  ten  lines  of  Section  1,  down 
to  the  word  "Belbre,"  and  insert  the  following : 

Appointment  of  Police  Commissioiiers.     Xeio  Term  of  Office. 

Sec.  806.  Immediately  after  the  passage  of  this  Act  there  shall  be 
elected  by  the  joint  meeting  of  the  two  houses  of  the  General  Assem- 
bly of  Maryland,  by  ballot,  three  sober  and  discreet  persons  who  shall 
have  been  residents  in  the  city  of  Baltimore  for  three  consecutive 
years  next  preceding  the  day  of  their  election,  who  shall  be  known  as 
the  "Board  of  Police  Commissioners  for  the  city  of  Baltimore;"  said 
commissioners  shall  be  subject  to  removal  as  provided  in  said  Article 
four;  one  of  said  commissioners  shall  be  elected  and  appointed  for 
two  years,  one  four  years,  and  one  for  six  years,  who  shall  hold  office 
until  their  respective  successors  are  elected,  or  appointed  and  qualifi- 
ed; each  of  said  commissioners  shall  receive  a  salary  of  twenty-tive 
hundred  dollars  per  annum.  payal)le  quarterly;  as  the  terms  of  office 
shall  expire  as  designated  above,  they  shall  be  filled,  or  appointed,  lor 
six  years  each. 

Page'dM. — The  Act  of  1874,  Chapter  146,  repeals  Chapter  75.  increas- 
ing the  pay  of  detectives  to  ip25  per  week,  and  also  amends  Section  810, 
by  adiiing  the  loUowing  thereto: 

Sichn£ss. 
"And  it  shall  be  part  of  the  duty  of  the  captains,  lieutenants  and 
sergeants  whenever  a  policeman,  officer  of  police  or  detective  is  absent 
from  duty,  to  report  such  aljsence  to  the  hoard  and  the  cause  ot  the 
same,  and  if  said  report  shows  that  said  absence  is  on  account  (jf  sick- 
ness, sucli  rejjort  shall  be  prima  facie  evidence  of  such  sickness;  and 
if  any  officer  of  police,  policeman  or  detective,  shall  absent  himself 
from  duty  under  plea  of  sickness,  when  he  is  not  sick,  such  a  plea  or 


SUPPLEMENT   AND   APPENDIX.  639 

absence  shall  be  official  misconduct,  for  which  said  officer  shall  be 
discho.r^'ed  by  the  said  Board  of  Police  Commissioners  if  they  sliall 
deem  proper  so  to  do." 

Page  317. — Section  816  as  amended  by  the  Act  of  1874,  Chapter 
199,  adding  the  following  thereto  : 

"And  said  books,  journals  and  other  documents,  and  the  vouchers 
for  all  payments  by  said  Board  of  Police  Commissioners  sliall  ;it  all 
times  be  open  to  the  insijection  of  the  Mayor  and  Register  of  the  city 
of  Baltimore  and  either  of  them,  and  it  shall  be  the  duty  of  the  Comp- 
troller of  the  city  of  Baltimore,  to  examine  all  bills  and  accounts  pre- 
sented by  said  Board  of  Police  Commissioners  and  the  vi^ucliers 
therefor. 

Page  320,  Section  827.  The  Act  of  1874,  Chapter  243,  amends  the 
Section  so  as  to  read  as  follows : 

Carrying  Deadly   Weapons. 

Sec.  827.  Whenever  any  person  shall  be  arrested,  charged  with  any 
crime  or  misdemeanor,  and  carried  to  any  of  the  justices  of  the  peace 
of  the  city  of  Baltimore,  upon  whose  person  shall  be  found  any  pistol, 
dirk  knife,  bowie  knife,  sling  shot,  billv,  brass,  iron,  or  any  other 
metal  knuckles,  razor,  or  any  other  deadly  weapon  whatsoever,  such 
person  shall  be  subject  to  a  fine  of  not  less  tlian  three  nor  more  than 
ten  dollars,  in  the  discretion  of  the  justice  of  the  peace  to  which  such 
person  may  be  carried;  which  said  fine  shall  be  collected  as  other 
fines  are  now  collected;  provided,  however,  that  the  provisions  of 
this  section  shall  not  afi'ect  those  persons  who,  as  conservators  of  the 
peace,  are  required  to  carry  a  pistol  or  other  weapons  as  part  of  their 
equi])ments,  and  provided,  further,  that  it  shall  be  the  duty  of  all 
officers,  to  take  all  persons  arrested  in  the  day-time  under  this  Act, 
immediately  before  the  justice  of  the  peace,  nearest  the  j)lace  of  arrest 
for  examination,  except  for  drunk  and  disorderly  conduct  or  theft, 
and  any  officer  failing  so  to  do  shall  be  guilty  of  a  misdemeanor,  and 
upon  c(mviction  shall  be  fined  not  less  than  five  nor  more  than  ten 
dollars. 

Page  320.— Add  Act  of  1874,  Chapter  320,  as  follows: 
The  Board  of  Police  Commissioners  for  the  city  of  Baltimore,  be 
and  they  are  hereby  authorized  and  empowered  to  purchase  or  lease 
ground  in  the  city  of  Baltimore,  as  may  be  suitable  in  their  judgment 
for  the  erection  of  station  houses  thereon,  and  that  they  be  ancl  here- 
by are  authorized  and  empowered  to  have  erected  thereon  such  station 
houses  as  they  may  deem  suitable  and  proper.  Ths  title  to  the  said 
lot  of  ground,  and  the  improvements  thereon,  shall  be  vested  in  the 
Mayor  and  City  Council  of  Baltimore.  The  purchase  money  of  said 
ground,  and  cost  of  erection  of  said  station  houses,  shall  be  paid  by 
the  said  Board  of  Police  Commissioners  out  of  their  special  fund. 


CORPORATE    POWERS    OP    COUNTY 
COMMISSIONERS. 


Page  351.   Strike  out  Section  1,  of  Article  28,  and  insert  the  follow- 
ing :  the  lines  in  brackets  show  the  change  in  the  law. 
Akt.  28,  Sec.  1.  The  County  Commissioners  of  each  county  in  this 


640  SUPPLEMENT    AND    APPENDIX. 

State,  are  declared  to  be  a  corporation,  and  shall  have  full  power  to 
appoint  jiidLfes  of  election,  road  supervisors,  collectors  of  taxes,  trus- 
tees of  the  poor,  a  clerk  to  their  Board,  and  all  other  officers'  aijents, 
and  servants  required  for  county  purposes,  not  otherwise  provided 
for  by  ihe  law  or  by  the  Constitution,  and  they  shall  have  charge  of, 
and  control  over,  the  property  owned  by  the  county,  and  over  county 
roads  and  bridges,  [and  may,  wiienever  in  their  opinion  the  public 
interest  require  or  will  be  thereby  advanced,  commit  the  whole  mat- 
ter of  grading  and  constructing  public  roads,  and  the  repairs  thereof, 
and  tiie  construction  and  repairs  of  public  bridges,  to  the  charge  of 
competent  and  scientitical  educated  civil  engineers,  who  shall  direct 
and  manage  all  such  public  works  under  the  immediate  control  of 
said  County  Commissioners,  and  who  shall  hold  office  for  such  time, 
with  such  salary,  under  such  bond  and  subject  to  such  regulations  as 
may  be  directed  by  the  said  County  Commissioners  from  time  to  time, 
and  calculated  to  secure  competent  officers,  and  a  faithful  discharge 
of  duty ;  and  the  County  Commissioners  of  each  county,]  shall  also 
have  power  to  locate,  alter  or  change  the  places  of  holding  elections 
in  the  different  election  districts,  or  townships  of  their  respective 
counties,  as  may  afford  the  best  opportunity  for  full  and  fair  expres- 
sion of  popular  will. — 1874,  ch.  411. 


LEGAL    HOLIDAYS. 


Parje  381.  The  Act  of  1874.  Chapter  37,  amends  the  law  relating  to 
Legal  Holidays,  as  follows: 

bEC.  10.  Whenever  Christmas  day.  New  Year's  day,  the  fourth  day 
of  July,  or  the  twenty-second  day  of  February,  shall  fall  on  Sunday, 
bills  (Tf  exchange,  promissory  notes,  bank  checks,  and  all  otljer  papers 
requiring  protest,  which  may  become  due  and  payable  on  the  Monday 
immediately  following  either  of  said  days,  shall  be  payable  on  the 
Saturday  next  preceding  the  same,  and  it  shall  not  be  necessary  for 
the  holders  of  such  bills  of  exchange  or  promi-^sory  notes,  payable  as 
aforesaid,  to  give  notice  of  the  dishonor  thereof,  until  the  Tuesday 
next,  succeeding  either  of  said  days. 


PROPERTY  OF  MARRIED  WOMEN. 


The  Act  of  1874,  Chapiter  57,  enacts  as  follows: 

Akt.  45,  Sec.  1.  The  property,  real  and  i^c-rsonal,  belonging  to  a 
woman  at  the  time  of  her  marnage,  and  all  proiierty  which  she  may 
acquire  or  receive  after  her  marriage  by  purchase,  gift,  grant,  devise, 
bequest,  descent,  or  in  a  course  of  distribution,  shall  be  protected 
from  the  debts  of  the  husband,  and  not  in  any  way  liable  for  the  pay- 
ment thereof;  'provided,  that  no  acquisition  of  property  i)assingto  the 
wile  irom  the  husband  after  coverture,  shall  be  valid,  if  the  same  has 
been  made  or  granted  to  her  in  prejudice  of  the  rights  of  his  subsist- 
ing creditors. 


SUPPLEMENT    AND   APPENDIX.  G41 

LOCAL    LAWS    OF    COUNTIES. 

Passed  January  Session,  1874,  amending  the  Local  Laws  on  pages 

459  to  467. 

Allcjany  County. — Changing  the  terms  of  the  Circuit  Court. — 1874, 
Ch;ip.  63.  Providing  lor  the  ru-division  of  the  county  into  Election 
Districts. — 1874,  Chnp.  90.  Amending  the  law  relating  to  Surveyor. 
Chap.  124.  Relating  to  Almshouse. — Chap.  284.  Authorizing  a  sur- 
vey of  Ailegany  and  Garrett  counties. — Chap.  323.  Regulating  pay 
of  Sheriff — Chap.  479.  Relating  to  Justices  of  the  Peace  in  cases  of 
assault  and  battery. — Chap.  311. 

Anne  Arundel  County. — Amending  Act  of  1870,  Chapter  434,  rela- 
ting to  Justices  of  the  Peace. — Chap.  311.  For  the  j^rotection  of 
partridges. — Chap.  392.  Amending  the  law  relating  to  County  Com- 
mibsioners. — Chap.  485.     Relating  to  public  roads. — Chap.  509. 

Baltimore  County. — Relating  to  "fences"  and  tresj^ass. — Chap.  47. 
Protecting  travelers  on  highways. — Chap.  213.  Amending  laws  re- 
lating to  Roads. — Chap.  274.  Amending  the  law  rehiting  t-o  Ct)hec- 
tors. — Chap.  321.  Amending  the  law  relating  to  turnpike  companies. 
Chap.  342.  Protecting  tisli  in  Gunjiowder  river.T-Chap.  348.  To 
build  a  gas  house  and  pest  house. — Cliap.  350.  For  the  jirotection  of 
persons  and  property. — Chaj).  374.  Amending  laws  relating  to  Sher- 
iff.— Chap.  4U9.  Amending  the  Act  relating  to  the  laying  off  certain 
streets. — Chap.  441.  Requiring  auctioneers  to  take  out  license. — 
Chap.  473.     For  the  protection  of  insectivorous  birds. — Chap.  474. 

Calart  County. — Approving  the  Act  of  1872,  authorizing  County 
Commissioners  to  subscribe  to  capital  stock  of  Drum  Point  Railroad 
Co. — Chap.  159.  Amending  the  Act  of  1870,  Chaj^ter  434,  relating  to 
Justices  of  the  Peaee. — Chap.  311.  Regulating  the  public  roads. — 
Chap.  358.  Amending  Bee.  72,  of  Art.  4,  P.  G.  L.,  relating  to  Sheriff. 
Caroline  County. — Repealing  Sec.  9,  of  Art.  28,  of  P.  G.  L.,  relating 
to  publication  of  county  expenses. — Chap.  102.  Amending  Act  of 
1870,  Cnapter  434,  relating  to  Justices  of  the  Peace. — ChajJ  311.  Re- 
lating to  otiicers'  fees. — CliaiJ.  377.  Relating  to  the  sale  of  spirituous 
and  lermented  liquors. — Chap  453.  Regulating  the  taking  of  lish. — 
Chap.  4t)6.     Incorporating  the  town  of  Hillsborough. — Chap.  505. 

CtiiroU  County. — Authorizing  Commissioners  to  subscribe  to  stock 
of  turnpike  companies. — Chap.  19.  Amending  Sec.  21,  Art.  7,  P.  G. 
L.,  relating  to  Justices  of  the  Peace  and  Constables. — Chap.  108. 
Establishing  voting  precincts  in  Westminister. — Chap.  175.  Amend- 
ing certain  sections  of  the  code  relating  to  revenue  and  taxes. — 
Chap.  512. 

Cecil  County. — Relating  to  pay  of  Sheriff. — Chap.  101.  Relating  to 
public  roads. — Chap.  195.  Relating  to  Port  Deposit. — Chap.  216. 
For  the  protection  of  lish  in  Elk  and  North-east  rivers. — Chap.  388. 
For  the  protection  of  insectivorous  birds. — Chap.  474. 

Charlea  County. — Amending  Act  of  1870,  relating  to  justices  of  the 
peace. — Chap.  311.  Relating  to  otiicers'  fees.— Chap.  377.  Amend- 
ing Act  of  1»70,  relating  to  roads. — Chap.  493. 

Dorchester   County. — Authorizing   county  subscription   to   stock   of 
Cambridge  and  Chesapeake  Railroad  Co. — Chap.  93.     For  an   addi- 


643  SUPPLEMENT  AND  APPENDIX. 

tional  justice  of  the  peace. — Chap..  105.  Rczulai  Jitr  the  taking  of 
oysters  with  scoojjs  or  liijht  dredire. — Chap.  214.  Prohibiting  tres- 
pass with  gun  or  dog  upon  private  land. — Chap.  2(57.  Remiiating 
number  of  justices  of  the  peace  and  constal)les.— Chap.  83o.  Autlior- 
izing  citizens  to  take  oysters  witli  dredge,  scoop,  or  scrape  in  Cliop- 
tank  river. —  Chap.  437.  Authorizing  qualified  voters  to  decide 
wliether  spirituous  or  fermented  liquors  V)e  sold  in  the  county. — Chap. 
453.  Amending  the  law  relating  to  catching  tish  in  Dorchester,  Tal- 
bot and  Caroline  counties. — Chap.  466. 

Frederick  County. — Authorizing  county  to  subscribe  to  Liberty  and 
Frederick  and  otlier  turnpike  companies. — Cliaps.  7  and  36.  To 
pay  for  killing  certain  wild  animals  in  the  county.— Chaj).  17.  Relat- 
ing to  pay  of  Sheriff. — Chap.  78.  Incorporating  Mechanicstown. — 
Chap.  87.  Prohibiting  the  licensing  of  venders  of  spirituous  and  fer- 
mented liquors  within  two  and  a  half  miles  of  Brook  Hill  Meeting 
House. — Chap.  130.  Also  within  three  miles  of  Hansonville  post 
oiRce. — Chap.  28o.  For  an  additional  Justice  of  the  Peace. — Chap. 
133.  To  protect  fish  in  Monocacy  river. — Cliap.  173.  Recrulating 
terms  of  court. — Chap.  215.  To  allow  a  discount  on  county  taxes. 
Chap.  243. 

OaiTett  County. — Fixing  mileage  of  members  and  officers  of  the 
Legislature  at  $1  10. — Chap.  78.  Locating  Oakland  as  county  seat. 
Chap.  76.  Regulating  terms  of  Circuit  Court. — Chap.  144.  Granting 
donations  to  academies  and  schools. — Chap.  176.  Regulatini^  num- 
ber of  justices  of  the  peace  and  constables. — Chap.  187.  Creating 
Garrett  county  as  part  of  the  sixtli  Congressional  District. — Chap.  307. 
Authorizing  Governor  to  have  a  survey  of  Garrett  and  Allegany  coun- 
ties.— Chap.  346.  Providing  for  officers  of  registration.— Chap.  366. 
For  redistricting,  &c.,  the  election  districts. — Chap.  369.  Regulating 
Sheriff's  fees. — Chap.  378.  For  the  protection  of  birds. — Chap.  456. 
Regulating  fences. — Chap.  476. 

Harford,  County. — Sheriff  to  be  paid  45  cents  for  boarding  prisoners 
in  jail. — Chap.  24.  Authorizing  certain  parties  to  build  a  bridge  over 
Church  creek. — Chap.  48.  Authorizing  citizens  to  retain  horse  and 
carriages  if  charges  are  not  paid. — Chap.  55.  Regulating  the  bonds 
of  collectors. — Chap.  12S.  Amending  local  laws  relating  to  Havre 
de  Grace. — Chap.  289.  Authorizing  county  to  subscribe  to  stock  of 
Turnpike  Companies. — Chap.  190.  Sheriff,  $2  50  per  day  for  attend- 
ing court,  &c. — Chap.  242.  Judges  and  clerks  of  election  allowed  $4 
per  clay. — Chap.  248.  To  encourage  the  destruction  of  hawks. — Chap. 
294.  To  authorize  the  county  to  endorse  bonds  of  local  railroads. 
To  amend  the  Act  of  1870  relating  to  justices.— Chap.  311.  To  pay 
State's  Attorney  $10  for  each  case  he  attends  before  a  committing 
magistnite. — Chap.  359.  Salary  of  clerk  to  Commissioners  not  to 
exceed  $500. — Chap.  362.  Regulating  the  stating  of  accounts  of  offi- 
cers' fees. — Chap.  377. 

Howard  County. — Liquor  and  lager  beer  not  to  he  sold  within  one 
mile  of  Wesley  Grove  Camp  Meeting. — Chap.  26.  Regulating  the 
number  of  Justices  of  the  Peace  and  Constables. — Chap.  116.  Regu- 
lating joint  fences. — Chap.  337. 

Kent  founty. — To  prevent  killing,  &c.,  of  grou.se  until  Octol)er  20, 
1878. — Chap.  115.  Reguhiting  number  of  .Justices  of  the  Peace. — 
Chap.  142.     To  protect  partridges. — Chap.  169.     To  prohibit  carrying 


SUPPLEMENT    AND   APPENDIX-  643 

of  weapons  on  election  day. — Chap.  250.     Relating  to  the  stating  of 
officers'  fees. — Chap.  377. 

^fontgom€r1J  County. — Relating  to  public  buildings  and  other  county 
property  in  Rockville. — Chap.  64.  For  tlie  protection  of  game. — 
Cliap.  123.  For  tlie  protection  of  fish  in  creeks. — Chap.  129.  Relat- 
ing to  the  collection  of  fees. — Cliap.  16S.  To  prevent  carrying  of 
weapons  on  election  day. — Chap.  250.  To  protect  insectivorous  birds. 
Chap.  306.     To  tax  dogs.— Clmp.  338. 

Prince  Oeorge^s  County. — Incorporating  the  towns  of  Huntingdon 
and  Laurel. — Chap.  117.  For  the  repair  of  public  roads. — Chap. 
205.  For  the  removal  of  all  gates  from  the  public  roads. — Chap.  265. 
Regulating  fences  on  adjoining  lands. — Chap.  278.  To  protect 
insectivorous  birds. — Chap.  306.  Amending  the  Act  of  1870  relating 
to  Justices  of  the  Peace. — Chap.  311.  To  pay  for  foxes  killed. — 
Chap.  327.  Accounts  of  officers'  fees.— Chap.  377.  Creating  No.  12 
election  district. — Chap.  487.  Continuing  the  office  of  County  Treas- 
urer, &c. — Chap.  503. 

Queen  Anne's  County. — To  prevent  cariying  weapons  on  election 
day. — Chap.  250.  Amending  Act  of  1870,  Chapter  434,  by  Chapter 
811.  Stating  accounts  of  officers'  fees. — Chap.  377.  To  protect 
partridges. — Chap.  436.  Prohibiting  the  sale  of  liquors  by  vote  of 
tlie  people. — Chap.  453. 

St.  Mary''a  County. — For  an  additional  Justice  of  the  Peace  in  sec- 
ond district. — Chap.  489. 

Somerset  County. — Creating  a  new  election  district  out  of  Nos.  1,  7 
and  8. — Chap.  43.  To  authorize  clerk  of  County  Commissioners  to 
administer  the  oaths,  &c.,  of  all  public  accounts. — Chap.  109.  To 
protect  terrapins  and  their  eggs  in  May,  June,  July  and  August. — 
Chap.  139.  To  provide  for  the  redemption  of  outstanding  county 
bonds. — Chap.  367.  To  prevent  non-residents  from  catching  fish  in 
Monie  bay  and  creek. — Criap.  383.  To  prohibit  sale  of  liquors  in  the 
county  by  vote  of  the  peo2)le. — Chap.  425.  For  an  additional  Justice 
of  the  Peace. — Chap.  461.  To  prevent  the  destruction  of  fish  in  Po- 
comoke  river  and  sound  below  Shelltown. — Chap.  493.  To  protect 
partridges  and  grouse. — Chap.  508. 

Talbot  County. — Relating  to  tlie  ordinances  of  the  town  of  Easton. — 
Chap.  210.  To  amend  the  same. — Chap.  454.  To  protect  insectivor- 
ous birds. — Chap.  306.  Stating  accounts  of  officers'  fees. — Chap.  377. 
Authorizing  citizens  to  dredge,  &c.  Choptank  river. — Chap.  437.  To 
regulate  the  taking  of  fish  in  the  county. — Chap.  466. 

Washington  County. — Regulating  the  number  of  .Justices  of  the 
Peace  and  Constables. — Chap.  29.  Requiring  local  laws  to  be  pub- 
lished in  one  newspaper. — Chap.  32.  Rei^mlating  the  terms  of  the 
Circuit  Court. — Chap.  83.  Authorizing  the  county  to  subscribe  to 
stock  of  turnpike  companies. — Chap.  85.  Authorizing  the  County 
Commissioners  to  levy  a  tax  and  issue  bonds  to  pay  the  debt  of  the 
county. — Chaps.  141  and  145.  Appropriating  certain  fines  to  pur- 
chase a  library  for  the  Circuit  Court. — Chap.  158.  Requiring  the 
County  Surveyor  to  survey  public  roads  when  opened. — Chap.  166. 
To  pay  Sheriff  fifty  cents  per  day  for  boarding  prisoners. — Chap.  326, 
To  jjrohibit  the  catching  offish  in  Antietam  creek  and  its  tributaries, 
except  with  angling  rod  and  dip  nets. — Chap.  334.  Authorizing 
public  roads  to  be  opened  less  than  thirty  feet  wide. — Chap.  356. 
39 


644  SUPPLEMENT    AND    APPENDIX. 

Wicomico  County. — To  prevent  stock  from  runninof  at  larce  in  Qnan- 
tico. — Chap.  58.  Regrulating  fences. — Chap.  65.  Recrulatin<?  public 
roads.— Chap.  125.  To  protect  birds.— Chap.  127.  To  cliaiure  place 
of  voting  in  seventh  district.— Chap.  261.  Authorizing  a  tax  to  be 
levied  to  build  a  court-house. — Chap.  213.  Also  a  bridge  over  We- 
tepquin  creek.— Chap.  106.  Also  to  allow  certain  persons  to  cut  a 
canal  through  Quantico  creek  to  Nanticoke  river.- Chap.  396. 

Worcester  County.— To  amend  the  law  relating  to  fences.— Chap.  46. 
To  protect  oysters,  fish,  &c.,  in  Synepuxent  bay.— Chap.  77.  Re 'g - 
lating  the  sale  of  liquors.— Chap.  163."  To  protect  wild  fowl.— Chap. 
164.  Amending  the  charter  of  Newtown.— Chap.  188.  To  destroy 
hawks.— Chap.  294.  To  amend  the  Act  of  1870,  Chapter  434,  relating 
to  Justices  of  the  Peace.  ° 


JUSTICES    OF    THE    PEACE    AND    CONSTABLES. 


Page  468.— The  Acts  of  1874  make  the  following  changes  in  the 
table  on  page  468,  showing  the  number  of  Justices  of  the  Peace  and 
Constables  in  each  election  district  of  the  counties: 

Allegany  County— 'Has  thirteen  election  districts  bv  1874,  Chapter 
90,  and  two  Justices  of  the  Peace  and  one  Constable  in  each  district; 
and  in  each  of  the  three  Cumberland  districts  two  Constables  at  lar'^e 
additional,  by  1874.  Chap.  192. 

Carroll  County— Fi\e  Justices  and  three  Constables  in  seventh  dis- 
trict, and  three  Justices  in  the  eleventh  district  by  1874,  Chap.  138. 

Dorchester  County— Three  Justices  in  second  and  sixth  districts  bv 
1874,  Chap.  335.  ^ 

Frederick  County— Three  Justices  each  for  ninth  and  fifteenth  dis- 
tricts by  1874,  Chap.  133. 

Ga7Tett  Count7/—Was  re-districted  under  the  Act  of  1874,  Chap.  369, 
to  contain  nine  districts.  First,  fourth  and  ninth  districts  each  have 
one  Justice  of  the  Peace  and  one  Constable.  The  second,  third,  fifth, 
sixth  and  eighth  districts  have  two  Justices  of  the  Peace  and  one 
Constable.  The  seventh  district  has  two  Justices  and  two  Constables 
by  1874,  Chap.  187. 

Howard  County.— In  the  first  and  sixth  districts  three  Justices  each 
ins*-ead  of  two  by  1874,  Chap.  144. 

Kent  County.— In  the  second  and  third  districts  two  Justices  and 
two  Constables ;  fourth  and  fifth  districts  each  three  Justices  bv  1874 
Chap.  142.  •' 

St.  Mary's  Caunty.-ln  second  district  four  Justices  instead  of 

by  1874,  Chap.  779. 

Somerset  County.— In  Tangier  district  one  additional  Justice  of  the 
Peace. 

Washington  County.— In  second  district  four  Justices,  and  eio-hth 
district  tliree  Justices  by  1874,  Chap.  29. 

The  list  of  Acts  providing  for  the  number  of  Justices  of  the  Peace 
m  the  counties  and  Bahimore  city,  to  be  appointed  by  the  Governor, 
has  been  corrected  since  the  table  on  page  468  was  printed.  See 
page  46.  ^  o  x 


SUPPLEMENT   AND   APPENDIX.  645 

OFFICERS  OF  THE  GENERAL  ASSEMBLY  OF  1874. 


Pnge  471.  The  following  are  the  officers  of  the  General  Assembly 
of  1874-5. 

Officers  of  the  Senate. — President,  John  Lee  Carroll,  of  Howard 
county;  Secretary,  Augustus  Gussaway,  of  Anne  Arundel  county; 
Reading  Clerk,  Wni.  H.  Hiss,  Baltimore;  Journal  Clerk,  Solomon  E. 
Smith,  Dorchester ;  Sergeant-at-arms,  John  F.  Cox,  Caroline;  Door- 
keeper, Thomas  Whitten,  Baltimore;  Assistant  Doorkeeper,  John  D. 
Johnson,  Wicomico;  Postmaster,  Abram  Cole,  Harford.  Committee 
Clerks:  W.  K.  Purricll,  of  Cecil;  John  H.  Gibbs,  Lewis  M.  Griffith, 
Calvert;  Reuben  A.  Boguely,  of  Montgomery  ;  antl  .James  M.  Low,  of 
Talbot;  Folders  :  W.  H.  Pennington,  of  Kent;  E.  B.  Fuller,  of  Gar- 
rett ;  and  Thos.  Bond,  of  Baltimore  county  ;  Messenger,  Geo.  H.  Davis, 
of  Carroll;  Page,  Albert  Wells,  of  Baltimore  city. 

Officers  of  the  House. — Sjieaker,  Jesse  K.  Hines,  of  Kent  county  ; 
Chief  Clerk,  Milton  Y.  Kidd,  of  Cecil  county;  Reading  Clerk,  Dr. 
Wm.  H.  Cole,  of  Baltimore  city;  Journal  Clerk,  Henry  A.  Silver,  of 
Harford  county;  Sergcant-at-arms,  F.  J.  Wheeler,  of  Carroll  county  ; 
Postmaster,  J.  E.  JIaUingly,  St.  Mary's;  Assistant  Postmaster, Wm.  F. 
Lazenby,  Montgomery  ;  First  Doorkeeper,  Conrad  Prince,  tirst  legis- 
lative district,  Baltimore  city  ;  Second  Doorkeeper,  Ezra  Betterberner, 
Washington  county  ;  Assistant  Serjeant-at-arms,  Samuel  M.  Tubman, 
Howard;  Messenger.  V.  F.  Collier,  Wicomico.  Committee  Clerks: 
E.  T.  Shepherd,  Cecil;  Hamilton  G.  Webb,  Anne  Arundel;  W.  H. 
Parks,  Somerset;  and  Thomas  Peddicord,  Garrett ;  Engrossing  Clerk, 
Samuel  W.  Storm,  Baltimore  county.  Pages:  James  Dorsey,  second 
legislative  district,  Baltimore  city  ;  and  James  Busey,  tliird  legis- 
lative district,  Baltimore  city ;  Folders,  H.  C.  Pennington,  Kent 
county  ;  Jeremiah  Creighton,  Dorchester  ;  Robert  B.  Clemunts,  (^ueen 
Anne's;  and  Esma  Low,  Caroline  county  ;    Chaplain,  Rev.  J.  P.  Hall. 


POLITICIANS'    REGISTER. 

[Separately  Paged.] 
REGISTRATION    OF    VOTERS. 


The  Act  of  1874,  Chapter  490,  amends  the  Registration  Act  of  1874, 
as  follows: 

Page  1.  Sec.  2.  Add  the  following:  "And  the  i)resent  officers  of 
Registration  shall  serve  out  the  full  term  for  which  they  were  severxilly 
appointed." 

Ibid.  Sec.  3.  For  '■'■second  Monday  in  Seiitember,"  read  "■first  Mon- 
day in  September,  1874." 

lUd.  Skc.  4.  For  ''third  Monday  in  September,"  read  "■fird  ^Monday 
in  September,  1874." 

Ibid.  SiiC.  5.  For  "■third  Monday,"  read  "-first  Monday."  For  ''twenty 
days  notice^'  read  "ten  days,"  and  add  the  lollowing  at  end  of  sec- 


646  SUPPLEMENT  AND   APPENDIX. 

f 

tion,  "provided  that  the  notice  aforesaid  shall  be  published  for  each 
county  in  one  notice,  to  which  the  names  of  the  Registers  of  all  the 
districts  shall  be  appended,  and  the  notice  for  the  city  of  Baltimore 
shall  be  signed  by  all  the  Registers  of  said  city." 

Page  2,  Sec.  6,  9th  line,  after  "disqualified  persons,"  insert,  "or  of 
persons  who  may  not  be  resident  of  such  ward  or  election  district,  or 
may  not  be  entitled  to  vote  therein." 

Page  3.  Sec.  7,  add  to  end  of  Section.  [Provided,  that  when  any 
l)ers(m  applying  as  aforesaid  for  registration,  shall  have  Ijeen  previ- 
ously registered  within  this  State,  the  officer  of  registration  to  whom 
such  application  is  made,  betbre  registering  such  person,  shall  demand 
and  receive  irom  him  tlie  certificate  of  his  previous  registration  as  is 
provided  for  in  the  sixth  section  of  this  Act.] 

Paye  3,  Section  8,  line  16,  tor  "so  as  above  qualified,"  read  "so  as 
above  disqualified." 

Page  3,  Section  9,  line  2,  for  '■'third  Monday,"  read  '■[first  Monday; " 
also,  strike  out  the  lust  five  lines  of  the  Section,  and  read  as  f  )llows  : 

"Said  Officers  of  Registration  shall  cause  said  lists  to  be  cmce  pub- 
lished in  two  newspapers  in  the  City  of  Baltimore,  and  said  news- 
papers shall  be  designated  by  the  Mayor  and  Register  of  the  City  of 
Baltimore,  and  one  newspaper  in  each  county,  and  also  by  handtnlls 
posted  in  such  public  places  as  they  may  select  in  the  several  wards 
of  Baltimore  city;  but  the  Register  shall  not  publish  in  any  news- 
])aper  any  list  of  registered  voters,  except  the  list  of  those  transferred, 
dead,  disqualified,  removed,  dropped  from  the  list,  and  of  those  wdiose 
names  appear  for  the  first  time  on  list  of  qualified  voters,  and  the 
districts  of  the  several  counties;  and  one-third  of  the  handbills  so 
posted  in  Baltimore  city  shall  be  printed  in  the  German  language." 

Page  4,  Sec.  10.  Strike  out  the  words  from  "Allegany  county,"  in 
4th  line  to  "thereafter,"  and  read  as  follows  : 

"And  two  successive  days  in  the  remaining  counties  of  the  State, 
commencing  in  the  City  of  Baltimore,  on  the  first  Monday  in  October, 
and  in  the  several  counties  on  the  first  Monday  in  October,  and  on  the 
same  days  respectively  in  every  year  thereafter. 

Page  4,  Sec.  11,  4th  line,  afier  the  word  "them,"  insert  the  follow- 
ing: '"Or  who  may  not  be  residents  of,  or  entitled  to  vote  in,  the  ward 
or  election  district  in  which  they  are  respectively  registered;"  and 
at  the  end  of  the  Section  add  the  following:  "Provided,  that  when 
any  person  applying  as  aforesaid  lor  registration,  shall  have  been  pre- 
viously registered  within  this  State,  the  Officer  of  Registration  to 
Avhoni  such  apiJlication  is  made,  before  registerin<j  sucli  person,  shall 
demand  and  receive  Irom  hiin  the  certificaie  of  his  previous  registra- 
tit)n  as  proyided  for  in  the  9th  Section  of  this  Act." 

Page  5,  Section  12,  oth  line  from  top  of  2)age,  strike  but  all  after  the 
word  "registered,"  and  read  as  follows:  "\Vhich  list  shall  lie  pub- 
lished as  provided  for  in  this  Act." 

Page  5,  Section  13. — Strike  out  Section  13,  and  insert  the  ft)llowing 
in  lieu  of  it: 

Skc.  13.  "Said  Officers  of  Registration  shall  make  or  cause  to  be 
made,  in  books  proper  for  the  parj^ose,  two  fair  copies  of  the  lists  of 
the  qualified  voters  as  made  after  the  last  sitting  of  said  ofiicers,  (me 
of  said  copies  said  officers  shall  deliver  on  or  before  the  JVIijnday  ne,^t 
preceding  the  second  Wednesday  in  October,  to  the  Sheriff  ol  Balti- 


SUPPLEMENT    AKD    APPENDIX.  647 

more  city,  and  one  to  the  Clerk  of  the  Superior  Court  of  Baltimore 
city;  and  said  officers  in  the  several  cnunties  shall  deliver  one  cpy 
of  said  lists,  on  or  before  the  first  Monday  in  Noveinl)er.  to  the  Siier- 
iffs  of  their  respective  counties,  andtotiie  Clerksof  the  Circuit  Courts 
of  said  counties;  and  the  said  officers  shall  also  deliver  to  said  clerks 
of  said  courts  the  books  of  registration." 

Pufje  5,  Section  14. — Add  the  following  to  end  of  section : 
And  it  shall  be  the  duty  of  the  State's  Attorneys  of  the  several 
counties,  and  of  the  counsel  for  the  otlioers  of  rei^istration  of  Balti- 
more city,  as  hereinafter  provided,  to  appear  on  behalf  of  the  Officers 
of  Registration,  and  against  the  appellant  at  the  hearing  of  all  ap- 
peals from  the  decision  of  Officers  ol  Registration  within  their  respec- 
tive counties  and  Baltimore  city,  as  the  case  may  be. 
Page  5. — Insert  the  following  new  section  as  Section  15 : 
Sec.  15.  No  person  shall  be  entitled  to  be  or  remain  registered  in 
any  ward  or  election  district,  unless  he  shall  have  been  a  resident  of 
the  State  for  one  year,  and  of  the  legislative  district  of  Baltinmre 
city,  or  of  the  county  in  which  registration  may  be  claimed,  for  six 
months  next  preceding  the  next  ensuing  election,  at  which  such  regis- 
tration would  be  evidence  of  the  right  of  the  person  so  registered  to 
vote;  and  in  case  any  county  or  city  be  so  divided  as  to  form  portions 
of  different  electoral  districts  for  the  election  ol  Representatives  in 
Congress,  Senators,  Delegates  or  other  officers,  then  to  entitle  a  person 
to  be  or  remain  registered  in  any  particular  section,  or  part  of  such 
county  or  city,  he  must  have  been  a  resirlent  of  that  -^-xxt  or  section 
of  the  electoral  district  in  which  he  claims  to  be  or  is  registered,  for 
six  months  next  preceding  the  next  election,  at  which  such  registra- 
tion would  be  evidence  of  the  right  of  the  person  so  registered  to 
vote;  and  the  residence  necessary  to  entitle  any  person  to  vote,  or  re- 
main so  registered  to  vote,  and  the  evidence  necessary  to  entitle  any 
person  to  be  or  remain  so  registered,  shall  be  an  actual  honn  fide  resi- 
dence within  the  ward  or  "district  within  which  such  persim  may 
claim  to  reside  and  to  be  registered,  and  such  actual  })ona  fide  resi- 
dence shall  be  established  upon  the  oath  or  affirmation  of  competent 
witnesses,  to  the  satisfaction  of  the  Register  to  whom  the  application 
is  made,  and  to  the  satisfaction  of  the  judge  or  judges  to  whom  any 
appeal  is  made  under  the  provisions  of  this  Act;  and  the  neglect  or 
refusal  of  any  person  deeming  himself  aggrieved  by  the  refusal  ol  any 
Officer  of  Registration  to  register  his  name,  or  by  the  striking  off  of  his 
name  from  the  list  of  qualified  voters,  to  appeal,  by  petition,  from 
such  action,  as  provided  for  in  this  Act,  shall  be  deemed  and  taken 
to  be  conclusive  evidence  that  the  said  perscm  was  rightfully  refused 
registration,  or  that  the  name  of  such  person  was  riglitfuliy  stricken 
from  the  list  of  qualified  voters  of  such  ward  or  election  district,  and 
the  residence  herein  referred  to  shall  be  construed  so  as  to  require 
that  the  party  shall  have  spent  a  majority  of  the  prescribed  time  in 
such  ward  or  district. 

Ptrge  5. — Make  Section  15  Section  16. 
Page  6. — Insert  new  sections  17  and  18. 

Special  Elections. 
Sec.  17.  Immediately  after  the  ordering  of  any  new  or  special  elec- 
tion as  provided  by  the  Constitution,  except  for  Senators  or  members 


648  SUPPLEMENT  AND  APPENDIX. 

of  tbe  House  of  Delegates,  the  clerk  of  the  Circuit  Court  of  the  county 
in  which  such  new  or  special  election  is  to  be  held,  or  the  clerk  ol'tlie 
Superior  Court  for  Baltimore  city,  if  such  election  is  to  be  held  in 
said  city,  shall  deliver  to  the  officers  of  registration  of  said  county  or 
city,  the  books  of  registration  and  lists  of  qualified  voters  for  said 
county  or  city,  whereupon  said  officers  of  registration  shall,  for  three 
successive  days,  if  in  Baltimore  city,  or  for  two  successive  days  if 
in  either  of  the  counties,  commencing  not  more  than  ten  days  after 
the  ordering  of  sucn  election,  at  some  convenient  place  to  the  voters 
of  the  several  election  districts  of  said  county,  or  of  the  several  wards 
of  Baltimore  city,  set  with  open  doors  from  nine  o'clock  A.  M.  to  six 
o'clock  P.  M.,  in  the  several  counties,  or  from  nine  o'clock  A.  M.  to 
nine  o'clock  P.  M.,  in  Baltimore  city,  for  tbe  purpose  of  registering 
all  persons  applying  to  them  for  that  purpose,  who  may  possess  the 
necessary  qualifications  to  vote  at  such  election  in  the  manner  here- 
inbefore prescribed,  and  shall  proceed  to  strike  from  the  list  of  quali- 
fied voters  the  names  of  all  persons  known  or  made  known  to  them 
who  have  died,  removed  from  the  ward  or  district,  or  vrho  may  not 
be  residents,  or  entitled  to  vote  in  the  ward  or  district,  or  who  may 
not  be  resident  or  entitled  to  vote  in  the  ward  or  election  district  in 
which  they  are  respectively  registered,  or  have  otherwise  become  dis- 
qualified :  and  the  said  officers  of  registration  shall  give  at  least  five 
days'  previous  notice  of  the  time  and  place  of  sitting,  by  publication 
in  at  least  one  newspaper  published  in  said  county,  or  three  news- 
papers if  in  Baltimore  city,  one  of  which  shall  be  in  German. 

Two  Alphabet ical  Lists. 

Sec.  18.  Immediately  after  the  expiration  of  the  days  on  which 
said  officers  of  registration  shall  have  corrected  said  lists,  so  as  pro- 
vided in  the  preceding  sections,  they  shall  proceed  without  delay  to 
make,  or  cause  to  be  made,  two  alphabetical  lists,  one  of  which  shall 
comprise  the  names  of  those  registered  persons  which  said  Officers  of 
Registration  have  stricken  from  the  list  of  qualified  voters,  and  the 
books  of  registration  delivered  to  said  officers  by  said  clerks  of  courts; 
and  the  other  one  of  said  lists  shall  comprise  the  names  of  those  i)er- 
sons  whom  said  officers  have  registered  at  the  registrations  just  made, 
and  also  the  names  of  those  persons  whom  the  judge  of  a  court  to 
which  an  appeal  from  the  decision  of  said  Officers  of  Registration  has 
been  taken,  has  decided  to  be  entitled  to  be  registered;  and  in  the 
lists  of  Baltimore  city,  the  residence  of  every  voter  shall  be  affixed 
opjjosite  his  name;  and  said  officers  of  registration  shall  cause  said 
lists  to  be  published  as  herein  provided  for  in  the  ninth  section  of 
this  Act. 

Make  Sees.  16,  17,  18,  19,  20  and  21,  Sees.  19,  20,  21,  22,  23  and  24. 

Page  7,  Section  19-22.  After  the  word  "election,"  on  fourth  line 
from  bottom  of  Section,  insert  the  following:  "Including  the  election 
for  Mavor  and  members  of  the  City  Council  of  Baltimore  City." 

iX^e  7,  Section  20-23.  After  the  word  "registration"  in  11th  line 
of  said  Section,  strike  out  the  words  "as  herein  provided,"  and  insert 
"from  the  clerk  of  some  court,  as  provided  in  the  17th  Section  of  this 
article." 

Page  7,  Section  21-24.  After  the  word  "registration"  in  the  first 
line,  insert  "lor  the  several  wards  of  Baltimore  city,  shall  each  receive 


SUPPLEMENT   AND   APPENDIX.  649 

an  annual  salary  of  five  hundred  dollars,  and  those  for  the  several 
counties  shall  each  receive  four  cldllars  per  day."  Also  strike  out 
tlie  words  "clerks  of  court,"  in  7th  line  of  said  Section,  and  insert 
"Clerk  of  the  Superior  Court ;  "  also  insert  after  the  word  "respective- 
ly," in  4th  line  from  bottom  of  Section,  insert,  "and  the  like  neces- 
sary expenses  incurred  for  the  City  of  Baltimore,  except  for  books, 
stationery,  fuel  and  olhce  rent,  for  which  no  allowance  whatever  shall 
be  made,  shall  be  paid  by  the  Mayor  and  City  Council  of  Baltimore." 

Page  8,  insert  Section  25,  as  follows  : 

Sec.  25.  The  oflicers  of  reiristration  of  the  several  wards  of  Balti- 
more city  shall  annually  elect  some  ])racticiii<f  member  of  the  bar  of 
Baltimore  city,  as  counsel  for  said  Ofiicers  of  Ket^istration,  wlio«e  duty 
it  shall  be  to  appear  for  said  Officers  of  Registration,  and  against  the 
appellant  at  the  hearing  of  all  appeals  from  the  decision  of  said  offi- 
cers, under  the  provisions  of  this  article,  and  to  assist  said  otlicers 
from  time  to  time  at  their  request,  by  his  advice,  upon  all  legal  mat- 
ters pertaining  to  the  duties  of  said  officers  ;  for  his  services  he  shall 
receive  an  aimual  salary  of  five  hundred  dollars,  to  be  paid  by  the 
Mayor  and  City  Council  of  Baltimore. 


STATE    ELECTION    LAWS. 


Page  8.  Strike  out  Section  1  of  Article  35,  and  insert  the  following  : 
Sec.  1.  The  County  Commissioners  in  each  county,  shall  annually 
appoint  three  jDcrsons  for  each  election  district,  or  j^reciiict  of  the 
county,  residents  of  such  district  or  precinct,  who,  or  a  majority,  or 
•',nly  one  of  whom  in  case  of  the  non-attendance  of  the  other  two,  shall 
be  judges  of  the  election  for  such  district  or  precinct,  from  the  time 
of  their  appointment,  until  a  new  appointment  be  made,  and  it  shall 
be  the  duty  of  said  County  Commissioners  of  said  counties,  in  mak- 
ing their  appointments  for  said  judges  of  elections,  to  select  at  least 
;yne  of  said  judges  for  each  election  district  and  precinct  in  their  re- 
spective counties,  from  among  those  of  a  different  political  party  from 
themselres,  or  a  majority  of  themselves. — 1874,  Chap.  344. 


ACTIONS    AT    LAW    FOR    WRONGS. 


Page  423.  Add  to  Baltimore  City. 

The  Act  of  1874,  Chapter  167,  amends  the  local  laws  of  Baltimore 
City,  relating  to  costs  of  actions  in  courts,  as  follows: 

Costs  to  ie  Adjudged. 

Sec.  159i.  That  in  all  actions  at  law  for  wrongs,  independent  of 
contracts,  in  any  of  the  courts  of  Baltimore  City,  where  the  verdict  or 
inquisition  of  damages  after  defiult  made  shall  be  for  a  sum  less  than 
fifty  dollars,  the  costs  shall  be  adjudged  to  the  defendant,  unless  the 
court  shall  otlierwise  determine;  but  the  court  before  allowing  costs 
to  the  plaintiff  in  any  such  case,  shall  be  satisfied  that  he  had  good 
reason  for  not  bringing  suit  before  a  Justice  of  the  Peace  ;  and  in  all 
cases  of  appeals  whatsoever,  from  judgments  of  Justices  of  the  Peace 
in  Baltimore  City,  costs  shall  be  allowed  to  plaintifl'  or  defendant,  in 
the  discretion  of  the  court. — 1874,  Chap.  167. 


650  SUPPLEMENT  AND  APPENDIX. 

CHANGES  IN  THE  COUNTY  OFFICERS. 

[Pages  477  to  499  inclusive.] 

The  following  changes  have  been  made  in  the  County  Officers  since 
this  part  of  the  book  was  printed. 

Allegany  County.— The  Governor,  on  the  30th  of  August  last,  ap- 
pointed the  following  officers  for  Allegany  county. 

Justices  of  the  Peace. — First  district,  Harman  Burkman  and  Nathan 
Trail ;  second  district,  John  Hartley  and  Daniel  Crabtree;  third  dis- 
trict, Lennox  Ferine  and  John  Wilson  of  N. ;  fourth  district,  H.  J. 
Flanagan  and  Daniel  Blocker;  fifth  district,  J.  W.  Jones  and  H.  H. 
Holbrook  ;  sixth  district,  Andrew  Gonder  and  J.  B.  Widener ;  seventh 
district,  J.  C.  Cockerly  and  Stanley  Cresup  ;  eighth  district,  George 
W.  Sheets  and  Owen  Iteordan;  ninth  district,  Uriah  Duchworth  and 
O.  G.  Barcus;  tenth  district,  James  Dooly  and  John  Ryan  ;  eleventh 
district,  John  C.  Weis  and  H.  R.  Atkinson;  thirteenth  district,  John 
Barth  and  John  Laville. 

Oificers  of  Beg  i  drat  ion.— First  district,  H.  H.  Tonker ;  second  dis- 
trict, James  F.  Wilson  ;  third  district,  Thomas  McElfresh ;  fourth 
district,  John  Freiber;  fifth  district,  A.  W.  Williamson  ;  sixth  dis- 
trict, John  B.  Fay  ;  seventh  district,  A.  C.  Rawlings  ;  eighth  district, 
Maurice  W.  Miller  ;  ninth  district,  Adam  Kelbaugh  ;  tenth  district, 
Henry  Hanekamp  ;  eleventh  district,  John  Hitch  ins;  twelfth  district. 
G.  W.  McCuUough;  thirteenth  district,  Josiah  Healey. 

A7ine  Anmdii  County.— James  Ellison  and  Joseph  J.  Clark,  have 
been  appointed  constal)les  in  this  county. 

The  f -Uovriug  Justices  of  the  Peace  have  been  appointed  :  Charles 
C.  Bassford,  second  district,  in  ])l:ice  of  N.  R.  Nicholson.  William 
Moran,  third  district,  in  place  of  William  Merat,  and  E.  F.  Jackson, 
fourth  district,  in  place  of  E.  J.  Jackson. 

Baltimore  County.— John  P.  Cuddy,  Justice  of  the  Peace,  tenth  dis- 
trict, in  place  of  J.  S.  Curtis. 

Carroll  County.— Henry  A.  McAttee,  Justice  of  the  Peace,  seventh 
district,  in  place  of  Abner  Neal.  Wm.  Fisher,  Officer  of  Registration, 
first  district,  in  place  of  John  A.  Martin.  H.  E.  Fiddis,  Notary  Pub- 
lic, in  place  of  F.  J.  Wheeler. 

Dorchester  County.— Hichard  M.  Webb,  Justice  of  the  Peace,  third 
district,  in  place  of  J.  M.  Robertson. 

Garrett  County. — John  M.  Read,  Notary  Public. 

Montgomei-y  County.— V.  G.  Donahue,  Justice  of  the  Peace,  in  place 
of  B.  F.  Reid. 

Queen  Anne's  County.— James  Wooter,  Clerk  of  Circuit  Court,  in 
place  of  W.  A.  G.  Hobbs.  E.  C.  Downs,  Justice  of  the  Peace,  in  place 
of  W.  D.  Turner,  and  Y.  T.  White,  Officer  of  Registration,  fourth  dis- 
trict; and  George  C.  Loker,  appointed  Justice  of  the  Peace. 

Ta.llot  County.— Officers  of  Registration:  George  T.  Hagar,  third 
district.  William  J.  Boyd,  fifth  district.  W.  S.  Davis,  seventeenth 
district. 

Wicomico  County.— James  C.  Cushrod,  Justice  of  the  Peace,  fourth 
district. 

Worcester  County.— Officers  of  Registration  :  Second  district,  J.  T. 
Selby;  third  district,  James  McGregor;  fifth  district,  Thomas  Hol- 
loway. 


SUPPLEMENT    A.ND   APPK.NUIX. 


651 


MARYLAND  REPRESENTATIVES  IN   FORTY- 
FOURTH  CONGRESS. 


Fmt  District—Ron.  Pliilip  Fnvncis  Tlinnia?.  of  Talbot  County. 
Second  Dltitrirl. — Hon.  C'luirles  H.  Roberts  of  Carroll  county. 
Third  District.— Hon.  \\  n\.  J.  O'liriuii  of  Baltimore  city. 
Fourth  Dintrict. — Hon.  Thos.  Swunn  of  JJalliniore  city. 
Fifth  Diiitrict. — Hon.  Eli  J.  Henkle  of  Anne  Arundel  County. 
Sijcth  District. — Hon.  Wvn.  Walsh  of  Allegany  county. 


THE  VOTE  FOR  MEMBERS  OF  CONGRESS  IN  1874. 


[Page  30,  Politicians'  Register.] 

Dem.  Hep. 

Thomas.  Goldsborough.     Majorities. 

Ist  District, 12,405  10,148             2,lo7 

Roberta.  Eusor. 

2d  District, 10.063  8,238             2,444 

O'Brien.  Suter. 

3d  District, 9,287  4,834            4,834 

Swauu.  Cox. 

4th  District, 10,244  0,810             3,343 

Ileulcle.  Uaijuer. 

5th  District, 11,803  10.453             1,410 

Walsli.  Lowudea. 

6th  District, 12,974  13,897                  97 


STATE   VOTE   BY   COUNTIES. 


Counties.  Dem.  Rep. 

Allegany 2,426         2,710 

Anne  Arundel,..  2,710  2,299 
Baltimore  county  4,384  8,134 
Baltimore  city... 30,802       12,108 

Calvert 885         1,025 

Caroline 1,131  925 

Carroll 2,004         2,155 

Cecil 2,208         1,798 

Charles 1,353         1,501 

Dorchester 1,544         1,512 

Frederick 4,220         4,379 

Garrett 596  616 

Harford 2,224   •     1,575 

Howard 1,339         1,043 

Total  vote  of  1873 

Total  vote  of  1874 


Counties. 

Kent 

Montgomery  . . . . 
Prince  George's.. 
Queen  Anne's  . .  . 

St.  Mary's 

Somerset 

Talbot 

Washington 

AVicomioo 

Worcester 


Dem. 
1,055 
2,253 
2,136 

1,702 
1,350 
1,417 
1,590 
3,479 
1,004 


Hep. 
1,500 
1,733 
3,320 
1,358 
1,437 
1,444 
1,538 
3,400 
905 
970 


67,514       53,379 


Majority 14,135 

139,309 

120,893 


Less  in  1874 18.376 


G53 


SUPPLEMENT    AND    Al'l'i:;.NlJIX. 


[Page  34,  Politicians'  Register.] 

BALTIMORE   CITY   COUNCIL— FIRST   BRANCH, 
Elected  fourth  Wednesday  of  October,  1874. 

The  following  is  the  list  of  the  members  elected  to  the  First  Branch, 
all  of  whom  were  the  regular  nominees  of  the  Democratic  Conserva- 
tive party : 

1st  ward,  Andrew  F.  Schroeder;  2d  ward,  Henry  Cashmyer;  3d 
ward,  Edward  W.  Bennett,  Sr. ;  4th  ward,  C.  W.  Lewis;*  5th  ward, 
James  Sap]) ;  6th  ward,  John  L.  Baker;*  7th  ward,  Thomas  A.  Onion; 
8th  ward, Thomas  P.  Kernan;  9th  ward,  Wm.E.  Stewart;  10th  ward, 
Warfield  T.  Browning;*  11th  ward,  H.  Rozier  Dulaney;  12th 
ward,  Joseph  S.  Heuisler;*  13th  ward,  Otis  Keilholtz;*  14th  ward 
James  C.  Randall;  loth  ward,  Dr.  M.  W.  Donavin;  10th  ward,  Jos. 
McCauley;  17th  ward,  John  Fitzpatrick  ;  18th  ward,  .lohn  S.Bul- 
lock; 19th  ward,  Wm.  W.  OrndorlT;  20th  ward,  Dr.  Charles  W. 
Cliancellor.* 

The  following  is  the  vote  cast  at  the  above  election: 


DEMOCRATIC. 
Wards. 

1.  A.  F.  Schroeder 1,140 

2.  Henry  Cashmyer 694 

3.  E.  W.  Bennett,  Sr, 1,105 

4.  C.  W.  Lewis 892 

5.  James  Sapp 1,181 

6.  John  L.  Baker 1,031 

7.  Thomas  A.  Onion 1,126 

8.  Thos.  P.  Kernan .    b67 

9.  Wm.  E.  Stewart 398 

10.  W.  T.  Browning 380 

11.  H.  R.  Dulaney 727 

12.  Jos.  S.  Heuisler 400 

13.  Otis  Keillioltz 362 

14.  James  C.  Randall 721 

15.  Dr.  M.  W.  Donavin 1,024 

16.  Joseph  McCauley 1,291 

17.  John  Fitzpatrick 694 

18.  John  S.  Bullock. . .....  1,454 

19.  W.  W.  Orndorff 952 

20.  Dr.  C.  W.  Chancellor,..  1,046 


REPUBLICAN  AND   INDEPENDENT. 
Wards. 

1.  W.  H.  Thompson 354 

2.  No  opposition. 

3.  Joseph  Glenn 237 

4.  B.  F.  Matthews 139 

5.  AYm.  Silverwood 714 

6.  Francis  Clark 620 

7.  Noah  Gill 730 

John  E.  Hill,  Ind 23 

8.  John  W.  Owens,  Ind. . .  649 

9.  No  opposition. 

10.  No  opposition. 

11.  C.  L.  Oudesluys 440 

12.  No  opposition. 

13.  No  o])position. 

14.  David  G.  Rogers 360 

15.  Leonidas  Tyler 60S 

James  North,  Ind 105 

16.  Thos.  B.  Marshall 678 

17.  No  opposition. 

18.  H.  N.  Bankard 919 

Asa  H.  Smith,  Ind 22 

19.  John  ^Y.  Holden 499 

20.  Leander  Foreman 792 

The  following  are  the  newly  elected  officers: 

President,  Otis  Keilholtz;  Chief  Clerk,  A.  V.  Milholland  ;  Assist- 
ant Clerk,  J.  Frank  Brady;  Committee  Clerk,  Allan  E.  Forrester; 
Sergeant-at- Arms,  James  Stanton;  Page,  Daniel  Barr. 

*  Re-elected. 


SUPPLEMENT  AND  APPENDIX.  653 

THE  GOVERNMENT   OF  THE   UNITED  STATES. 


The  following  changes  have  taken  place  in  the  Officers  of  the  United 
States  Government  at  Wasliington  : 

Page  t>21,  Treamry  Department. — Charles  F.  Conant.  a]>pointed  As- 
sistant Socretary,  in  place  of  F.  A.  Sawyer.  Wiliiani  O.  .\very.  Chief 
Clerk,  in  piace  of  James  H.  Saville.  H.  C.  Johnson,  Commissioner  oi 
Customs,  in  place  of  W.  T.  Harris. 

Page  G22,  Post  Office  Department. — Marshall  Jewell  ajjpointed  Post 
Master  General,  in  place  of  J.  A.  J.  CreswcU,  resigned.  Louis  C. 
Watkins,  Chief  Clerk,  in  place  of  James  H.  Marr. 

Page  029,  Virginia. — Ninth  Congressional  District:  ChristopiSir  G. 
Thomas,  %'ice  Reese  T.  Boweu.  West  Virginia. — John  J.  Davis,  first 
district,  vice  Benjamin  Wilson. 


BALTIMORE   CITY. 


The  following  additional  changes  have  been  made  in  the  Officers  oi 
of  Baltimore  City. 

City  Librarian. — John  S.  Brown. 

Vaccine  Physician. — 5th  and  Gtli  wards,  E.  S.  Thomas. 

Almshouse  Trustee. — Thomas  White,  vice  Sisson. 

Superintendent  of  Almshouse. — Captain  John  Mitchell. 

City  Directors  in  the  Valley  Railroad  Co. — Robert  T.  Baldwin,  De- 
catur H.  3Iiller  and  Richard  Norris,  Jr. 

Comini)>)iioner  of  La  Fayette  Square. — J.  .J.  M.  Selbnan,  vice  Colton. 

Commissioner  of  Fulton  Avenue  Circle  and  Baker  Street  Circle. — John 
T.  Ford. 

Keeper  of  Washington  Monument. — John  Fenton. 

Lamplighters. — John  Tall,  vice  Hinton;  John  H.  Xagcl,  7th  ward  ; 
James  Tierney.  vice  McLaughlin  ;  Phili])  Carborry,  vice  Watson. 

Constables. — 9th  ward,  Wm.  J.  Bowling.  ISth  ward,  David  P. 
West,  Augustus  Hofl'man.  , 


STATE    FISHERY    FORCE. 

Commander. — Steamer  Leila,  Jesse  K.  Hines. 

Deputy  Commanders. — Wm.  R.  Shenton,  Dorchester  District ;  Thos. 
J.  Valliant,  3d  District;  Joseph  Forrest,  St.  Mary's  C»ninty  :  George 
W.  Carpenter,  6th  District;  Capt.  Lemuel  Mitchell,  Charles  County. 


ADDITIONS    AND    CORRECTIONS, 


Page  40,  line  13th.— For  "text  book"  rear!  "test  book." 

Page  51. — Add  to  list  of  Governors,  ''Hon.  "\Vm.  Pinkney  Wlivte, 
resiuned  March  4th,  1874,  and  Hen.  James  Black  Groome,  elected  by 
the  General  Assembly  for  the  remainder  of  the  temi,  ending  January 
13th,  1S75." 

Page  57. — In  head  line,  for  Governor's  "Vote,"  read  "Veto." 

Page  64. — In  head  line,  for  "Xominators"  to  Fill  Vacancies,  read 
"Nominations." 

Page  65. — Mileage  of  members  of  the  General  Assembly,  add  "Gar- 
rett comity,  mileage  $1  10." 

Pa-ge  68. — Classification  of  State  Senators,  in  first  class,  after  Dor- 
chester county,  insert  "Garrett  county,"  and  for  "twelve"  Senators  of 
the  first  class,  read  "thirteen"  Senators. 

Page  70. —  United  States  Senators. — Add  to  Senators  from  Western 
Shore.  Hon.  Wm.  Pinkney  Whyte,  elected,  January  20th,  1874,  for  sis 
years  from  March  4th,  1875.  For  Robert  Wright,  "Talbot"  county, 
read  "Kent"  county. 

Page  72.— House  of  Delegates  of  1861,  for  "H."Teackle  Wallis,  read 
"Severn"  Teackle  Wallis.  For  A.  K.  "Stoke,"  read  A.  K.  "Stake." 
For  John  "R."  Biddison,  sergeant-at-arms,  read  John  "S."  Biddison. 

Page  75. — House  of  Delegates.  For  "Olive"  Miller,  read  "Oliver" 
Miller. 

Page  79. — For  James  B.  "Sawner,"  read  James  B.  "Sanner." 

Page  80.— For  Samuel  "Diggs"  of  R.,  read  Samuel  "Riggs"  of  R. 

Page  81. — For  "John  Carroll"  of  Baltimore  county,  read  "John  IST- 
Carroll." 

Page  142. — Judiciary  DqMrtment. — For  "the  Judges  of  the  Court  of 
Appeals  were  removed  under  the  Constitution  of  1864,"  read  were 
"not"  removed.  &c. 

Page  210.— State  Comptroller.  See  Act  of  1874,  Chapter  ?.0,  amend- 
ing Act  of  1872,  Chapter  196,  relating  to  adjustment  of  accounts. 

Page  20o. — Board  of  Public  Works. —  Officers  of  the  ChesapeaJce  and 
Ohio  Canal  Company. — President,  A.  P.  Gorman,  salary  $4.000 ; 
Directors,  James  G.  Berrett,  D.  S.  Biser,  M.  Bannon,  G.  M.  Watkins, 
G.  Meredith,  A.  K.  Stake;  Secretary,  B.  Fawcett,  salary  $2,100;  Con- 
sulting Engineer,  W.  R.  Hutton. 


ADDITIONS    AND    CORUECTIONS.  655 

Page  205. — For  duties  of  Comptroller  under  the  Act  of  1874,  cli. 
181,  relating  to  oysters,  see  jJage  298. 

i^«^e  210,  Art.  81. — State  Comptroller. — To  assess  stocks  before  the 
"fifteenth"  day  ol  May  instead  of  the  "first"  day  of  May  ;  see  Revenue 
Act  of  1874,  oh.  483  on  page  3G1. 

Page  22^. —  (Jomininsioner  of  the  Land  Office. — His  duties  under  the 
new  Revenue  Act;  see  page  364. 

Page  237. — Public  Education. — For  amendments  to  this  law  see  page 
636-7-8. 

Page  263. — Board  of  Puhlic  Worl's. — Authori7,ed  to  select  sites  and 
build  a  state  "House  ofCorrcction^'anda  state  "Normal  School  Houae," 
see  Acts  of  1874,  chapters  248  and  479. 

Page  311. — State  Police  Commissioners. — See  pages  638  and  639  for 
the  Act  of  1874,  making  changes  in  this  law. 

Page  326. — Sec.  29. —  Tobacco  Inspection. — In  third  and  eighth  lines 
strike  out  "twelve,"  and  insert  "six"  and  in  si.x;lh  line,  strike  out 
"twelve,"  and  insert  "four."— 1874,  ch.  394. 

Page  331. — All  receipts  for  grain  deposited  or  stored  in  any  elevator 
or  place  of  storage  connected  therewith  in  this  state,  and  known  in 
trade  as  "elevator  receijats,"  shall  be  held  to  imply  title  to  such  grain 
on  the  part  of  the  holder. — 1874,  ch.  304. 

Page  339. — Live  Stock. — Compensation  of  Assistant  Weighmaster 
not  to  exceed  $1200,  instead  of  $1000.-1874,  ch.  328. 

Page  344. — Steam  Boilers. — Sec.  13.  Inspectors  to  receive  $1500 
l^er  annum  from  the  State,  and  all  collections  to  be  paid  to  the 
Treasurer.— 1874,  ch.  96. 

Page  351. —  County  Commissioners. — See  their  duties  under  the  Rev- 
enue Act  of  1874,  ch.  483. 

fage  354. — Strike  out  the  word  "orchards"  in  Sec.  21,  by  1874,  ch. 
423. 

Page  361. — State  Taxes. — Strike  out  Sec.  27  and  see  next  i)age. 

Page  380.— i^ees  of  Officers.— Tha  Act  of  1874,  ch.  377,  strikes  out 
the  word  "Frederick"  in  the  Act. 

Page  381. — Legal  Holidays.. — See  page  040  for  the  amended  law. 

Page '^'il. — Baltimore  City. — In  Sec.  160,  4th  line,  strike  out  "Sep- 
tember" and  insert  "October,"  also  on  page  424,  sec.  175. 

Page  459. — Local  Laws  of  Counties. — The  additional  local  laws  passed 
at  liic  bOisicm  of  1874  are  on  pages  641  to  645. 

Page  468. — Justices  of  the  Pechce  and  Constables. — See  page  644  for  all 
changes  made  on  page  468. 

Page  495. — Baltimore  State  and    City   Officers. — The   names  of  the 
Public  Officers  of  Baltimore,  which  have  been  changed,  and  their  sala 
ries,  will  be  found  on  pages  521  to  524,  and  656. 

Page  510. —  United  States  Officers. — The  names  of  the  various  officers 
of  tlie  United  States,  in  service  in  Baltimore  City  on  pages  510  to  520, 
will  be  found  corrected  to  date  on  pages  524,  653,  657,  and  658. 

Page  519 — Chief  Justice  of  the  Supreme  Court  of  the  United  States, 
assigned  to  the  Fourth  Judicial  Circuit,  Hon.  Morrison  R.  Waite. 

Deputy  Marshal. — John  S.  Pegley,  deceased.     No  successor. 

Page  520. — The  Centennial  Board  of  Finance  for  Maryland  has  been 
superseded. 

Page  521. — Constables.— l^th.  Ward,  Leonard  D.  Miller,  viceSchaefl'er. 
40 


656  ADDITIONS   AND   CORRECTIONS. 

Page  521.— See  clianges  in  State  and  City  Officers  in  Baltimore  City. 
Page  523.— Changes  in  Baltimore  Municipal  Officers. 
Page  524.— Changes  in  United  States  Officers  in  Maryland. 
Page  524.— See  United  States  Treasury  Officers  in  Baltimore. 


The  Politician's  Register,  (following  page  524,)  separately  pa<red.  1 
to  42.  ° 

Page  1.— Registration  of  Voters.— T\ie  amendments  made  in  the  law 
respecting  the  "Registration  of  Voters"  will  be  found  conveniently 
noted  on  pages  645  to  649. 

Page  20.— Pay  of  Members  of  Congress.— '&ixike  out  $7500  per  annum, 
Ac,  and  insert  $5000. 

Page  25.— For  a  general  election  is  held  every  year,  &c,  read  "every 
two  years." 


Change  of  City  Officers.— The  following  city  officers  were  appointed 
and  contirmed  January  18th,  1875: 

Directors  on  the  part  of  the  city  in  the  Maryland  Industrial  School 
for  Girls,  G.  S.  Griffith,  John  S.  Reese,  John  Q.  A.  Herring,  John  C. 
Bridges  and  George  R.  Skilhnan. 

City  Directors  in  the  Union  Railroad  Company,  Wm.  G.  Harrison 
and  H.  H.  Lewis. 

Lamplighter  in  the  western  district,  Patrick  Loud,  in  place  of  Thos. 
Tierney,  removed ;  Lamplighter  in  the  middle  district,  James  Cairns, 
in  place  of  Philip  Carberry,  resigned. 


The  following  city  officers  were  appointed  and  elected  Januarv 
26th, 1875  :  ^ 

City  Directors  in  the  Baltimore  and  Ohio  Railroad  Company,  &c., 
Thomas  White,  Robert  T.  Banks,  Morris  A.  Thomas,  John  F.  Wileyi 
John  G.  Medinger,  Simon  J.  Kemp  and  Charles  H.  Nicolai. 

Lamplighters  for  the  Southern  District,  John  Corbitt  and  John  F. 
Peppel. 

Commissioner  in  the  "Water  Department,  Thomas  W.  Hall,  Jr.,  in 
place  of  Fielder  C.  Slingluff,  resigned. 


CHANGES   OF   PoBLIC   OFFICERS.  657 

BALTIMORE    CUSTOM    HOUSE    OFFICERS    REMOVED, 
OFFICES  ABOLISHED,  Ac 

The  following  changes  have  been  made  in  the  Custom  House,  &c., 
up  to  January  14th,  1875  : 

Collector's  Office.— II.  II.  Coyle,  Assistant  Hospital  Clerk,  $1200  sal- 
ary, R.  II.  AtAvell,  Hospital  Clerk,  $1200  salary,  R.  C.  SuDstroud. 
Liquidating  Clerk,  $1200  salary,  are  removed  and  their  offices  abol- 
ished. 

Inspectors. — L.  E.  Baldwin  and  Jacob  Wickard  removed,  and  \V, 
H.  Dorsey  and  H.  H.  Brooks  appointed  at  $4.00  per  day. 

Watchmen. — J.  H.  Horner,  J.  H.  Bride,  J.  11.  iSewali,  J.  T.  Tuekcr 
and  C.  R.  Durham  dismissed  and  offices  abolished. 

Night  Inspectors. — J.  H.  Blackstone,  G.  A.  Cornish  and  B.  B.  Gray 
removed,  and  David  Duncan,  Jno.  S.  Conway  and  Benjamin  N.  Gray 
ai)i:)ointed  at  $3.00  per  day. 

Asslatant  Weighers. — R.  J.  Hall  and  H.  S.  Hunt  removed  and  their 
offices  abolished. 

Jieasurer. — Nicholas  L.  Wood  removed  and  office  abolished. 

Niyht  Inspector. —  \V.  H.  Richardson  appointed  in  place  olO.  Carth- 
waite,  deceased. 

Assistant  Appraisers. — Robert  C.  Maund  and  Jno.  R.  Fellmau  ap- 
pomted  Clerk  and  E.xaminers  at  $lyOO  per  year,  and  their  offices  ot 
Assistant  A2J2:)raisers  abolished. 

Examiner  of  Drugs. — J,  P.  Polk,  salary  reduced  from  $1800  to  $1600. 

Appraiser's  Department. — Henry  H.  Goldsborough,  ot  Talljot  County, 
appointed  Aj^praiser,  vice  E.  F.  Anderson,  removed,  salary  $30(10. 
Louis  R.  Cassard  appointed  Chief  Clerk  at  $1600  per  year,  vice  John 
R.  King,  removed.  F.  S.  Meredith,  J.  Woli'sperger,  A.  Jv.  lladel,  Jno. 
A.  Bravvner,  J.  Bankerdand  S.  M.  Evans,  all  clerks,  at  $1400  per  year, 
removed;  also,  S.  M.  Norris,  foreman,  $1200;  alsO,  J.  W.  Ijams,  W. 
McLaiii,  W.  D.  McAllister,  Openersand  Packers  at  $3.00  per  day  ;  also, 
W.  H.  Foster,  Isaac  Sprigg,Tho8.  J.  Barclay,  \V.  11.  Sprigg,  Porters,  at 
at  $3.00  per  day,  and  R.  11.  Morsell,  $2.50  per  day,  removed;  Thos.  S. 
Peters,  foreman  Samplers,  $1200,  W.  H.  Matthews,  b:iinpler,  $3.00  per 
diem,  removed.  Re-appointed,  W.  11.  Foster,  John  Hose,  Thomas  J. 
Barclay,  W.  H.  Sprigg,  Wm.  Hall  and  \i.  H.  Morsell,  re-appointed 
as  laborers  at  $2.50  per  day.  S.  F.  Ziegler,  Opener  and  Packer,  at 
$3.00  per  day,  transferred  to  a  Sampler  at  $3.00  per  day ;  George  J. 
Backer  appointed  Opener  and  Packer  at  $3.00  per  day,  vice  Zeigler. 
translerred  ;  John  H.  Bride  and  James  Jackson  appomted  Messen- 
gers in  Collector's  Department  at  $2.50  per  day. 

Surveyors  Department. — J.  F.  Seis,  aid  to  Surveyor,  removed,  and 
re-appointed  as  Admeasurer  of  Vessels,  vice  Get).  \V.  Mdler,  reniuveu. 

Naval  Office.  C.  II.  Shipley,  Clerk,  at  $1200  iier  year  and  WiUiaui 
EUinger,  Messenger,  at  $3.00  per  diem,  rcinoveil. 

B.  H.  Kennard,  appointed  Storekeeper,  vice  J.  S.  Lintiiicuni,  pro- 
moted to  Appraiser. 

Changes  in  Salaries. — W.  S.  W.  Seabrook,  Superintendent  of  Stores, 
salary  increased  from  $1800  to  $2000  per  annum;  B.  H.  Kennara, 
Store-Keeper,  salary  increased  from  $18U0  to  $.000  per  year;  C.  11. 
Richardson,  Marine  Clerk,  jjay  increased  Ironi  $1600  lo  i;plbuO;  t.>e 


658  CHANGES   OF   PUBLIC   OFFICERS. 

salaries  of  Cbas.  W.  Raphan,  C.  H.  Pitt,  H.  H.  Diffenderffer,  D.  :\I:'.x- 
■well,  increased  to  $1600,  and  the  salaries  of  S.  Young.  T.  S.  Nixdortf, 
W.  Ball  and  F.  Wagner  to  $1400  per  year;  Wm.  H.^Bryan  and  C.  S. 
Kapp,  Assistant  Measurers,  pay  increased  to  $1200  per  year ;  A.  C. 
Rhodes,  Clerk,  pay  reduced  from  |1800  to  $1G00  per  year. 


THE   BALTIMORE  POST   OFFICE. 


Page  515.— Mailing  ClerTc8.—\Nn\.  A.  Chalk,  Theo.  W.  Dew,  J.  J. 
Bradshaw  and  Chas.  G.  Borton,  vice  Joseph  W.  Dallam,  J.  G.  Scott, 
A.  W.  Handy  and  Edwin  Sandys ;  Ladies'  Window,  Georgianna  King, 


vice 


Internal  Revenue.— Third  Collection  District.  Deputy  Collector,  A. 
R.  McLellan,  vice  J.  H.  Dittman.  Compensation  of  U.  S.  Gangers, 
$6.00  per  day. 

THE  GOVERNMENT   OF  THE   UNITED  STATES. 


Pages  Q2\-2-?>.— Assistant  Secretary  of  State. — John  L.  Cadwallader, 
vice  J.  C.  Bancroft  Davis. 

Treasury  Dt^xwMerif.— Secretary  of  Treasury,  Benj.  H.  Bristow,  vice 
Wm.  A.  Richardson.  Assistant  Secretary,  Charles  F.  Conant,  vice  F. 
A.  Sawyer.  Chief  Clerk,  William  O.  Avery,  vice  James  H.  Saville. 
Private  Secretary  to  Secretary  of  Treasury,  E.  J.  Babcock.  Commis- 
sioner of  Customs,  Henry  C.  Johnston,  vice  W.  T.  Haines. 

Superintendent  United  States  Coast  Survey.— C.  B.  Patterson,  vice 
Benj.  Pierce. 

War  Department. — Chief  of  Engineers,  Br.  Maj.  Gen.  Alex.  E.  Shiras, 
vice  A.  A.  Humphreys. 

Navy  Department.— ChM  C\eY^,  John  W.  Hogg,  vice  H.  E.  Offley. 

Interior  Department. — Chief  Clerk,  Stanley  Plummer,  vice  Wm.  C. 
Morrill.  Commissioner  of  the  Land  Office,  S.  S.  Burdett,  vice  W. 
Drumraond.  Commissioner  of  Patents,  J.  M.  Thatcher,  vice  M.  D. 
Leggett. 

Post  Office  Department. — Marshall  Jewell,  vice  J.  A.  J.  Creswell. 

Page  497. — Police  Commissioners  of  Baltimore  City. — W.  H.  B.  Fus- 
selbaugh,  elected  for  six  years,  Harry  Gilmor,  elected  for  four  years, 
and  John  Milroy,  elected  for  two  years  irom  March  loth,  1875.  Sal- 
ary $2500.  At  the  expiration  of  the  respective  terms  of  office,  the 
Police  Commissioners  are  to  be  elected  for  six  years  each. 

Page  50'S.— Commissioner  of  Water  Department. — George  U.Porter, 
vice  James  L.  McLane,  resigned  January  8th,  1875. 

Page  504^.— Park  Commissiona'. —Chuvlea  H.  Mercer,  vice  Jas.  Webb, 
deceased. 


THE   FOKTY-FOUKTH   COKGKESS. 


659 


FORTY-FOURTH  CONGRESS. 

[Commencing  March  4th,  1875.] 


LIST  OF   MEMBERS  OF   THE   SENATE   AND   THE    HOUSE 
OF  REPRESENTATIVES. 

Republicans  in  Roman,  43  ;  Democrats  in  Italics,  27;  Indepen- 
dents in  Small  Caps,  3  ;  Vacant,  1. 

[The  flgurea  denote  the  expiration  of  the  Term  of  Senators.] 

THE  SENATE. 

Vice-President  Henry  Wilson,  of  Mass.,  President. 


ALABAMA. 

Oeorge  Ooldthwaite 1877 

George  E.  Spencer 1879 

ARKANSAS. 

Powell  Clayton 1877 

Stephen  W.  Dorsey 1879 

CALIFORNIA. 

Aaron  A.  Sargent 1879 

Newton  Booth 1881 

connecticut. 

Orris  S.Ferry 1879 

Wm.  W.  Eaton 1881 

DELAWARE. 

Eli  Saulsbury 1877 

Thanias  F.  Bayard 1881 

FLORIDA. 

Simon  B.  Conover 1879 

Chas.  W.  Jones 1881 

GEORGIA. 

Thomas  M.  Norwood 1877 

John  B.  Gordon 1879 

ILLINOIS. 

John  A.  Logan 1877 

Richard  J.  Oglesby 1879 

INDIANA. 

Oliver  p.  Morton 1879 

Joseph  E.  McDonald 1881 

IOWA. 

George  G.  Wridit 1877 

Wiliram  B.  Allison 1879 

KANSAS. 

James  M.  Harvey 1877 

John  J.  Ingalls 1879 


KENTUCKY. 

John  W.  Stevens 1877 

Th&mas  C.  McCreery 1879 

LOUISIANA 

J.  Rodman  West 1877 

[Vacancy.] 

MAINE. 

Lot  M.Morrill 1879 

Hannibal  Hamlin 1881 

MARYLAND. 

George  R.  Dennis 1879 

Wm.  Pinkney  Whyte 1881 

MASSACHUSETTS. 

George  S.  Boutwell 1877 

Henry  L.  Dawes 1881 

MICHIGAN. 

Thomas  W.  Ferry 1877 

L  P.  Christiancy 1881 

MINNESOTA. 

William  Windom   1877 

Sauil.  J.  R.  McMillan 1881 

MISSISSIPPI. 

James  L.  Alcorn 1877 

Branch  K.  Bruce 1881 

MISSOURI. 

Lexcis  V.  Bogy 1879 

F.  M.  Cockrell 1881 

NEBRASKA. 

Phineas  W.  Hitchcock 1877 

A.  S.  Paddock 1881 

NEVADA. 

John  P.  Jones 1879 

Wm.  Sharon 1881 


660 


THE   FORTY-FOURTH   CONGRESS. 


NEW  HAMPSHIRE. 

Aaron  H.  Cragin 1877 

Bainbridge  Wadleigh 1879 

^EW   JERSEY. 

F.  T.  Freliiiirhuvsen 1877 

Theodore  F.  Randolph 1881 

NEW  YORK. 

Enscoe  Cnnkling 1879 

Francis  Kernan 1881 

KORTH  CAROLINA. 

Matthew  \V.  Ranmm 1877 

Augustus  S.  Merrimon 1879 

OHIO. 

John  Sherman 1879 

Allen  G.  Thurman 1881 

OREGON. 

James  K.  Kelly 1877 

John  H.  Mitchell 1879 

PENNSYLVANIA. 

Simon  Cameron 1879 

M'm.  A.  Wallace 1881 

RHODE  ISLAND. 

Henry  B.  Anthony 1877 

Ambrose  E.  Burnside 1881 


SOUTH  CAROLINA. 

Thos.  J.  Robertson 1877 

John  J.  Patterson 1879 

TENNESSEE. 

Henry  Cooper  1877 

Andrew  Johnson  .  • 1881 

TEXAS. 

Morgan  C.  Hamilton 1877 

Samuel  C.  IJaxey 1881 

VERMONT. 

Justin  S.  Morrill 1879 

Geo.  F.  Edmunds 1881 

VIRGINIA. 

John  W.  Johnston 1877 

Robert  E.  Withers 1881 

V/EST  VIRGINIA. 

Henry  G.  Davis 1877 

Allen  T.  Gaperton  1881 

WISCONSIN. 

Timothy  O.  Howe 1877 

Angus  Cameron 1881 


[See  Page  625  for  Officers  of  the  Senate.] 


Every  seat  is  filled  except  one  from  Louisiana,  for  which  Pinchback 
and  McMillan  are  contestants.  In  the  House  there  are  eiirhtcen  vacan- 
cies, four  of  which  are  in  States  that  have  no  election,  lour  of  vacan- 
cies caused  by  death. 

Summary. — Forty-third  Congress. — rjcjniljlicans,  49;  Democrats,  20; 
Independents,  4  ;  Vacancy,  1.  Forty-foiut'i  Congress. — Reiiublicans, 
43;  Democrats,  27;  Independents,  3 ;  Vacant,  1. 


THK   FORTY-FOURTU   CONGRESS. 


661 


HOUSE   OP  REPRESENTATIVES. 


Republicans  in  Roman,  104  ;  Democrats  in  Italics,  171 ;  Independents 
in  Small  Caps,  6.  There  are  10  to  elect  by  States,  and  4  to  fill 
vacancies  caused  by  death.  The  asterisk  (*)  indicates  members  of 
the  ijrevious  Congress  re-elected ;  the  (c)  stands  for  colored. 

Wm.  IT.  Fellon. 


ALABAMA. 

At  Large — Burwell  B.  Lewis. 
Wm.  H.  Forney. 

1.  Jerry  Haralson. 

2.  Jerry  N.  Williaim. 

3.  Paul  Bradford. 

4.  *Cli!irles  Hays. 

5.  *John  II.  CaldweU. 

6.  Goldsmith  W.  Hewitt. 

ARKANSAS. 

1.  Lncien  G.  Gause. 

2.  Wm.  P.  Slemons. 

3.  Wm.  W.  Wiltshire. 

4.  *  Thomas  M.  Gunter. 

CALIFORNIA. 

[Elects  four  Representatives  in 

1875.1 


CONNECTICUT. 

1.  George  M.  Lander's. 

2.  James  Phelps. 

3.  B.  H.  Starkweather. 

4.  Wm.  H.  Barnum. 

DELAWARE. 

1.  James  Williams. 

FLORIDA. 

1.  *William  J.  Purman. 

2.  *Josiah  T.  Walls,  (c) 

GEORGIA. 

1.  Julian  Hartridge. 

2.  Wm.  E.  Smith. 

3.  *  Philip  Cook. 

4.  *  Henry  B.  Harris. 

5.  Milton  A.  Candler. 

6.  *Jatnes  H.  Blount. 


8.  *  Alexander  H.  Stephens. 

9.  [Vacant  by  death.] 

ILLINOIS. 

1.  Barney  G.  Cauljield. 

2.  Carter  H.  Harrison. 

3.  *Charles  B.  Farwell. 

4.  *Stephen  A.  Hurlbut. 

5.  *Horatio  C.  B  orchard. 
G.  Thos.  J.  Henderson. 

7.  Alexander  Campbell. 

8.  *Greenbury  L.  Fort. 

9.  Richard  11. 

10.  John  C.  Bagby. 

11.  Scott  Wise. 

12.  Wm.  M.  Sprinoer. 

13.  Adlia  E.  Stevenson. 

14.  *Jo8eph  G.  Cannon. 

15.  *John  R.  Eden. 

16.  Wm.  A.  J.  Sparks. 

17.  *  Wm.  li.  Morrison. 

18.  Wm.  Ilarisell. 

19.  Wm.  B.  Anderson. 


AYhiting. 


INDIANA. 

Benoni  8.  Fuller. 
James  B.  Williams. 

3.  *Michael  C.  Kerr. 

4.  Jeptlia  D.  New. 
*  Wm.  S.  Holman. 
Miltcm  S.  Robinson. 
Franklin  Landers. 
*Morton  C.  Hunter. 
Thomas  J.  Cuson. 

Wm.  S.  Haymond. 
James  L.  Evans. 

12.  Andrew  H.  Hamilton. 

13.  John  H.  Baker. 


1. 
2. 


'o. 

G. 

I . 

8. 

9. 
10. 
11. 


IOWA. 

1.  *Geo.  W.  McCrary. 

2.  John  Q.  Tufts. 


6'J3 


THE    FORTY-FOURTH   CONGRESS. 


^.  L.  L.  Ainsworth. 

4.  *Hemy  O.  Pratt. 

5.  *James  AVilson. 

6.  Ezekiel  S.  Sampson. 

7.  *.John  A.  Kasson. 

8.  *James  W.  McDill. 

9.  Addison  Oliver. 

KANSAS 

1.  *Wm.  A.  Phillips. 

2.  Jno.  B.  Goodin. 

3.  *\Vni.  B.  Brown. 

KENTUCKY. 

1.  A.  R.  Boone. 

2.  *John  Y.  Brown. 

3.  "^  Charles  W.  Millihin. 

4.  */.  Proctor  Knott. 

5.  Edward  Y.  Parsons. 

6.  Thomas  L.  Jones. 

7.  J.  C.  8.  Blackburn. 
8.-  *Milton  J.  'Durham. 
9.  John  D.  White. 

10.  John  B.  Clarke. 

LOUISIANA. 

1.  Randall  L.  Gibson. 

2.  E.  John  Ellis. 

3.  ^Chester  B.  Darrall. 

4.  Wm.  If.  Levy. 

5.  *Frank  Morey. 

6.  Charles  E.  Nash,  (c) 

MAINE. 

1.  *J  ohn  H.  Burleigh. 

2.  *\Ym.  P.  Frye. 

3.  *.Iaaies  G.  Blaine. 

4.  [Vacant  by  death.] 

5.  *Eiigene  Hale. 

MARYLAND. 

1.  Philip  F.  Thomas. 

2.  Charles  B.  Roberts. 

3.  *  Wm.  J.  O'Brien. 

4.  *  Thomas  Sicann. 

5.  Eli  J.  Henkle. 
G.  Wm.  Walsh. 

MASSACHUSETTS 

1.  [Vacant  by  death.] 

2.  *Benjaniin  W.  Harris. 

3.  *Henrv  L.  Pierce. 

4.  Rufus's.  Frost. 

5.  Nath.  p.  Banks. 


6.  Charles  P.  Thompson. 

7.  John  K.  Tarbox. 

8.  ^^m.  Tl'.  Warren. 

9.  *George  F.  Hoar. 

10.  Julius  H.  Seelye. 

11.  Chester  W.  Chapin. 

MICHIGAN. 

1.  Alpheus  8.  Williams. 

2.  ~Henry  Waldron. 

3.  "George  Willard. 

4.  Allen  Potter. 

5.  *William  B.  Williams. 

6.  George  H.  Bur  and. 

7.  "^Omar  D.  Conger. 

8.  '^Nathan  B.  Bradlev. 

9.  Jay  A.  Hubbell. 

MINNESOTA. 

1.  ''Mark  H.  Bunnell. 

2.  *Horace  B.  Strait. 

3.  Wm.  S.  King. 

MISSISSIPPI. 

[Elects  six  members  in  Novem- 
ber 1875.] 


MISSOUHI. 

1.  Edward  C.  Kehr. 

2.  *Erastus  Welb. 

3.  *  Wm.  H.  8tone. 

4.  "^ Robert  A.  Hatcher. 

5.  ^Richard  P.  Bland. 

6.  Charles  H.  Mm'gan, 

7.  John  F.  Phillips. 

8.  Benjamin  F.  FranMin. 
I    9.  David  Rea. 

1 10.  i?.  .4.  DeBolt. 

ill.  *John  B.  Clarice,  Jr. 

12.  *John  M.  Gloter. 

13.  Aylett'H.  Ruckner. 

NEBRASKA. 

1.  Lorenzo  Crounse. 

NEVADA. 

1,  Wm.  Woodbum. 


THE   FORTY-POURXn   CONGRESS. 


663 


1. 

2. 
3. 


NEW   HAMPSHIRE 

-  Jonea. 

-  Bell. 

-  Blair. 


NEW  JERSEY 

1.  C.  H.  Sinnickson. 

2.  *Sanuiel  A.  Dobbins. 

3.  Mile%  Ross. 

4.  *Rohert  Hamilton. 

5.  Augustus  W.  Cutler. 

6.  Frederick  H.  Teese. 

7.  Aug.  A.  Hardenherg. 

NEW  YORK. 

1.  Henry  B.  Metcalfe. 

2.  *John  O.  Schumaker. 

3.  Sim.  B.  Chittenden. 

4.  Archibald  M.  Bliss. 

5.  Edwin  B.  Meade. 

6.  *Samuel  S.  Cox. 

7.  Smith  Ely,  Jr. 

8.  Elijah  Ward. 

J).  *Fernando  Wood. 

10.  Ah-am  S.  Hewitt. 

11.  Benjamin  S.  Willie, 

12.  i\^.  Holmes  Odell. 

13.  *J.  G.  Whitehouse. 

14.  George  M.  Beebe. 

15.  John  H.  Bagley,  Jr. 

16.  Charles  H.  Adams. 

17.  Martin  I.  Townsend. 

18.  Andrew  Williams. 

19.  *Wm.  A.  Wheeler. 

20.  *Henry  H.  Hathorn. 

21.  Samuel  F.  Miller. 

22.  George  A.  Bagley. 

23.  Scott  Lord. 

24.  William  H.  Baker. 

25.  E.  W.  Leavenworth. 

26.  *C.  D.  McDougall. 

27.  Elbridge  G.  Lapham. 

28.  *Thomas  C.  Piatt. 

29.  Chas.  C.  B.  Walker. 

30.  Jno.  M.  Davy. 

31.  *George  G.  Hoskins. 

32.  *Lyman  K.  Bass. 

33.  [Vacant  by  death.] 

•     NORTH   CAROLINA. 

1.  Jesse  J.  Teates. 

2.  John  A.  Hyman.  (c) 

3.  *  Alfred  M.  Waddell. 


4.  Joseph  J.  Davis. 

5.  Alfred  M.  Scales. 

6.  *  Thomas  8.  Ashe. 

7.  *  Wm.  M.  Bobbins. 

8.  "'Robert  B.  Vance. 

RHODE   ISLAND. 

1.  *Benjarain  T.  Eames. 

2.  Latimer  W.  Ballou. 

SOUTH   CAROLINA. 

1.  ^'Joseph  H.  Rainey.  (c) 

2.  E.  W.  M.  Mackey. 

3.  Solomon  L.  Hoge. 

4.  °Alex.  S.  Wallace. 

5.  Reuben  Smalls,  (c) 

OHIO. 

1.  Milton  Sayler. 

2.  *Henry  B.  Banning. 

3.  John  S.  Savage. 

4.  John  A.  McMahon. 

5.  "Americus  V.  Rice, 

6.  Frank  H.  Hard. 

7.  ''^Lawrence  T.  Neal. 

8.  **Williara  Lawrence. 

9.  E.  F.  Poppleton. 

10.  "Charles  Foster. 

11.  Jno.  L.  Vance. 

12.  Ansel  T.  Walling. 

13.  '^'M.  I.  Southard. 

14.  John  P.  Coican. 

15.  N.  H.  Van  Vorhees. 

16.  *^Lorenz()  Danforth. 

17.  *^L.  D.  Woodworth. 

18.  '•'James  Monroe. 

19.  *James  A.  Garfield. 

20.  Henry  B.  Patjne. 

OREGON. 

1.  George  A.  La  Dow. 

PENNSYLVANIA. 

1.  Chapman  Freeman. 

2.  ^Charles  O'Neill. 

3.  *  Samuel  J.  Randall. 

4.  «Wiliiam  D.  Kelly. 

5.  Jofni  Bobbins. 

6.  '■'Wash.  Townsend.   • 

7.  Alan  Wood,  Jr. 

8.  Heister  Clymer. 

9.  -A.  Herr  Smith 

10.  Wm,.  Mutchler. 


664 


THE   FORTY-FOURTU   CONGRESS. 


11.  Francis  I).  Collins. 

12.  Winth'p  W.  Ketcham. 

13.  James  B.  Reilly. 

14.  *-Jno.  B.  Packer. 

15.  Joseph  Powell. 
1(3.  *S(ibieski  Ross. 

17.  John  Reilly. 

18.  W'm.  S.  8te7iger. 

19.  Levi  Maish. 

30.  Levi  A.  Mackey.  ■ 

21.  Jacoh  Turney. 

22.  James  H  Ilopkins. 

23.  Alex.  G.  Cochran. 

24.  John  W.  Wallace. 

25.  George  A.  Jenks. 
2G.  James  Sheakley. 
27.  Albert  G.  Egbert. 

TENNESSEE. 

1.  Wm.  MeFarland. 

2.  Jac.  M.  Thornburgh. 

3.  George  G.  Lihrett. 

4.  Samuel  M.  Fite. 

5.  *Joh7i  M.  Bright. 

6.  Jolin  F.  House. 
l.'^Wash.  C.  Whitthorne. 

8.  *Joh7i  D.  G.  Atkins. 

9.  Wm.  P.  Caldwell. 
10.  H.  Casey  Young. 

TEXAS. 

1.  John  II.  Reagan. 

2.  David  B.  Culberson. 


3.  J.  W.  Thruclcmorton. 

4.  *  Roger  Q.  Mills. 

5.  *John  Hancock. 

6.  Gustave  Schleicher. 

VERMONT. 

1.  Charles  H.  Joyce. 

2.  Dudley  C.  Denison. 

3.  *George  H.  Hendee. 

VmCxINIA. 

1.  B.  B.  Douglass. 

2.  John  G.  Goode,  Jr. 
S.  G.  C.  Walker. 

4.  Wm  H.  H.  Stowcll. 

5.  George  C.  Cabell. 

6.  Joh7i  R.  Tucker. 

7.  John  7\  Harris. 

8.  *Eppa  Hunton. 

9.  Wm.  Terry. 

WEST    VIRGINIA. 

1.  Benja7nin  Wilso7i. 

2.  Chas.  J.  Faulkner. 
3  *F7'ank  He7-eford. 

WISCONSIN. 

1.  *Charle8  G.  Williams. 

2.  Lucien  B.  Caswell. 

3.  Henry  S.  Magonn. 

4.  W7n.  Pitt  Linde. 

5.  Sa7nuel  D.  Burchard. 

6.  Alanson  M.  Kimball. 
7"  *Jeremiah  M.  Rusk. 
8.  George  W.  Gate. 


TERRITORIAL   DELEGATES. 


Arizona Hiram  S.  Stevens. 

Colorado Thomas  M.  Patterson. 

Dakota .Jefferson  P.  Kidder. 

Ihaiio Thomas  W.  Bennett. 

Montana *Md7'tin  Maginnis. 

New,  Mexico [Elects  in  September.] 

Utah George  Q.  Cannon. 

Washington Orange  .Jacobs. 

WyoMiNn *  Wm.  R.  Steele. 


i 


I 


THE   FORTY-FOURTH    COrCRESS.  G65 

CONTESTED   SEATS    IN    THE    HOUSE. 
STATE.  SEAT.  CONTESTED  BY. 

xVlabama Harrison F.  I).  Bromherg. 

Alabama Williams J:imes  T.  Rapier.  (<•) 

Alabama Hays James  T.  Jones. 

Florida Purman John  A.  Henderson 

Florida Walls,  (c) Jesse  J.  Finle>/. 

Georgia Ilartbridge John  E.  Bryant. 

Georgia. Smith K.  H.  Whiteley. 

Illinois .. Farwell John  V.  Le  Moyne. 

Illinois Whiting Leonard  F.  Ross. 

Indiana Hunter Harrison  J.  Rice. 

Indiana Baker Freeman  Kelli/. 

Kentucky White Harrison  Cockrill. 

Louisiana Morey Wm.  B.  Spencer. 

]\Iaryland Wahh Lloyd  Lowndes. 

Massachusetts Frost Josiah  G.  Abbott. 

Minnesota Strait E.  St.  Julien  Cox. 

Pennsylvania. . ....  . .  Freeman I'hos.  B.  Florence. 

Pennsylvania Egbert Carlton  B.  Curtis. 

South  Carolina Hoge Benj.  H.  McGowan. 

South  Carolina Wallace Joseph  B.  Kershaw. 

Virginia Ooode Jas.  H.  Piatt,  Jr. 


THE  BALTIMORE  CITY  OFPICEIIS. 
L■::^TDEIi  the  municipal  government. 

[Corrected  to  April,  1875.] 

[See  Baltimore  City  Government,  images- 401  to  459.] 

MAYOK    OF    BALTIMORE. 

Hon.  Joshua  Vansant. 

[Re-elected  October,  1873,  for  two  years.] 

Secretary  to  the  Mayoralty.— John  M.  McElroy. 
Clerk  to  ths  Mayor. — Andrew  J.  King. 
City  Counsellor. — I.  Nevitt  Steele. 
City  Solicitor. — Albert  Ritchie. 
Mayofs  Detective. — Beverly  Diggs. 


THE     CITY    COUNCIL, 

FIRST    BRANCH. 
President. — Hon.  Otis  Keilholtz. 


Wards. 

1.  Andrew  F.  Scliroeder. 

2.  Henry  Cashmyer. 

3.  Edward  W.  Bennett,  Sr. 

4.  §C.  W.  Lewis. 

5.  James  Sajjp. 
§.John  L.  Baker. 
Thomas  A.  Onion. 
Thomas  P.  Kernan. 
^Ym.  E.  Stewart. 
§Warfield  T.  Browning. 


G. 
7. 
8. 
9. 
10. 


Wards. 

11.  H.  Rnzier  Dulaney. 

12.  §.Joseph  S.  Heuisler. 

13.  §Otid  Keilholtz. 

14.  James  C.  Randall. 

15.  Dr.  M.  W.  Donavin. 

16.  Jos.  McCauley. 

17.  John  Fitzj^atrick. 

18.  Jno.  S.  Bullock. 

19.  Wm.  AV.  Orndorff. 

20.  §Dr.  Charles  W.  Chancellor. 


§  Re-elected. 

Officers  of  the  First  Branch. 

Chief  Clerh.—A.  V.  Milholland, 
Assistant  Clerk. — J.  Frank  Brady. 
General  Committee  Clerk. — Allen  E.  Forrester. 
Senjeant-at-arms.  — James  Stanton. 
Paye. — Daniel  Barr. 

Doorkeepers. — W.  H.  Hamilton,  3rd  Ward,  and  James  Dorsev,  10th 
Ward. 

666 


BALTIMORE   CITY  OFFICERS.  GG7 


SECOND    BRANCH. 
President. — Hon.  Henry  Seim. 
Wards.  Wards. 


1  and  2.  Charles  Streei^cr. 
3  and  4.  John  K.  Carroll. 
5  and  6.  §Wni.  H.  Bolton. 
7  and  8.  Gcorgo  Rinehart. 
9  and  10.  Henry  Seim. 


11  and  12.  Henry  D.  Loney. 
i;^  and  14.  J  no.  S.Hogg. 
15  and  1<5.  Wm.  J.  Murray. 
17  and  IS.  Cluirles  A.  Wheeler. 
19  and  20.  George  A.  Kirk. 


§  Elected  in  March  1875  to  till  a  vacancy. 

Officers  of  the  Second  Branch. 

Chief  Cleric. — Joseph  J.  Grindall. 

AssiMant  Clerk. — E.  J.  Eil wards. 

Committee  Clerk. — George  T.  Bedtl,  Jr. 

Sergeant-at-Arms. —  Joseph  W.  Wallace. 

Doorkeepers. — John  M-ihan,  9th  Ward,  and  one  vacancy. 

Page.— J).  H.  Berry. 

The  pay  of  the  officers  of  both  branches  is  fixed  at  every  session. 
For  the  present  session  the  compensation  is  as  follows  :  Chief  Clerks, 
$.';.00  per  day  ;  Reading  Clerks,  $4.00  per  day.  The  salary  of  t hi- 
Bergeants-at-arms  and  Doorkeepers  is  $4.00  per  day  when  in  sessio)!. 
ami  !^2.00  per  day  when  the  City  Council  is  not  in  session,  nuikiu^; 
§970  i)er  year.     The  session  is  limited  to  120  days. 


FINANCIAL    OFFICERS. 

City  Comptroller's  Office. 

City  Comptroller. — Samuel  Maccubbin. 
Chief  Clerk  to  Comptroller.—^.  S.  Mills,  Jr. 
Aasistant  Clerk. — Charles  W.  Woodward. 

City  Register's  Office. 

City  Register. — John  A.  Robb. 
D"pv1y  Register  and  Cashier.S.  Turner  Duvall. 
C'iief  Clerk  Register's  Office.— J.  Sewell  Thomas. 
Assistant  Clerk  Register's  Office.— W.  C.  Martin. 
Transfer  Clerk  Register's  Office. — G.  M.  Gorton. 

City  Collector's  Office. 

Tax  Department.  ' 

City  Collector.— James  M.  Anderson. 

Deputii  Collector. — J.  T.  M.  Barnes. 

Crt.s/;/«-.— Uichard  G.  Duckett. 

Assistant  Cashier.— Cla-ph-.im  Murray. 

Bookkeeper. — Joshua  B.  Williams. 

Anslst.'int  Bookkeeper.— FyqAqx-xcW  S.  Hipkins. 

Clerks. — George  C.  Payne,  James  K.  Harwood,  A.  B.  Upshur,  Thos, 
Carroll,  August  Wagner,  Charles  Schwartzhaupt,  Clifford  C.  Ander- 
son, Michael  P.  Caughy,  Henry  A.  Seim,  Frank  Nicholson,  salary, 
each  $1300. 


668  BALTIMORE  CITY  ovyicvins. 

Bailiffs  and  Assessors. — John  R.  Wright,  William  TlandMll,  Snmnfl 
E.  Witters,.  Henry  M.  Adler,  Josei)h  V.  Baxter,  Geo.  W.  Bauks,  Geo. 
A.  Rea,  John  M.  Mills,  John  M.  Travers,  Isaac  S.  Sanner,  John  B. 
Garvey,  John  R.  Diggs,  James  H.  McFarland,  Joseph  H.  Krager. 

Commissioners  of  Finance. — Joshua  Vansant,  Chairman;  R.  T.  Bald- 
win, Charles  J.  Baker. 

Judges  of  Appeal  Tax  Court. — Edward  A.  Gibbs,  BealeH.  Richard- 
son, Wm.  J.King,  Assessor,  Hhos.  Gififord.  Glerh,  H.  P.  Mowmkle. 
Assistant    Clerh,  D.  A.  Fenton. 

City  Lih-arian. — John  S.  Brown. 

Agent  of  Baltimore  city  fer  the  Deaf  and  Dumb  Institute  of  Maryland. 
Wm.  R.  Barry. 

STREETS. 

City  Commissioner. — John  H.  Tegraeyer. 

Assistant  City  Commissioner. — Richard  H.  Johns.     Clerh.,  J.  E.  Toole. 

Commissioners  for  Opening  Streets. — Isaac  Cox,  John  T.  Piquett, 
James  S.  Morrow.     Clerk,  Robert  Green. 

Superintendents  of  5«?-ee<s.— 1st  District,  Patrick  Kelly;  2d,  John  H. 
Coulter;  3d,  Jas.  McNally ;  4th,  Louis  Kraeger;  5th,  Henry  Lancaster. 

WATER     DEPARTMENT.' 

Board  of  Commissioners. — Joshua  Vansant,  Chairman;  John  R. 
SeemuUcr,  Secretary;  Geo.  P.  Thomas,  Geo.  U.  Porter,  Thomas  Bona, 
John  F.  Hunter,  Thos.  W.  Hall,  Jr. 

Officers. — Engineer,  James  Curran;  Civil  Engineer,  Robert  K. 
Martin;  Water  Registrar,  William  L.  Sharretts;  Cashier,  Alex.  K. 
Mantz;  General  Bookkeeper,  Wm.  F.  Sinclair  ;  Clerks,  James  «.  En- li- 
l)er<rer,  Samuel  W.  Thomas,  George  W.  Sharretts  ;  Engineer's  Clerk. 
Richard  D.  Murphy;  Collectors,  John  T.  Barton,  Benjamin  Price ; 
Hydrant  Inspector.— George  W.  Einmerick  ;   Watchman,  Thos.  Ashtou. 

HEALTH    DEPARTMENT. 

Commissioner  of  Health. — James  A.  Stewart,  M.  D. 
Assistant  Commissioner  of  Health. — A.  D.  Smyrk. 
Physician  to  Marine  Hospital— Wm.  F.  Stewart,  M.  D. 
Secretary  to  Board  of  Health. — Isaac  W.  Mohler. 
Clerks.— W.  H.  Bosley,  V.  Burgess  Hines. 
Messenger. — Montgomery  Lawrence. 

Sanitary  Inspectors.— Geovge  E.  Taylor,  Robert  Jackson,  Peter 
Lyons,  William  Carroll,  E.  Weinman. 

Vacci-ne   Physicians. 


Wards. 

Wards. 

1st  and    2d 

Dr. 

M.  J.  Gately. 

11th  and  12th 

Dr. 

J.E.P.Boulden 

3d  and    4th 

(( 

G.  L.  Wilkins. 

13th  and  14th 

t( 

Jas.  A.  Gillis, 

5tli  and    6th 

(( 

E.  J.  Walls. 

15th  and  l(5th 

t( 

S    A.  Ik'll. 

7th  and    8th 

i( 

D.  C.  Ireland. 

17th  and  18th 

u 

W.  G.  He!,M>;ter 

9th  and  10th 

i( 

G.  B.  Reynolds. 

19th  and  20th 

i; 

J.   E.  GJbbu•i:^ 

BALTIMORE   CITY  OFFICERS.  669 


EDUCATION. 


Commissioners  of  PuUic  Schools: — John  T.  Morris,  President. 


Wards. 

1st George  "W.  Thompson. 

3d George  L.  Ilarael. 

8d    Willmm  C.  Atkinson. 

4t]i Dr.  Thomas  Kelly. 

5th William  M.  Ives. 

6th AVashington  Kelly. 

7th Robert  H.  Sinclair. 

8th James  Boyle. 

•9th A.  L.  Spear. 

10th John  T.  Morris. 


W.irclp. 

nth John  P.  Pop. 

12th Thomas  J.  JIagruder. 

i;3th Jolin  L.  L.iwtim. 

14th G.  S.  Grimtii. 

15th JohnForrv. 

IGth Dr.  John  W.  Brown. 

17th H.  B.  Roemor. 

ISth Cliristian  Emmerich. 

19th Philip  M.  Siiowden. 

20th Brice  H.  Ilobbs. 


Svperintmdent. — William  R.  Creery. 
Assista?}t  Superintendent. — Bernard  C.  Reed. 
Secretary. — II.  M.  Cowles. 


BALTIMORE     CITY     JAIL. 

Board  of  Visitors. — Charles  Webb,  M.  S.  Hess,  John  I.  Bennett, 
Isaac  S.  George,  B.  L.  Harig. 

Warden. — James  II.  Irwin. 

Cleric— \Ym.  H.  H.  Turner. 

Physician. — Jacob  W.  Houck. 

Deputy  Wardens. — Jno.  F.  Carter, Greenbury  Wilson,  William  How- 
ard, Charles  Hergesheimcr,  Charles  Carroll,  W.  H.  Cross,  T.  B.  Saun- 
ders, Robert  Ireland,  John  B.  Heaps. 

Chief  Engineer. — Wm.  H.  JMiller. 

A-fnistarit  Engmeer. — James  Robinson. 

Baker. — George  Tenst. 

Matron. — Elizabeth  Deiter. 

Gardener. — James  Miller. 


PARK     COMMISSIONERS. 

Joshua  Vansant,  Chairman. 
Thomas   Swann,   William  E.  Hooper,   John  H.  B.   Latrobe,  Louis 
McLane,  Charles  H.  Mercer. 
Clerk. — D.  Rayhice. 


BATVIEW     ASYLUM. 

Tmstees  of  Almshouse. — Henry   Snyder,   President;  Jos.   Clarkson, 
Jos.  Friedcnwald,  Thomas  White,  Joshua  H.  Atkinson. 

Viaiting  Phi/sicians. — George  G.  Farnandis,  Wm.  H.  Diflenderfer. 

Superintendent. — Capt.  John  Mitchell. 

Agent  or  Purveyor. — William  II.  Hiss. 

Apothecary.  —  .].  Turner  Bartlett. 

Farmer. — Benjamin  F.  Sapp. 

Clerk. — James  F.  Bayly. 

Chief  Engineer. — Daul.  Bell.     Assistant  Engineer. — William  Kaiser. 

Baker. — Ciiarles  Jones. 

Messenger.    -J.  Wesley  Sapp. 

Matron.     Marv  Miller. 


670  BALTIMORE   CITY   OFFICERS. 

WARD    MANAGERS    OF    THE    POOR. 

1st  "Ward,  John  Maxwell ;  2fl,  John  Cloke  ;  3d,  Richard  C.  Kemp; 
4th,  Abraham  Rosetifeld;  5th,  Mathew  Clark;  6th,  M.  McClintock; 
7th,  E.D.  Onion;  8th,  Thos.Kernan  ;  9th,  W.H.  Griffith  ;  10th,  Thos. 
G.  Morrow;  11th,  Henry  Snyder,  Jr. ;  13th,  Dennis  Kirby;  13th, 
Wm.  Keilholtz;  14th,  Hiram  Spicer;  15th,  F.  Hassenkamp  ;  Ifith, 
Peter  Hines;  17th,  Henry  Dickena;  18th,  F.  McCurley  ;  19th,  Geo. 
A.Smith;  20th,  Benjamin  Horn. 

SUPERINTENDENTS    OF    CHIMNEY   SWEEPS. 

1st  District,  Charles  A.  Byrne ;  2d,  Henry  Weitzell ;  3d,  T.  D: 
Kugermore;  4th,  James  R.  Collison ;  5th,  Stanislaus  Farrall;  6th, 
Joseph  Anker ;  7th,  John  H.  Bradekamp ;  8th,  George  W.  Ruckle ; 
9th,  Wm.  H.  Ferine;  10th,  Edward  Wells  ;  11th,  George  Bucheimer. 


THE    HARBOR,    &c. 

Commissioners  for  Deepening  ami  Improving  the  Chesapeake  Bay  and 
Patapsco  River. — Joshua  Vansant,  Chairman  ;  D.  Mordecai,  Robert  R. 
Kirkland,  J.  Strieker  Jenkins,  Wm.  H.  Skinner,  Malcolm  Crighton, 
James  B.  Andrews,  Capt.  Daniel  Constantine. 

Port  Warden. — Capt.  Daniel  Constantine;  Cleric,  James  H.  McNeal. 

Commissioners  of  the  Patapsco  River  Improvement  Board. — Joshua 
Vansant,  JohnW.  Garrett,  J.  Hall  Pleasants. 

Ilarlor  Masters. — 1st  District,  John  Black ;  2d,  William  Costigan ; 
8d,  Fayette  Plummer  ;  4th,  Moses  Griest ;  5th,  James  Donnelly. 


INSPECTORS  AND  COMMISSIONERS. 

Inspectors  of  Weights  and  Measures. — Eastern  District,  Samuel  R. 
Kirby.     Western  District,  Geo.  A.  Freburger. 

Inspector  of  Long  and  Dry  Measures. — James  Miller. 

Inspector  of  Illuminating  Gas. — Professor  W.  E.  A.  Aikin. 

Inspector  and  Sealer  of  Oas  Meters. — F.  W.  King. 

Inspector  of  Charcoal. — Jacob  Groh. 

Commissioners  of  Franklin  Square. — Dr.  Edward  Schwartze,  Dr.  D. 
B.  McLaughlin,  Joseph  H.  McGee. 

Commissioners  of  Union  Square. — W.  A.  Boyd,  Jr  ,  Wm.  H.  Mantz, 
Robert  M.  Jones. 

Commissioners  of  Lafayette  Square. — Fielder  C.  Slingluff,  William 
J.  Davidson,  Dr.  Silas  Baldwin. 

Commissioners  of  Eutaw  Place. — William  Woodward,  Charles  E. 
Phelps,  W.  W.  Frush. 

Commissioners  of  Madison  Square. — John  D.  Boon,  Jr.,  Samuel  W. 
Register,  A.  P.  Caldwell. 

Commissionei-s  of  Harlem  Square. — R.  Stewart  Latrobe,  Charles  F. 
Crane,  A.  B.  Patterson. 

Commissioners  of  Battery  Square. — Lewis  Ehlers,  Michael  Ci'.llen, 
George  Yeagle. 

Commissioners  of  Eastern  City  Spring. — William  H.  Small,  Wm. 
McWilliams,  Capt.  John  F.  LeBrou. 


BALTIMOllE    CITY    OFFICERS.  671 

Commusioners  of  Broadway  Squares.— W &sh\nsion  Kelly  E  P  Vin- 
cent, Isaac  W.  Mohler.  j>     •     • 

Commmioners  of  Perkins   Sprinr;.— Joseph   Harris,  F.  J.  Wilhelm 
Edward  M.  Kirkland.  ' 


PUBLIC    BUILDINGS. 

Building  Committee  New  City  ZTaW.— Joshua  Vansant,  Ichabod  Jean 
Samuel  H.  Adams,  J,  Hall  Pleasants,  John  M.  CoUev. 
CZeri-.— Walter  J.  Smith. 
Architect. — George  A.  Frederick. 
Super intende}it. — John  J.  Purcell. 
Messenger. — Hugh  O'Brien. 

Inspector  of  Public  Buildings.— John  W.  Colley ;  Clerk,  Mortimer  S 
Watkins. 

Superintendent  of  Court  House,  Record  Office  and  Gfrounds.— Jackson 
Sheiry. 

Watchman  at  Court  House. — Michael  Murphy. 

Janitor  and  Messenger  ut  City  Hall— Cyrus  Sinclair. 

Day  Watchman  at  City  Hall. — Cornelius  S.  Frazier. 

Night  Watchman  at  City  Hall— John  Schlerth. 

Janitor  of  Old  Masonic  Hall  Building.— John  T.  Gosnell. 

Watchman  at  Old  Masonic  Hall  Building.— 'M.&iihid.s  Spangler. 


MARKETS,    &c. 

Clerk  of  Centre  Market.— llanry  McGowan. . 

Assistant  Clerk, — James  H.  Hays. 

Clerk  of  Lexington  Market. — James  Kirk.'. 

Assistant  Glei-k. — Jesse  W.  Small. 

Clerk  of  Hanover  Market. — E.  W.  Albaugh, 

Clerk  of  Fells  Point  Market.— James  Essender,  Jr.' 

Clerk  of  Belair  Market. — Peter  M.  McDonald. 

Clerk  of  Richmond  Market. — John  "Wolf. 

Clerk  of  Hollins  Street  ifar/tc^.— William  McConnell. 

Clerk  of  Cross  Street  Market. — IMichael  Keaney. 

Clerk  of  Lafayette  3farket.— Thomas  Briddle. 

Keeper  of  Market  under  Maryland  Institute.— Bennett  A.  Williams 

Keeper  of  Eastern  Fountain.— John  Kennedy. 

Keeper  of  Madison  Square. — John  Guy  ton. 

Keeper  of  Union  Square. — George  Bond. 

Keeper  of  Lafayette  Square.— Banie]  Smith. 

Keeper  of  Battery  Square. — John  Fletcher. 

Keeper  of  Broadway  Squares. — Peter  Duffy, 

Keeper  of  Harlem  Square. — Edward  A.  Hahn. 

Keeper  of  Drawbridge. — Joseph  Files. 

Keeper  of  Washington  Monument. — John  Fenton. 

Keeper  of  Hall  over  Broadxoay  Market.— lsl\ehz.e\  P.  Gorman. 

Keeper  of  Calvert  Street  Spring.— Alexander  McDonald. 

Keeper  of  Franklin  Square. — John  Love. 

Keeper  of  Perkins  Spring. — Patrick  Brady. 


G73  BALTIMORE    CITY   OFFICERS. 

LAMPLIGHTERS. 

Lamplighters  for  the  Eastern  District. — J.  L.  Johnson,  Superintend- 
ent; James  Everist,  Isador  Eisman,  Isaac  Redgrave,  Michael  Kerch- 
iier,  Robert  Wells,  Jr.,  George  Wittinan,  George  Preller,  James  Scott, 
Patrick  Philbin,  Michael  Herr,  Jesse  Kent,  Henry  Ott,  John  Fritz, 
John  A.  Bowers.  John  S.  Marriott,  Charles  C.  Williams,  Patrick  Mc- 
Kiuley,  Edward  Davis,  Henry  Ogle,  Juo.  Hass,  Abraham  Singsheimer, 
Christian  Mohr,  Elias  Richter. 

Lamplighters  for  the  Middle  District. — Thos.  Arthur,  Superintendent ; 
Jonn  W.  Deshon,  John  H.  Nagel,  Presley  S.  Aubray,  George  W.  Ilall, 
James  McMannis,  Martin  Eagan,  Joseph  L.  Tall,  Nicholas  Cunning- 
ham, John  O'Brien,  Michael  Sloan,  John  Kelly,  David  Johnson,  John 
Moon,  James  Kidd,  Carl  Hudgins,  John  Sutherland,  James  Johnson, 
Benj.  Tall,  James  Tierney,  J.  F.  Colton,  Matthew  Nooney,  James  Con- 
noboy,  Thos.  F.  lUich,  James  Cairns,  Andrew  Kautz,  Peter  Mclutire, 
Owen  Burke,  Francis  Eagan,  Geo.  W.  Betts,  James  Start. 

Lamplighters  for  the  Western  District. — William  T.  Culver,  Superin 
tentlent;  Thomas  Wright,  Henry  Long,  Michael  Sullivan,  John  Don- 
doken,  Patrick  Loud,  Christojiher  Mozner,  Charles  C.  Pease,  Zach- 
uriah  Legoe,  Thomas  R.  Frizzle,  Edward  Schnur,  George  Cralt,  Wm. 
Gilleland,  James  Flynn,  Thomas  Rooney,  Alfred  Kuhn,  Edward 
Plummer,  Jacob  Shedel,  George  T.  Price,  M.  A.  Canton,  Patrick  Mad- 
den, Thomas  Clark,  Josej^h  Barkman,  Thos.  E.  Burgess,  John  Shanks, 
Anthony  Strausbaugh,  Andj-ew  Stirley. 

Lamplighters  for  the  Southern  District. — John  Kauderer,  Superintend- 
ent; Morris  Moser,  Wm.  Meeks,  Jr.,  Josejjh  S.  Walker,  John  Dickel, 
Albert  Shreck,  Michael  Hays,  Michael  Reagan,  Wm.  H.  Baker,  Levi 
Collins,  John  Longley,  David  Simmon,  John  Pensel,  Geo.  G.  Grohe, 
John  Oullahan,  John  V.  Eill)acker,  John  Corbitt,  John  F.  Peppel, 
Joseph  Richenberger,  Wm.  H.  Musgrave. 


JUSTICES    OF     THE  PEACE. 

[Appointed  by  the  Governor.] 
[Commissions  expire  first  Monday  in  May  1876.] 

1st  Ward,  Marcus  Ritgert,  E.  P.  Flaherty.  3d,  Henry  Cashmyer, 
B.  O.  Hatcheson.  3d,  John  T.  Farlow,L.  M.  Coleman.  4th,  John  T. 
Maddox,  Clarence  Peters.  5th,  Daniel  Hagerty,  Robert  W.  Hays. 
6th,  Henry  M.  Staylor,  Lloyd  Slemmer.  7th,  Wm.  S.  Murphy,  John 
T.  Gorsuch.  8th,  William  H.  Roberts,  William  H.  Bayzand.  9th, 
A.  Ballauf,  Joshua  M.  Myers.  10th,  W.  H.  Gill,  Charles  P.  Brewer. 
11th,  Thos.  J.  Welby,  Peter  Kreis.  13th,  David  H.  Lucchesi,  W.  H. 
Hayward.  13th,  Lewis  H.  Dammann,  George  W.  Bell.  14th,  Otto 
Benner,  George  McCaffray.  15th,  Samuel  Jarden,  George  J.  Kreis. 
16th,  Daniel  Bride,  James  E.  Stone.  17th,  Daniel  Piquett,  S.  C.  Tall. 
18th,  C.  A.  Wheeler,  Alex.  M.  Briscoe.  19th,  Edward  G.  Starr,  Robt. 
A.  Thursby.     30th,  George  V.  Metzel,  George  A.  Hennick. 

At  Large. — Joseph  Watson,  Upton  Scott,  Benj.  Eccleston,  H.  W. 
Snowden. 


BALTIMORE   CITY  OFFICERS. 


MAGISTRATES   OF   POLICE   STATIONS. 

Eastern  District. — Jno.  T.  Farlow.  Southern  District. — Geo  Kreis. 
Middle  District. — Daniel  Hagerty.    Western  District. — Clarence  Peters. 
J^orth- Western  District.— George  McCaffray. 


C  ONST  AB  LE  S. 

1st  Ward,  Horatio  P.  Wallace,  H.  P.  Rose.  2d,  Louis  Roll,  Wm.  J. 
Smith.  3d,  A.  P.  Maddox,  Martin  Gardner.  4th,  G.  Koffenberger, 
Wm.  J.  McLaiisrhlin.  5th,  Eucrene  Share,  Joseph  T.  Pearson.  6th, 
Christian  F.  Deiterly,  John  F.^Cook.  7th,  Wm.  F.  Eberwein,  Chap. 
C.  Quinn.  8th,  David  Dobler,  John  Dufly.  9th,  P.  F.  Dolan,  Wm. 
J.  Bowling.  10th,  S.  Gassaway  Watkins,  L.  H.  Weiman.  11th,  John 
W.  Nevin,  Andre'>v  Carriek.  12th,  Stephen  A.  Morse,  Wm.  H.  Hitch- 
cock. 13th,  George  W.  Hayne,  Samuel  Reese.  14th,  Leonard  D. 
Miller,  H.  Bernheimer.  15th,  Alonzo  Snyder,  Thomas  H.  Shanks. 
16th,  N.  Robinson,  J.  S.  Showacre.  17th.  William  P.  Smith,  Charles 
Bopp.  18th,  David  P.  West,  Augustus  Hoffman.  19th,  Richard  O. 
Jess.up,  James  E.  Sangston.     2nth,  John  K.  Stein,  Peter  H.  Stitcher. 

At   Large. — Jas.  Barnes,  Peter  Alt,  Chas.  E.  Harrigan,  J.  J.  Wilson. 


CITY     DIRECTORS,    TRUSTEES,    &c. 

Directors  on  tJie  part  of  the  City  in  the  Baltimore  and  Ohio  Railroad 
Company. — Thomas  White,  John  G.  Mcdin^jer,  John  F.  Wiley,  Robert 
T.  Banks,  Morris  A.  Thomas,  Charles  H.  N icolai,  Simon  I.  Kemp. 

Directors  on  the  part  of  the  City  in  the  Union  Railroad  Company. — Wm. 
G.  Harrison,  H.  H.  Lewis. 

Directors  on  the  part  of  ths  City  in  the  Western  Maryland  Railroad 
Company. — J.M.Hood,  President;  Alexander  Reiman,  Vice-President; 
Samuel  H.  Adams,  E.  G.  Hii^sley,  D.  J.  Foley,  William  A.  Boyd,  Jr., 
George  M.  Bokee,  Wm.  SeemuUer. 

Directors  on  the  part  of  the  City  in  the  Pittsburgh  and  Con?ieUsville 
Railroad. — William  H.  Perkins,  Israel  Cohen,  H.  G.  Vickery. 

City  Directors  in  the  Valley  Railroad. — Robt.  S.  Baldwin,  Decatur  H. 
Miller,  Richard  Norris,  Jr. 

Trustees  on  the  part  of  tlie  City  for  St.  Mary''s  Industrial  School. — R.  W. 
L.  Rasin,  Col.  Geo.  P.  Kane,  Charles  J.  Bonaparte. 

Directors  on  lehalf  of  the  City  of  the  Maryland  Industrial  School  for 
Girls. — G.  S.  Griffith,  J.  Q.  A.  Herring,  John  S.  Reese,  John  C.  Bridges. 
George  R.  Skillman. 

Managers  of  the  Ilousi  of  Refuge  on  the  part  of  the  City. — Charles  A. 
Keyser,  Lewis  A.  Biroly,  A.  Fuller  Crane,  J.  E.  Trippe,  Charles  H. 
Torsch,  Georize  AV.  Rol)inson,  Thomas  R.  Crane,  Wm.  Reynolds,  W. 
W.  Spence,  Charles  Towson. 

Managers  on  the  part  of  the  City  for  the  Douse  of  Reformation  and 
Instruction  for  Colored  Children.— lS,noc\i  Pratt,  Richard  D.  Fisher. 

Agent  of  Baltimore  City  for  tJie  Deaf  and  Dumb  Institute  of  Mary- 
land.— William  R.  Barry. 

Trustees  of  the  McDonogh  Educational  Fund  and  Institute. — Samuel 
H.  Tagart,  H.  Clay  Dallam,  John  Donnell  Smith,  William  A.  Stew- 
art, William  Keyser,  David  L.  Bartlett,  Thomas  Bond. 


674  BALTIMORE    CITY   OFFICEIiS. 

Distributors  of  Fund  for  the  Belief  of  the  Widows  of  those  loho  fell  in 
Defence  of  the  City,  in  1314. — Wm.  C.  Atkinson,  Henry  li.  Louderman, 
Finley  H.  Burns. 

FIRE     DEPARTMENT. 

Commissioners. — Jno.  T.  Morris,  President;  Samuel  Kirk,  Treasurer; 
Thomas  W.  Campbell,  Wm.  Wilson,  Jr.,  James  A.  Bruce. 
Chief  Engineer. — Henry  Sijilman. 

Assistant  Engineers. — Geo.  W.  EUender,  John  M.  Hennick. 
Secretary  and  Cleric. — George  A.  Campbell. 

No.  1  Engine. 

Foreman,  Jacob  H.  Hay  ward.  Engineman,  Jno.  H.  Deal.  Assistant 
Engineman,  Jacob  W.  Yeaton.  Hostler,  Lewis  J.  Fresch.  Firemen, 
Alex.  Forrest,  James  Humes,  Wm.  White,  John  H.  Morgan,  Laurence 
Pistel,  John  T.  Northouse,  E.  R.  Addison,  G.  N.  Mackenheiraer. 

No.  2  Engine. 

Foreman,  Jacob  Hines.  Engineman,  T.  Wheatley.  Assistant  En- 
ffineraan,  Saml.  Stansbury.  Hostler,  Richard  Kelly.  Firemen,  Thos. 
S.  Rodenhi,  John  A.  Young,  Charles  Romoser,  Benjamin  T.  Wirts, 
Francis  Slain,  George  Wernex,  Jno.  Leddon,  Henry  Hammel. 

No.  3  Engine. 

Foreman,  P.  H.  Flaherty.  Engineman,  John  F.  Reilly.  Assistant 
Engineman,  T.  H.  Humphreys,  Hostler,  P.  F.  Bi-adley.  Firemen, 
R.  Lindsey,  C.  Renner,  W.  H.  Ward,  A.  Maguire,  J.  Bradley,  J.  Batty. 
J.  Peirce,  J.  Reilly. 

No.  4  Engine. 

Foreman,  Geo.  W.  Hortou.  Engineman,  Geo.  W.  GrifRn.  Assist- 
ant Engineman,  Francis  M.  Butler.  Hostler,  John  AVernsing.  Fire- 
men, Samuel  French,  Joseph  Farr,  J.  Oscar  Healey.  James  H.  Walsh, 
John   T.  O'Halloran,  James  Allen,  Geo.  W.  Bentz,  Wm.  Corcoran. 

No.  5  Engine. 

Foreman,  W.  G.  Miller.  Engineman,  Francis  Corrigan.  Assistant 
Engineman,  W.  Ryan.  Hostler,  W.  Jamieson.  Firemen,  Jas.  Dona- 
hue, Milton  Spoflford,  Charles  Clark,  Wells  Ashcraft,  Jos.  L.  Chason, 
Edwin  Bailey,  J.  O.  Krauch,  W.  T.  Disney. 

No.  6  Engine. 

Foreman,  Wm.  W.  Watson.  Engineman,  M.  Mulligan.  Assistant 
Engineman,  Wm.  M.  Strebb.  Hostler,  J.  Laracy.  Fireman,  T.  B. 
Riall,  H.  .L  Edell,  D.  H.  Macaulay,  J..  W.  Harper,  C.  T.  Wright,  W. 
West,  J.  Reardon,  L.  Blake. 

No.  7  Engine. 
Foreman,  Jacob  Stouffer.     Engineman,  Wm.  Hoofnagle.     Assistant 
I-^ngineman,  P.  F.  Moriarty.     Hostler,   C.  M.  Kemp.     Firemen,  H.  S. 
Konig,   G.  W.  Grubb,   Ed.   Sheeks,  G.  W.  Allen,   J.  H.  Gildea,  J.  H. 
McGreevy,  J.  H.  Bowersox,  J.  P.  Welsh. 

No.  8  Engine. 
Foreman,  G.  W.  Krager.     Engineman,  Wm.  Thompson.     Assistant 
Engineman,  M.  Welsh.     Hostler,  W.  Kussmaul.     Firemen,  Ed.  Belelt, 


BALTIMORE    CITY   OFFICERS.  67o 

A.  J.  TValter,  0.  D.  Burgess,  G.  Chapman,  P.  Gallagher,  W.  A.  Mar- 
chant,  Thos.  Mur^^hy,  Jas.  Leyden. 

iTo.  9  EngiTie. 

Foreman,  Francis  D.  Kerr.  Engineman,  "Wm.  T.  Calvert.  Assist- 
ant Engineman,  Daniel  Hodgcrs.  Hostler,  John  Reed.  Firemen. 
Jos.  Ryan,  James  McDevitt,  J.  A.  Love,  Geo.  Meinberg,  S.  Uhlfelter, 
Sam'l  Smith,  J.  T.  Harney,  Wm.  J.  Stewart. 

No.  10  Engine. 

Foreman,  W.  R.  Ward.  Engineman,  F.  Conway.  Assistant  En- 
gineman, J.  J.  McCoy.  Hostler.  John  Kelly.  Firemen,  A.  Squires, 
W.  Deck,  John  Cook,  Samuel  Young,  W.  H.  Conway,  John  Keily, 
H.  Dunn,  J.  Keilholtz. 

No.  11  Engine. 

Foreman,  Andrew  Perry.  Engineman,  John  Calder.  Assistant 
Engineman,  F.  L.  Nelson.  Hostler,  J.  W.  Leddon.  Firemen,  Wm.  J. 
McLaughlin,  H.  R.  Seipil,  Jas.  Peacock.  J.  D.  Danels,  J.  B.  Lehman, 
Ebenezer  Smith,  Jacob  Meyers,  W.  Moore. 

No.  12  Engine. 

Foreman,  Jno.  P.  Cosgrove.  Engineman,  M.  Lycett.  Assistant 
Engineman,  Geo.  Linzmyer.     Hostler,  Goo.  D.  Taylor.     Firemen,  W. 

B.  Reynolds.  Wm.  Rodenhi,  D.  Mclntire,  C.  M.  Hope,  Henry  Seebach, 
L.  Broadwater,  Charles  Langlotz,  Jno.  Izer. 

Xo.  1  HooTc  and  Ladder. 

Foreman,  Henry  W.  Mears.  Tillerman,  E.  Burke.  Hostler,  J.  E. 
Patterson.  Laddermen,  C.  Dougherty,  J.  B.  Keene,  J.  W.  Blake,  M. 
Nolan,  Jno.  Farr,  J.  L.  Southcomb,  J.  P.  Ward,  S.  Berliner,  Joseph 
Blanchard,  J.  V.  Dougherty. 

No.  2  Hooh  and  Ladder. 

Foreman,  Geo.  H.  Houck.  Tillerman,  Jno.  G.  Gill.  Hostler,  Thos. 
Montgomery.  Laddermen,  Charles  L.  Lilly,  Thomas  Wagner,  F.  A. 
Marston,  Chas.  M.  Hall,  Evan  L.  Dorsey,  W.  S.  Lilly,  Louis  J.  Ru- 
dolph, W.  R.  Lashorne,  J.  W.  Friedhofer,  J.  C.  Turner. 

No.  3  Hoolc  and  Ladder. 

Foreman,  T.  W.  Humphreys.  Tillerman,  Jno.  McClellan.  Hostler, 
Chas.  Geiger.  Laddermen,  Robert  Crawford,  N.  Wormsley,  J.  N. 
Downs,  Thos.  Taylor.  Wm.  E.  Vanrossen,  G.  AV.  Foxwell,  R.  Calder, 
Jno.  Brown,  A.  Germon,  Louis  Roll. 


Fire  Lnspector. — Charles  T.  Holloway,  nominated  and  paid  by  In- 
surance Companies. 

Superintendent  of  Police  and  Fire  Alarm  Telegraph. — Charles  W. 
Crumbacker,  salary,  $1500. 

Telegraphic  Operators. — Edward  P.  Kenny,  Frank  L.  McAleese, 
Harry  P.  Lucas,  Alexander  Crummer,  salary,  $1200  each. 

Lineman. — Andrew  McGann,  sahiry,  $1200. 

Assistant  Battery  and  Line  Man. — Thomas  F.  Byrne,  salary,  $900. 

2^°See  pages  383  to  459  for  the  Laws  and  Ordinances  relating  to 
the  Municipal  OfBcers  of  Baltimore  city. 


676  THE    POSTAGE    LAW. 


INCEEASE  OF  SALABIES  OP  MUNICIPAL  OFFICERS. 

The  annual  salaries  of  some  of  the  Municipal  Officers  of  Baltimore 
city  having  been  changed  since  this  work  was  commenced,  the 
changes  are  given  below  up  to  the  date  of  present  writing,  April  19th, 
1875. 

The  Mayor,  $5000;  Secretary,  $1600;  Clerk,  $1200,  bond,  $2000; 
Messensrer,  $900;  Mayor's  Detective,  $1200,  bond,  $2500 ;  Day  and 
Night  Watchmen,  $1000  ;  Inspector  of  Public  Buildings,  $2000  ; 
.Janitor  at  Old  Masonic  Hall  and  Night  Watchman  at  Court  House, 
$1000 ;  Watchman  of  Old  Masonic  Building,  $2.50  per  day ;  Mem- 
bers of  City  Council, $1000  ;  Sergeants-at-Arms  and  Doorkeepers,$960 ; 
Comptroller,  $2500;  Chief  Clerk,  $1400;  Assistant  Clerk,  $1100  ;  Cor- 
oners, $400;  Bailiffs  of  Courts,  $1500  each;  Night  Watchman  of  Cir- 
cuit Court,  $900;  Chief  Engineer  of  Fire  Department,  $2000  ;  Assist- 
ant Engineers,  $1400 ;  Foremen  of  Engines  and  Hook  and  Ladder 
Companies,  $500;  Enginemen,  $1100;  Assistant  Enginemen,  Tiller- 
men  and  Hostlers,  $900  ;  E.xtra  Men,  $400  ;  Commissioner  of  Health, 
$2500  ;  Assistant  Commissioner  of  Health,  $1500  ;  Physician  at  Ma- 
rine Hospital,  $3000;  State  Vaccine  Agent,  $600,  and  $1400  to  pur- 
chase Virus;  Superintendent  of  Streets,  $1000 ;  his  Laborers,  $2.00 
per  day  ;  Horse  and  Cart,  $4.00  per  day  ;  Garbage  Cart,  $3.50  per  day  ; 
Clerk  to  Weigher  of  Live  Stock,  $1200;  Clerks  of  Markets— Belair, 
$700  :  Richmond,  $450,  (Keeper,  $240;)  Cross  St.  Market,  (Clerk  and 
Keeper,)  $800  each  ;  Centre  Market,  $400  ;  Superintendent  of  Court 
House,  Record  Office  and  Grounds,  $900. 


THE   POSTAGE  LAW. 

The  Act  of  Congress  of  1875  amends  section  8th  of  the  act  of  June, 
1874,  by  striking  out  "two  ounces,"  and  inserting  "one  ounce,"  so  as 
to  read  as  follows  : 

Sec.  8.  That  all  mailable  matter  of  8d  class,  referred  to  in  the  Act  of 
June  8th,  1872,  may  weigh  not  exceeding  four  pounds  for  each  pack- 
age thereof,  and  postage  shall  be  charged  thereon  at  the  rate  of  one 
cent  for  each  ow€  ounce  or  fraction  thereof.  See  page  23,  "Miscella- 
neous Articles." 


Congressional  Franking  Privilege. 

The  Act  of  Congress  of  March  3d,  1875,  Section  3,  restores  the 
Franking  Privilege  to  members  of  Congress,  so  far  as  relates  to  print- 
ed documents,  until  December  1st,  1875,  with  certain  limitations. 


\'' 


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